Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023
Appendix -I
(Refer to Ministry of Defence letter
No. 16(3)/2023/D (Pen/Pol)/Vol-II
dated 21.09.2023
ENTITLEMENT RULES FOR CASUALTY PENSION AND DISABILITY COMPENSATION AWARDS TO ARMED FORCES PERSONNEL, 2023
1. Title. These Rules shall be called the Entitlement Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel, 2023 and supersedes the Entitlement Rules for Casualty Pensionary Awards to Armed Force Personnel, 2008.
2. (i) These Rules shall be read in conjunction with the following documents as amended from time to time: –
(a) Pension Regulations for the Army, 2008.
(b) Navy (Pension) Regulations, 1964.
(c) Pension Regulations for the Air Force, 1961.
(d) Guide to Medical Officers (Military Pension), 2023 and subsequent amendments, if any.
(e) Government of India, Ministry of Defence policy letters on the subject issued from time to time.
(ii) Superseding Clause. These Rules shall supersede all previous Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel. Where any provision in these rules is found contrary to the provisions of any previously existing rules, regulations or policies, on the subject of Casualty Pensionary Awards, the provisions given in these rules shall take precedence.
3. Extent of Application.
(a) These Rules shall apply to all Officers, JCOs, WOs, OR and equivalent ranks in other services including officers, JCOs, WOs and OR of the Territorial Army, when embodied, called out or attached as the case may be.
(b) These Rules do not apply in cases where disablement or death, on which the claim to casualty pensionary awards is based, took place
(i) During the period 3rd September, 1939 to 31st March, 1948, which will be dealt with in accordance with the entitlement criteria laid down in Annexure I: and
(ii) During the period of emergency post-1948 which will be dealt with in accordance with Annexure II to these Rules.
(c) Cases of death/ disablement of Cadets (Direct), due to causes attributable to or aggravated by military training shall be governed under the provisions contained in the Ministry of Defence letter No 1(5)/ 93/ D (Pen — C) dated 16th April, 1996, amended from time to time in so far as entitlement of ex-gratia is concerned. However, the claims for ex- gratia award shall be governed in accordance with these Rules. A copy of the letter dated 16th April 1996 is appended as Annexure III to these Rules.
4. Definitions: Unless the context otherwise dictates, the following terms shall mean as under: –
(a) Categories of Disabilities. For the purpose of determining the casualty pension and disability compensation for death or disability which is attributable to or aggravated by military service, the circumstances shall be broadly classified from Category A — E as specified in Paragraph 4.1 of Government of India, Ministry of Defence Letter No 1 (2)/ 97/ D (Pen — C) dated 31 Jan 2001.
(b) Disability. ‘Disability’ means a condition of a person resulting in long term physical, mental, intellectual or sensory impairment which in interaction with barriers, hinders full and effective participation in society, equally with others. In respect of Armed Forces personnel, a ‘Disability’ also means a functional impairment that inhibits an individual from effectively discharging duties of a military nature or to be provided an alternate employment within the service, even though the individual may otherwise be fit to participate normally in civil society. Two such Illustrations (though not an exhaustive list of the same) could be as given below: –
(i) Amputation of the index finger of the dominant arm, thereby precluding operation of the trigger of a personal weapon.
(ii) Personnel affected with seizure, who cannot be issued weapons or detailed on sentry duties.
(c) Entitlement. Entitlement is the determination by the Competent/ Appellate Authority, after considering both medical and non-medical evidence, as to whether or not a wound. Injury or any bodily disability has been influenced in its onset or course by conditions of military service or is a War Injury. Disabilities that fall under Categories ‘B’, ‘C’, ‘D’ or ‘E’ are called “Accepted Disabilities” and those that fall under Category ‘A’ are ‘Rejected Disabilities’.
(d) Assessment. The term “assessment” defines the process of evaluating the functional impairment suffered by an individual following a disability or disabilities in terms of percentage, for the purpose of calculating disability compensation. Assessment shall be determined by the competent medical authority on the basis of a physical examination of the individual.
