Answer By law4u team
In India, ex-servicemen are eligible for various pension schemes, two of the most prominent being the service pension and the disability pension. While both provide financial support after service, they differ significantly in terms of eligibility, conditions, and calculation methods. Understanding the key differences between these two types of pensions is important for veterans to ensure they receive the correct benefits.
Key Differences Between Service Pension and Disability Pension:
Eligibility:
Service Pension:
Eligibility: Available to veterans who have completed a minimum of 15 years of active service in the armed forces.
Conditions: Service pension is granted to those who retire after fulfilling the required service period, regardless of whether they suffer from any disability or injury. It is based on the length of service and the rank at retirement.
Disability Pension:
Eligibility: Available to veterans who incur a disability during their service, or whose existing condition is aggravated due to their military service.
Conditions: Disability pension is granted only if the disability is service-related, meaning it occurred or worsened due to their military duties.
Cause:
Service Pension:
Cause: This pension is granted purely based on the length of service and is not linked to any specific medical condition or injury. It is for veterans who retire from the armed forces after completing the required number of service years.
Disability Pension:
Cause: This pension is provided to veterans who have been medically discharged or invalided out due to an injury or disability sustained during their service, or an existing condition that worsened as a result of military service.
Calculation:
Service Pension:
Calculation Method: Service pension is generally calculated as 50% of the last drawn salary or according to the Pay Commission recommendations. It is determined based on the veteran’s rank, length of service, and the last pay drawn before retirement.
Disability Pension:
Calculation Method: The disability pension is calculated based on the disability percentage and the veteran's rank at the time of discharge. It combines two elements:
- Disability Element: Based on the severity of the disability (e.g., 100%, 75%, etc.).
- Service Element: Part of the pension that reflects the veteran’s service years, similar to the service pension. The higher the disability percentage, the higher the disability pension element.
The total disability pension is a combination of the two.
Conditions for Payment:
Service Pension:
Payment Condition: Service pension is paid regularly to veterans after their retirement for the entire duration of their lifetime, as long as they remain alive. It is not linked to the veteran’s health or any disability.
Disability Pension:
Payment Condition: Disability pension is paid to veterans who are disabled due to a service-related condition. The amount may vary depending on the degree of disability. Veterans are required to undergo regular medical reviews to assess the degree of disability, and the pension may be adjusted based on these reviews.
Amount and Adjustment:
Service Pension:
Amount: The amount for service pension is usually 50% of the last drawn salary or an amount defined by the government based on Pay Commission recommendations.
Adjustment: This pension amount generally remains constant and is revised periodically based on the Pay Commission revisions.
Disability Pension:
Amount: Disability pension is calculated based on both the service element (which is similar to the service pension) and the disability element (which is based on the degree of disability).
Adjustment: Disability pension is revised periodically like the service pension but may be adjusted based on the percentage of disability and medical reviews.
Retirement vs. Discharge:
Service Pension:
Retirement: Service pension is provided to veterans who retire after completing the required years of service and are not necessarily affected by any health-related issues or injuries during their service.
Disability Pension:
Discharge: Disability pension is provided to veterans who are medically discharged or invalided out due to a disability sustained during service, even if they did not complete the full service period (depending on the severity of the condition).
Family Pension:
Service Pension:
Family Pension: After the veteran’s death, the family pension (usually 60% of the service pension) is paid to the spouse and dependent children.
Disability Pension:
Family Pension: If the veteran with a disability pension dies due to the disability, the family is entitled to a family pension (similar to the service pension) for dependents.
Example:
Service Pension Example:
An ex-army Havildar who served for 20 years is eligible for a service pension after retirement. The pension amount is 50% of the last salary drawn during service. The veteran continues to receive the pension until death.
Disability Pension Example:
A soldier who was injured in combat during an operation and suffered a permanent leg injury is eligible for a disability pension. The disability percentage is assessed at 40%, and the pension is calculated as a combination of the disability element and service element (based on the soldier’s service years).
Conclusion:
The key differences between service pension and disability pension lie in their eligibility, cause, and calculation methods. Service pension is available to all ex-servicemen who complete the required years of service, while disability pension is specifically for those who suffer injuries or disabilities related to their military service. Both pensions serve the purpose of providing financial security to veterans, but disability pensions offer additional support based on the degree of disability, and they are subject to regular medical reviews.
