Special Family Pension – Eligibility and Legal Disputes

Special Family Pension

Special Family Pension 

Special Family Pension is granted to an soldier/ Officer who died during performance of duty and his death is due to a reason attributable to or aggravated by military service.

MoD has made provisions of SFP to family of the soldiers for the death attributable to military service.

In many cases the connection between death and military service are disputed  and Court of Inquiry are ordered to inquire the matter.

Pension Regulation 213 of the Pension Regulation for Army, 1961 (for soldiers) and Regulation 85 for officers deal with the provisions of SFP.

The rate of SFP is same in both injury and disease cases.

Special Family Pension to Parents

Pension Regulation also provides provisions for grant of SFP to Parents of deceased employee.

Where death of soldier is attributable or aggravated by military service and parents are dependent on the soldier/ officer.

They are entitled for SFP as Second Life Award.

Division of Family Pension

The amount of Special Family Pension  (SFP) can be divided between wife and mother.

The division of SFP is done after due verification by service HQ where wife refused to look after the dependent parents and siblings.

One must be dependent on the solider / officer to seek SFP and should not have other source of livelihood.

Family Pension after Re-Marriage

Earlier there was bar on grant of SFP on remarriage. With effect from 01.01.1996, MoD has removed this bar.

Now, there is no bar on grant of SFP to wife on her Re-Marriage. However, it is subject to the fact that widow continues to support children after remarriage or not.

The of having children is also relevant to continue the SFP after remarriage.

Amount of Special Family Pension 

The amount of SFP is 60 % of Last Emoluments drawn at the time of demise of the soldier/ officer of Armed Forces, subject to the relationship of the deceased.

Whereas Ordinary Family Pension is fixed @ 30 % of Last Emoluments drawn at the time of demise of the soldier/ officer.

Legal Disputes SFP 

Normally disputes arises between wife and parents for grant of SFP. The can write to Record Office/ Service HQ for division of SFP.

Sometimes, Court of Inquiry found that the death of deceased solider is not attributable to military service despite of the fact that solider died while on duty.

Armed Forces Tribunal has jurisdiction decided such kind of litigation claiming SFP.

Read More : Appeal Against AFT Order in High Court