(e) Disability Pension. A Disability Pension is a monthly composite pension comprising of a Service Element and Disability Element, each calculated separately, as a defined percentage of the last reckonable emoluments. There shall be no condition of minimum qualifying service for earning Service Element.
(f) Liberalized Disability Pension. Liberalized Disability Pension is a monthly composite pension comprising of a Service Element and a Disability Element, each calculated separately, as a defined percentage of the last reckonable emoluments, where the aggregate of Service Element and Disability Element shall in no case be less than 80 per cent of the last reckonable emoluments.
(g) War Injury Pension. A War Injury Pension is a composite monthly pension comprising of a Service Element and a War Injury Element, each calculated separately, as a defined percentage of the last reckonable emoluments.
(h) Invalid Pension. Invalid Pension is a monthly pension equal to the Retiring Pension as on the date of invaliding out of service.
(i) Impairment Relief. Impairment Relief is a monthly disability compensation, Calculated as a defined percentage of the last reckonable emoluments, awarded to Armed Forces personnel who are retired or discharged from service voluntarily or otherwise with a disability sustained under circumstances accepted as Category ‘B’ or ‘C’ and assessed not less than 20 per cent. ‘Impairment Relief shall hereinafter replace the term ‘Disability Element’ in as far as disability compensation to Armed Forces personnel who are retired or discharged from service. This is not a pension and shall cease upon the demise of the recipient.
(j) Liberalized Impairment Relief. Liberalized Impairment Relief is a monthly disability compensation, calculated as a defined percentage of the last reckonable emoluments, awarded to Armed Forces personnel who are retired or discharged from service voluntarily or otherwise with a disability sustained under circumstances accepted as Category ‘D’ and assessed not less than 20 per cent. ‘Liberalized Impairment Relief shall hereinafter replace the term ‘Liberalized Disability Element’ in as far as disability compensation to Armed Forces personnel who are retired or discharged from service. This is not a pension and shall cease upon the demise of the recipient.
(k) War Injury Relief. War Injury Relief is a monthly disability compensation, calculated as a defined percentage of the last reckonable emoluments, awarded to Armed Forces personnel who are retired or discharged from service voluntarily or otherwise with a disability sustained under circumstances accepted as Category ‘E’ and assessed not less than 20 per cent. ‘War Injury Relief shall hereinafter replace the term ‘War Injury Element’ in as far as disability compensation to Armed Forces personnel who are retired or discharged from service. This is not a pension and shall cease upon the demise of the recipient.
(l) Constant Attendance Allowance. A Constant Attendance Allowance is a monthly allowance (revised from time to time), paid in addition to Disability Pension/ Liberalized Disability Pension/ War injury Pension or Impairment Relief/ Liberalized Impairment Relief/ War injury Relief, only to Armed Forces personnel whose degree of impairment has been assessed at 100 per cent. This is not a pension and shall cease upon the demise of the recipient.
(m) Capitalized Impairment Relief/ Liberalized Impairment Relief/ War Injury Relief. A Capitalized Impairment Relief/ Liberalized Impairment Relief/ War Injury Relief (to be hereinafter referred in short as ‘Capitalized Impairment Relief in these rules) is the commuted present value of the future payout of an accepted Impairment Relief/ Liberalized Impairment Relief/ War injury Relief calculated by adopting the current commutation tables. The provision of Broad Banding shall not apply for calculating the percentage of impairment for the award of ‘Capitalized Impairment Relief. The terms Capitalized Impairment Relief/ Liberalized Impairment Relief/ War Injury Relief shall replace the terms Lump-Sum Compensation in Lieu of Disability Element/ Liberalized Disability Element/ War injury Element.
(n) Special Family Pension. Special Family Pension is a monthly pension, calculated as a defined percentage of the last reckonable emoluments, awarded to the Next-of-Kin of an Armed Forces personnel whose death occurs in circumstances accepted as Category ‘B’ or ‘C’.
