When an officer is invalidated out on account of a disability and the same is attributable to or aggravated by Military service and is assessed and accepted at 20% or more, he is granted Disability Pension.Disability Pension consists of two elements viz. Service Element and Disability Element. Service element is equal to the retiring pension determined.
Disability Element for 100% disability for various rank is 30% of emoluments last drawn subject to minimum or Rs. 3510/- per month. For disability less than 100%, it shall be reduced proportionally.
It is admissible equal to retiring pension as determined vide Para 6 of Govt. of India, Min. of Defence letter no. 17(4)/2008(2)/D(Pen/Pol) dt 12/11/2008 subject to minimum of Rs. 3500/- PM w.e.f 1-1-2006.
Existing rates of disability element are as under:Disability Element for 100% disability for various rank is 30% of emoluments last drawn subject to minimum or Rs. 3510/- PM. For disability less than 100%, it shall be reduced proportionally.
For determining the Pensionary benefits the circumstances to decide the attributability/aggravation have been categorised as under :-
- Death or disability due to natural causes neither attributable to nor aggravated by military service determined by competent medical authority, chronic ailments like heart and renal diseases, Prolonged illness, accident while not on duty.
- Death or disability due to causes which are accepted as attributable to or aggravated by military service such as diseases contracted because of continued exposure to hostile work environment subject to extreme weather conditions or occupational hazards.
- Death or disability due to accidents while performing duty, such as,
- Accidents while traveling on duty in Government/public /private vehicles or during air journey or mishap at sea.
- Electrocution while on duty.
- Accidents during participation in organized sports events/ adventures activities/expeditions/training
- Death or disability due to acts of violence/attack by terrorist, anti-social elements, whether on duty or even when not on duty. Bomb blasts in public places or transport, indiscriminate shooting incidents in public, etc.would be covered under this category, besides death / disability occuring while employed in aid in civil power in dealing with natural calamities.
Death or disability arising as a result of :-
- enemy action in international war, action during peace keeping mission abroad, border skirmishes.
- during laying/clearance of mines including enemy mines as also minewsweeping operations
- On account of accidental explosions of mines
- War like situations, including cases which are attributable to / aggravated by:-
- Extremist acts, exploding mines, etc while on way to operational area.
- battle inoculation training exercises, or demonstration with live ammunition.
- kidnapping by extremist while on operational duty.
- An act of violence/attack by extremists and antisocial elements etc. while on operational duty.
- Action against extremists, antisocial, element, etc Death / disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators will be covered under this category.
- operations specially notified by Government from time to time.
Disability Pension on Invalidment
The amount of service element and disability element of disability pension in case of invalidment are determined as under:-
- - The amount of service element shall be equal to the retiring pension determined as per Para 6 of the MOD letter No. 17(4)/2008(2)/D(Pen/Pol) dt 12-11-2008 above. There shall be no condition of minimum qualifying service for earning this element.
- - The amount of disability element depends on the assessed degree of disablement by Invaliding Medical Board and rank of the officer. Disability lower than 100% shall be rounded with reference to percentage as laid down in clause (iii) below.
- Provided that where permanent disability is not less than 60% the disability pension (i.e. service element plus Disability element) shall not be less than 60% of the reckonable emoluments last drawn.
|Percentage of Disability as finally accepted||Percentage to be reckoned for computing of Disability Element|
|1 to 49||50|
|50 and 75||75|
|76 and 100||100|
Rounding off benefit is not admissible where disability is assessed at Nil percent by the Invaliding Medical Board.
Consatant Attendance Allowance
Constant Attendance Allowance is sanctioned to an officer for 100% disablement, if in the opinion of IMB/RSMB subject to acceptance by the pension sanctioning authority; he needs the services of a Constant Attendant for at least a period of 3 months subject to the condition that the pensioner actually employs a paid attendant to look after him.
The Constant Attendance Allowance will not be payable for:
- any period during which the pensioner was an inmate or inpatient of a Government institution or Hospital.
- any period for which a constant and paid attendant was not actually employed to look after him
- for the period of re-employment of the pensioner
Rate of Constant Attendance Allowance
Constant Attendance Allowance shall be admissible @ Rs. 3000/- p.m. irrespective of the rank w.e.f. 1.1.06. This rate be increased by 25% every time the dearness allowance payable on revised pay band goes up to 50%.
Lump-Sum Compensation in lieu of Disability Pension
In case a service officer is found to have a disability which is sustained under the circumstances mentioned in category ‘B’ and ‘C’ , and is assessed at 20% or above for life but is retained in service despite such disability, he shall be paid a compensation in lump sum (in lieu of disability element) equal to the capitalized value of disability element on the basis of disability actually assessed
Note: Provision of rounding off benefit shall not apply.
- For the above purpose, the age next birth day will be reckoned with reference to the date of onset of disability with loading of age, if any, recommended by the Disability Compensation Medical Board.
- Once compensation has been paid in lieu of disability element, there shall be no further entitlement to the disability element for the same disability. Such disability shall also not qualify for grant of any Pensionary benefits or relief subsequently.
- The payment of compensation in lieu of disability element will be made through IRLA on the basis of payment authority issued by Pension Sanction Authority.