Special benefits in cases of death and disability in service -

Special benefits in cases of death and disability in service -

payment of DisabilityPension/Family pension - regarding.

No.45/3/2008-P&PW (F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
Dated 30th September, 2010
OFFICE MEMORANDUM

Subject: Special benefits in cases of death and disability in service - payment of Disability
Pension/Family pension - regarding.

The undersigned is directed to say that the pension of pensioner/family pensioners
who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules is to
be revised in accordance with Department of Pension & Pensioners' Welfare Office
memorandum No.38/37/2008-P&P&W(A) dated 1.9.2008.
2. The question of modified parity between past and present pensioners, covered under
the Central Civil Services (Extraordinary Pension) Rules/Liberalized Pensionary Award
Scheme, on the lines of benefits sanctioned for ordinary pensioners/family pensioners, has
been under the consideration of the Government. It has now been decided that the revision
of pre-2006 pensioners/family pensioners coming under this category would be done as
under:-
(A) The past cases of pre-2006 pensioners/family pensioners will be revised under Para
4.1 of this Department's OM NO. 38/37/2008-P&P&W (A) dated 1.9.2008 as is being
done hithertofore and the revised pension on the basis of the provisions of this OM
worked out.
(B) The pension/family pension shall also be calculated as on 1.1.2006 by applying the
following procedure:
I. Family Pension for Categories B & C
(a) Where the deceased Government servant was not holding a pensionable post:
40% of minimum of Pay in the Pay Band plus Grade Pay/minimum Basic
Pay in the revised Scale of Pay in case of HAG and above, applicable from
1.1.2006, corresponding to the scale of pay last held by the employee, subj ect
to a minimum of Rs.4550/-
(b) Where the deceased Government servant was holding a pensionable post:
60% of minimum of Pay in the Pay Band plus Grade Pay/minimum Basic
Pay in the revised Scale of Pay in case of HAG and above, applicable from
1.1.2006, corresponding to the scale of pay last held by the employee, subject
to a minimum of RS.7,000/-
In case where the widow dies or remarries, the children shall be paid family
pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate
shall also apply to fatherless/motherless children. In both cases, family pension
shall be paid to children for the period during which they would have been
eligible for family pension under the CCS (Pension) Rules. Dependent
parents/brothers/sisters etc. shall be paid family pension one-half the rate
applicable to widows/fatherless or motherless children.
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II. Family Pension under Categories D & E
Family pension shall be calculated as the minimum of Pay in the Pay Band plus
Grade Pay/minimum Basic Pay in the revised Scale of Pay in case of HAG and
above, applicable from 1.1.2006, corresponding to the scale of pay last held by the
employee.
(a) If the Government servant is not survived by his widow but is survived by
child/children only, all children together shall be eligible for family pension at the
rate of 60% of minimum of Pay in the Pay Band plus Grade Pay/minimum Basic
Pay in the revised Scale of Pay in case of HAG and above, applicable from
1.1.2006, corresponding to the scale of pay last held by the employee, subject to a
minimum ofRs. 7000/-
(b) When the Government servant dies as a bachelor or as a widower without
children, dependent pension will be admissible to parent without reference to
pecuniary circumstances, at the rate of 75% of minimum of Pay in the Pay Band
plus Grade Pay/minimum Basic Pay in case of HAG and above, applicable from
1.1.2006, corresponding to the scale of pay last held by the employee, if both
parents are alive, and at the rate of 60% if only one ofthem is alive.
III. Disability Pension for Categories B & C
(a) Disability pension would comprise of a service element equal to 50% of
minimum of Pay in the Pay Band plus Grade Payor the minimum Basic"Pay
in the revised Scale in case of HAG and above, applicable from 1-1-2006,
corresponding to the scale of pay last held by the employee, to be reduced
proportionately, if the employee did not have required qualifying service for full
pension, plus disability element equal to 30% of the same minimum basic pay, for
100% disability.
(b) For disability less than 100%, disability element shall be reduced proportionately.
In cases of disability pension where permanent disability is not less that 60%, the
disability pension (i.e. total of service element plus disability element) shall not be
less than 60% of the minimum of pay in the Pay Band plus Grade Payor the
minimum basic pay in the revised Scale of pay in case of HAG and above,
corresponding to the scale of pay last held by the employee, subject to a minimum
ofRs. 7000/- per month.
IV. Disability Pension for Category D
(a) Disability pension would comprise of a service element equal to 50% of minimum
of Pay in the Pay Band plus Grade Pay/minimum Basic Pay in the revised Scale of
Pay in case of HAG and above, applicable from 1.1.2006, corresponding to the
scale of pay last held by the employee subject to proportionate reduction in case
his qualifying service up to the deemed date of retirement falls short of full
qualifying service and disability element equal to 30% of the same minimum of
Pay in the Pay Band plus Grade Pay/minimum Basic Pay in the revised Scale of
Pay, subject to the condition that the aggregate of service and disability element
shall not be less than 80% of the minimum of Pay in the Pay Band plus Grade
Pay/minimum Basic Pay, in case of HAG and above, applicable from 1.1.2006,
corresponding to the scale of pay last held by the employee, for 100% disability.
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(b) For lower percentage of the disability, proportionate reduction would be made in
disability element as provided in OM dated 3.2.2000 as amended vide O.M.
No.45/3/2008-P&PW (F) dated 18.11.2008
V. Disability Pension for Cases under Category E
(a) Disability pension would comprise of a service element equal to 50% of minimum
of Pay in the Pay Band plus Grade Payor the minimum Basic pay in the revised
Scale of pay in case of HAG and above applicable from 1-1-2006, corresponding
to the scale of pay last held by the employee subject to proportionate reduction in
case his qualifying service upto deemed date of retirement falls short of full
qualifying service and disability element equal to the same minimum of pay in the
Pay Band plus Grade Payor the minimum Basic Pay in the revised Scale of Pay in
case of HAG and above, corresponding to the scale of pay last held by the
employee, for 100% disability subject to the condition that the aggregate of service
and disability elements shall not exceed the minimum of Pay in the Pay Band plus
Grade Pay/minimum Basic Pay in the revised Scale of Pay, in case of HAG and
above, applicable from 1.1.2006, corresponding to the scale of pay last held by the
employee, for 100% disability.
The condition that the aggregate of service and disability elements shall not exceed
the minimum of Pay in the Pay Band plus Grade Pay/minimum Basic Pay in the
revised Scale of Pay, in case of HAG and above, applicable from 1.1.2006,
corresponding to the scale of pay last held by the employee, for 100% disabilitystands
withdrawn w.e.f. 1.7.2009.
(b) For lower percentage of the disability, proportionate reduction would be made in
disability element as provided in OM dated 3.2.2000 as amended vide O.M.
No.45/3/2008-P&PW (F) dated 18.11.2008.
3. After the revised pension/family pension has been calculated in accordance with the
methods indicated in (A) & (B) above, the higher of the two shall be granted as revised
pension w.e.f. 1.1.2006.
4. All other terms and conditions in the O.M. dated 3.2. 2000, as amended vide O.M.
No.45/3/2008-P&PW (F) dated 18.11. 2008 shall remain unchanged.
5. This issues with the concurrence of the Ministry of Finance, Department of
Expenditure D.O. NoA03/EV/2010 dated 28.7.2010.
6. In so far as persons belonging to the Indian Audit & Accounts Department, these
orders issue after consultation with the Comptroller & Auditor General of India.

(Tripti P Ghosh)
Director
Tele: 24624802
To
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