The Entitlement Rules for Casualty Pension and Disability Compensation Awards to Indian Armed Forces Personnel (ER) and Guide to Medical Officers (Military Pensions) GMO were last promulgated in 2008.
Since then, Government of India came out with numerous policy initiatives that significantly altered the conditions of eligibility, entitlement and rates of Death/ Disability Compensation awarded to war wounded, disabled personnel, widows and Veer Naris.
A need was therefore felt to clarify and consolidate the existing rules and medical guidelines.
The matter had also been flagged by the CAG in their report to the Parliament.
Pursuant to the above, a Study Group comprising of members from the Army, Navy, Air Force, Department of Ex-Servicemen Welfare and MoD (Finance) was setup to examine and review all the policy provisions related on the subject.
The committee submitted its Study Report and after extensive deliberations and discussions recommended aligning the ER with provisions of the CCS (Extra Ordinary) Pension Rules, 2023, whilst maintaining the principles and guidelines on Death/ Disability Compensation to Armed Forces personnel, laid down by Fifth CPC in 2001, which were further amended post the 6th and 7th CPC.
Salient Aspects that merit attention are as follows: –
- There are no policy or entitlement related changes in the revised ER.
- The ER have been revised/ updated with the aim to streamline the procedure followed for assessment and entitlement without any ambiguity to avoid litigation.
- All death and disability reported/ recorded after 21.09.2023 will be governed by ER 2023 and GMO 2023.
- ER and GMO, 2023 do not in any way affect past Pensioners/ Family Pensioners already in receipt of death/ disability compensation/ Family Pension.
- Only those personnel who are boarded out of service on medical ground before completing their terms of engagement are treated as invalided from service. They are eligible for Disability Pension which is a composite monthly pension that comprises of a Service Element and a Disability Element. PBORs and equivalent who are permanently placed in a low medical category and are discharged because no alternative employment could be provided to them suitable to their medical category or are discharged before completing their terms of engagement after providing suitable alternative employment are ‘Deemed to have been Invalided’ from service’. This provision does not apply to officers.
- Armed Forces personnel who are retained in service despite a disability, held attributable to or aggravated by military service post conduct of Retention cum Impairment Assessment Medical Board are eligible to be awarded ‘Capitalized Impairment Relief’ on foregoing which they become eligible for the award of monthly ‘Impairment Relief’ at the time of his retirement/ discharge. This ‘Impairment Relief’ may be paid in addition to Retiring Pension/ Gratuity (Officers) or Service Pension/ Gratuity (PBORs), as per their length of qualifying service. ‘Impairment Relief’ is the same as the erstwhile ‘Disability Element’ currently awarded to personnel retiring/ released/ discharged. The name has been changed to distinguish it from ‘Disability Element’ of ‘Disability Pension’, awarded to personnel invalided from service. There is NO change in the rate of ‘Impairment Relief’ vis-a-vis ‘Disability Element’.
- There is NO change in the rates of any death/ disability compensation.
- NO recoveries are planned based on ER and GMO, 2023.
- The aspect of compensation being given to cadets is being analyzed by a study group.
- 10 Years Clause for becoming Eligible for Invalid Pension. The rules governing eligibility for award of Invalid Pension continue to be governed as per the existing orders.
- While no changes have been made to the Competent Authorities, to further reinforce the checks and balances, it has been decided to confirm all accepted cases one level higher than the specified Competent Authority.
- The matters pertaining to income tax relief are sub-judice and hence cannot be commented upon.
- Civilians are authorized Disability Pension if invalided from service and a lump-sum compensation in lieu of Disability Element if retained in service. On the other hand, service personnel are authorized Disability Pension if invalided from service and if retained in service a lump-sum award or alternatively a monthly ‘Impairment Relief’ in addition to their Retirement/ Service Pension/ Gratuity.
To summarize the changes introduced are as follows:-
- Terminologies have been clearly defined to avoid confusion.
- ‘Entitlement’, ‘Assessment’ and ‘Invalidation’ clearly defined.
- Entitlement related to Categories defined in 31.01.2001 letter have been retained as hithertofore.
- Framework for awarding a ‘Capitalized Impairment Relief’ has been laid down, through an a Retention cum Impairment Assessment Board (RIAB)’
- One-up confirmation of accepted cases.
- Review of GMO in light of latest medical/ scientific knowledge, developments management of medical conditions and globally accepted standards for objectively measuring the percentage of impairment.
Source: https://pib.gov.in/