(0) Liberalized Family Pension. Liberalized Family Pension is a monthly pension, calculated as a defined percentage of the last reckonable emoluments, awarded to the Next-of-Kin of an Armed Forces personnel whose death occurs in circumstances accepted as Category ‘D’ or ‘E’.
(p) Ex-Gratia Lump Sum Compensation in Cases of Invalidment. A one-time Ex-Gratia Lump-Sum Compensation is paid to Armed Forces personnel who are invalided from service on account of a disability held attributable to or aggravated by military service or a war injury, at a fixed rate (that is revised from time to time) for 100 per cent impairment, to be proportionally reduced for lesser degree of impairment up to a minimum of 20 per cent. The provision of Broad Banding shall not apply for calculating the percentage of impairment for the award of Ex-Gratia Lump Sum Compensation.
(q) Ex-Gratia Lump-Sum compensation to Next-of-Kin of Deceased Armed Forces Personnel. An Ex-Gratia Lump-Sum Compensation is paid to the Next-of-Kin of Armed Forces personnel who die under circumstances clearly specified in the relevant policy letter on this subject (duly amended from time to time), at rates specified against each circumstance (duly amended from time to time). However, the aggregate of all Government relief provided for the same circumstance of death of the Armed Forces personnel, shall not exceed a the specified maximum amount of Ex-Gratia Lump-Sum Compensation payable (duly amended from time to time)
(r) Monthly Ex-Gratia. Monthly Ex-Gratia is paid to Cadets who are invalided from military training at a monthly rate that is revised from time to time. This is not a pension and shall cease upon the demise of the recipient.
(s) Ex-Gratia Disability. Ex-Gratia Disability Award is paid to Cadets who are invalided from military training with a disability held attributable to or aggravated by military training, in addition to Monthly Ex-Gratia, at a monthly rate (that is revised from time to time) for 100 per cent impairment to be proportionally reduced for lesser degree of impairment up to a minimum of 20 per cent. This is not a pension and shall cease upon the demise of the recipient. The provision of Broad Banding shall not apply for calculating the percentage of impairment for the award of Ex-Gratia Disability Award.
5. Invaliding from Service.
(a) Invaliding out of service is a condition precedent to considering an individual’s case for the award of Disability Pension, subject to such disability being sustained under circumstances that is accepted by the Competent/ Appellate Authority as Category ‘B’ or ‘C’.
(b) Liberalized Disability Pension or War Injury Pension may be awarded if the impairment has been sustained under the circumstances that is accepted by the Competent/ Appellate Authority, as Category ‘D’ or ‘E’ respectively.
(c) Armed Forces personnel who are invalided out of service with a disability sustained under circumstances that is accepted by the Competent/ Appellate Authority as Category ‘A’ are eligible for the award of Invalid Pension, subject to their completing 10 years reckonable service or being declared medically unfit for service both in the military as well as civil.
(d) Only those Armed Forces personnel who are placed in medical classification SHAPE — 5 and boarded out of service by a Competent/ Appellate Authority on the recommendations of an Invaliding Medical Board, before completing their terms of engagement, shall be treated as invalided out of service.
(e) JCOs/WOs/ OR and equivalent rank in other services who are placed permanently in a medical category other than SHAPE — 1 or equivalent and are discharged because (i) no alternative employment suitable to their low medical category can be provided, or, (ii) they having been retained in alternative employment, are discharged before the completion of their engagement, shall be deemed to have been invalided out of service.
(f) Retired officers who are not granted re-employment or JCOs/ WOs/ OR who are not granted extension of service, beyond their prescribed term of engagement, for not meeting the laid down medical standards, shall not be deemed to have been invalided from service.
(g) Cadets whose training is terminated and who are boarded out on the orders of the Competent Authority, solely on account of a wound, injury or any medical condition shall also be deemed to have been invalided from military training.
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