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Monday, December 27, 2010

Double Family Pension

Queries are constantly received on this blog as to whether families of re-employed defence pensioners are entitled to the benefit of double family pension separately for military service and re-employed service. For example, if a military pensioner joins a pensionable non-military service after his release from the defence services and then dies in harness while in the subsequent service or dies after earning the second pension, then is his family entitled to the benefit of double family pension separately in respect of both the services ?.

The answer is NO.

However there are exceptions to the rule. In case the second pension is ‘contributory’ in nature, then both family pensions are admissible. The Courts have held that both family pensions would also be admissible if the second pension is granted from a non-government fund or from a fund / trust specifically created for the purposes of a pension scheme as is the case with most nationalised banks.

While the above is the current legal position, it would actually be much desirable if families of those personnel, civil or military, who have earned two pensions, are also granted the benefit of two family pensions since if the government employee himself / herself had earned two pensions, then depriving the family of the extension of the same does not stand to logic.

12 comments:

Harry said...

@ Maj Navdeep

Sir,

If we go by the past court rulings which declare that 'a pension is a deferred wage for the services rendered in the past while the individual was in service' so how come now the same court does not grant double pension to those affected?

I'm sure one of the above two interpretations is incorrect!

PS:- Now that 2011 is just around the corner, let me take this opportunity to be one of the first ones (if not the first) to wish you and your family a very HAPPY, PEACEFUL & PROSPEROUS NEW YEAR!

-With warm regards from AFRICA !!

Anonymous said...

It is not only logical to grant a soldier's family two pensions but also justified since the family pension becomes a meagre amount at very old age of the lady on death of her spouse. Therefore, granting two family pensions is justified and logical solution of the old age problems. Let the goodwill prevails on the authorities to resolve the issue early. I want to see in my life time that my wife wlll not starve on my demise.

Anonymous said...

Sir,
I am taking the liberty of using this medium to raise a query.
I and my wife, both are pensioners from armed forces.
If I kick the bucket, will my wife get my family pension in addition to her own pension?
Regards
Bhola

Vasundhra said...

@Anonymous-1:47PM My neighbour widow of a Major and she her self a pensoner from Punjab Edn Dept was drawing both the Pensions. Bankers had objected but we were able to dig out the policy letter under which both the pensions ie Self and spouses was authorised. It is always better to keep such policy letters handy. There are many half baked intellect mischief makers in this world. Further Maj Maj Navdeep will be able to clarify the correct position.

B P SINGH said...

Army to dedicate 2011 to its disabled personnel
The army will dedicate the year 2011 for its personnel disabled while serving the nation and a number of programmes will be launched for their welfare, Army Chief General V K Singh said .

"We are working out programmes under which we will give attention to all our disabled. It is not that we don't do it now, but for one year we want to concentrate only on this particular aspect," Singh told reporters on the sidelines of a function to honour war widows and disabled personnel.

Asked about complaints from veterans that they have been forgotten by the nation, Singh said the army has been working towards addressing the issue by updating the database of ex-servicemen at their regimental centres.

"Our endeavour is to prepare such a system that we can access the database of all the centres and after that see the shortcomings. And then send our personnel to these people and enquire about their problems and try to provide solutions for them," he added.

The army chief and his wife Bharati Singh today handed over scooters to the disabled soldiers and provided monetary help to the war widows

ak said...

sir,
so far answer NO to two family pension is disgrace to serve nation by our government of india, which gives 3/5th as family pension and eats other half service pension, earliar was not giving DR on pension, eaten for long time, now this one and also resent order of little OROP also not made applicable for wodows.
all this only for military person who guard the nation internally as well as internally round the clock through out their lives till death, no other person gets two pension from government since all other do only one consolidated service.military persons are thrown out in mid of service to keep young military and even if military person opts for consolidated pension for both services, then also ho is paid less than even single half service in any way . my father is the example of it, where as more qualified,did both

Anonymous said...

under the new pension scheme(NPS), the pension regulator will close your a/c the day the employee dies. His family will only receive the lumpsum amount accumulated/invested thus far. Please correct me if I am wrong?

ashok said...

injustice being done towards families of military pensioners who were getting civil pension as well for other half life service by not granting two family pensions which as it is reduced to 3/5 for single life
How to make government understand that they will not get two pensions for one life but will get two like their better half for 1/2 life only otherwise as now she gets for 1/4 life where as she along with 3 children may be 4 lives. Earned one half service pension stopped and other for doing 24hours 365 days service pay n pension should have been 3 times
I am sorry to write but as just now it struck in my mind that one way it was right to be killed by body guards of PM SMT. INDIRA GANDHI SINCE SOMETIMES SHE HAD SAID NOT TO PAY FOR SUNDAYS TO GENERAL & GOT REPLY OK BUT SOLDIERS WILL NOT FIGHT ON SUNDAYS IF WAR DECLARED. In civil people get over time double of a days pay + off in liew but for soldier no off no pay and then no pension because he is a slave, can not raise voice during service as well after service being diciplined and after his death who will bell the cat

Vansika said...

Respected Major Navdeep Singh, please refer Ministry of Personnel & Public Grievances and Pension notification no. 1/19/96-P-PW(E) dated 10/19 Jul 2002 regarding clarification of benefit of double pension applicable for both cases where retirement/ death of reemployed pensioner prior or after or on 27 Jul 2001 will be admissible w.e.f 27 Jul 2001 from which this dept notification 1/19/96-P-PW(E) dated 27 Jul 2001 came in to force.

Tukaram V Manerajurikar said...

To Vansika: This dual family pension sanctioned wef 27.07.2001 is ( One military or Civil and other is Provident Fund Pension under FAS 1971 and EPF 1995 only i.e. Worked in facories etc.). No two family pensions from Central/State Govt. are allowed. That's why the issue of Dual Family Pension is in the list of Defence Pay and pension anamolies now looked into by COS appointed by PMO to give report on 08.08.2012.

Vansika said...

Respected Mr Tukaram V Manerajurikar Thanks to update mu knowledge. Is there any progress after 08.08.12 in regard of dual family pension?

Anonymous said...

My Mother Is receiving Family Pension from Army as my father was an army officer . She is Employed with State Govt Of UP as a Teacher and will be retiring this year so sill she be entitled for both the pensions , hers and my fathers Family Pension , after her retirement this year .