Ordinary Family Pension – Eligibility – Legal Disputes
Ordinary Family Pension
What is ordinary family pension and its eligibility ?
When service personnel dies in service due to a reason that nowhere connected to military service.
And Army/ Air Force/ Navy Medical Authorities assessed his death neither attributable nor aggravated to military service.
In such situation, his family member are entitled for Ordinary Family Pension (OFP) and after retirement also if soldier dies then also his family is entitled for Ordinary Family Pension.
Ordinary Family Pension to Widow
After demise of the solider, Ordinary Family Pension is sanctioned for life to wife of deceased solider.
In case wife is not available then the family pension is sanctioned to next eligible heirs for family pension.
Family Pension to Unmarried and Divorced Daughter
Earlier unmarried and divorced daughter were not entitled for family pension. However, family pension is also admissible to widowed, unmarried and divorced daughter for life.
If the eligible daughter is earning more than the amount of family pension or were not dependent to the deceased soldier, family pension may not be sanctioned to her.
Pension to Disabled Child
if Disabled Child is suffering from any diseases / disability / disorder in body or mind and the child is unable to earn livelihood.
In such situation the child is entitled for Ordinary Family Pension for life. However, earlier he was not granted pension in case he got married.
But this condition stopping family pension after getting marriage has been removed with effect from 24.09.2012.
Now, Disabled Child is also eligible for family pension even after getting marriage.
Family Pension after Remarriage
Earlier Widow was not entitled for Ordinary Family Pension (OFP) after getting remarriage, however, with effect from 01 Jan 2006, the childless widow of an employee became eligible for family pension.
Provided that her total income from all sources should be less than minimum amount of family pension.
However, High Court and Armed Forces Tribunal (AFT) are granting same relief of OFP to the widow having child even after his remarriage.
Pension to Children of Second Wife (Void Marriage)
Earlier children of second wife (void marriage) were not entitled to family pension because second marriage is not legal, if it is done during the life time of first wife and not divorced.
Govt. of India (Ministry of Defence) issued amendment in the policy which says the children of second marriage (void marriage) will also be entitled to family pension.
Family Pension to Parents of Officer Cadets
Parents or family of the Officer Cadets / Trainee are not entitled for ordinary family pension or special family pension.
However, they are entitled to monthly ex-gratia award when the death of officer trainee is attributable to military service.
Armed Forces Tribunal (AFT) are passing various Armed Forces Judgments on Family Pension.
Dual Family Pension
After earning service pension, soldier joins to Govt. Civil employment and he retires on attaining the age of superannuation.
Thus soldier is getting two service pension and after his demise his wife is to get dual (two) family pension but only one family pension was given to wife.
Earlier Family of military personnel were not entitled for dual family pension (one from military and another from civil employment).
The wife was entitled only for one family pension, however, with effect from 24 Sep 2012, this issue was resolved and Ministry of Defence issued a policy letter dated 17 Jan 2013 clarifying that wife will be entitled for dual family pension.
Question & Answers on Family Pension
(a) What is the rate of Ordinary Family Pension in Armed Forces ?
Ans. The rate of Ordinary Family Pension (OFP) is 30 % of Last Emoluments drawn at the time of retirement.
(b) What is the difference between Ordinary Family Pension and Special Family Pension ?
Ans. OFP is sanctioned when death of deceased service personnel is not attributable to military service but where death of service personnel is attributable to military service, his wife is entitled for Special Family Pension.
(c) What is the qualifying service of soldier for Ordinary Family Pension to his family ?
Ans. There is no minimum qualifying service required. If a soldier died even after one day service irrespective of on duty or at home, his family will be granted family pension.
(d) Is disability pension in Armed Forces is continued after death of soldier ?
Ans. No, the disability pension is granted to soldier during his life time only. After his death the disability element is stopped, however, OFP is granted on the basis of service pension or service element of disability pension.
(e) Whether parents are eligible for Ordinary Family Pension ?
Ans. Yes, they are eligible for division of family pension subject to condition that the wife is not looking after dependent parents.
(f) Armed Forces Tribunal (AFT) has rejected the claim of OFP to depended parents, what should they do ?
Ans. Parents should file appeal against AFT judgment in High Court under Article 226 of Constitution of India.
Read More : (a) Recruit also entitled for Disability Pension