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Chapt - 8 - guide

5/26/2020 2:28:47 AM

CHAPTER - VIII

 

PENSIONARY BENEFITS ADMISSIBLE TO THE

ARMED FORCES PERSONNEL AND THEIR FAMILIES

 

General

 

1.         To maintain operational efficiency, the Armed Forces are required to maintain a youthful profile necessitating retirement of approximately 55,000 to 60,000 personnel every year.  The Armed Forces personnel are granted pension since they are retired early at a younger age.  The Government also recognizes their social, domestic and personal commitments at the comparatively young age of their retirement.  In recognition to their needs, the Government takes a number of measures to rehabilitate them in civil life by providing re‑employment as well as self‑employment opportunities.  Central Government has also undertaken various steps for the welfare of ex-servicemen and their families.

 

2.         Pensionary Benefits. The Armed Forces Personnel are granted retiring/service pension on normal retirement/release from service on completion of the prescribed tenure. In cases of disablement in non-battle casualty cases, disability pension is sanctioned on the recommendation of the appropriate medical authority. Personnel injured/wounded during war or war like operations are granted a special pension known as War Injury Pension. The rates, terms and conditions for grant of these pensions are detailed in the following paragraphs.

3.         Retiring/Service Pension

 

(a)

Officers

 

 

(i)

Eligibility

Minimum qualifying service required for earning retiring pension is 20 years (without weightage).

 

(ii)

Weightage

9 years for Captains to 3 years for Generals is added to the qualifying service for the purpose of pension.

 

(iii)

Pension Formula

It is calculated at 50 % of the average emoluments drawn during the last 10 months' for 33 years qualifying service. For service less than 33 years, pension is proportionately reduced. The maximum limit of Retiring Pension is 50% of the highest pay applicable to the Armed Forces personnel.

 

(iv)

Commutation

43% of the pension sanctioned is allowed to Pension be commuted.

 

(v)

Dearness Relief

As admissible from time to time

 

(vi)

Retiring Gratuity

The minimum period of qualifying service required for earning retiring gratuity is 10 years (without weightage). It is calculated at the rate of 1/2 a month's reckonable emoluments for each completed six months' period of qualifying service subject to a maximum of Rs. 3.5 lakhs. For calculating gratuity, a uniform weightage of 5 years of added service is given to all ranks.

 

(vii)

Leave encashment

Upto 300 days

 

(b)

PBORs

 

 

(i)

Eligibility

Minimum qualifying service required for earning Service pension is 15 years (without weightage) (20 years in the case of  NCs(E).

 

(ii)

Weightage

Weightage of 5 added years of service is given for calculation of pension.

 

(iii)

Pension Formula

Pension is calculated at 50 % of the reckonable emoluments for 33 years of qualifying service to be reduced proportionately for lesser period of qualifying service. Pension is calculated with reference to   the maximum pay held for 10 months preceding retirement. The    minimum amount of service pension admissible w.e.f 1.1.1996 is Rs. 1275/- per month.

 

(iv)

Commutation

45% of the pension sanctioned is allowed to be commuted.

 

(v)

Dearness Relief

As admissible from time to time.

 

(vi)

Service Gratuity

The minimum period of qualifying service required for earning service gratuity is 5 years (without weightage).  Admissible at a uniform rate of half months reckonable emoluments for each completed 6 months period of qualifying service subject to a maximum of Rs. 3.5  lakhs.

 

(vii)

Leave encashment

Up to 300 days

3.         Benefits Admissible in Cases of Invalidment/Retirement on Account of injuries sustained in war or war like situations.      Personnel who sustain injuries in war or war like operations/counter-insurgency operations etc. are entitled to War Injury Pension and in cases of disablement on account of war injuries, the Armed Forces personnel are eligible to receive the pensionary benefits as under:-

(a)       Invalidment on account of war injury: War Injury Pension consisting of service element and             war injury element as under:-

(i)         Service element  - equal to retiring/serving pension to which the individual would have been entitled on the basis of his/her pay on the date of invalidment but counting service upto the date on which he/she would have retired in that rank in the normal course including weightage as admissible. There is no condition of minimum qualifying service for earning this element.

(ii)        War injury element  - equal to reckonable emoluments last drawn for 100% disablement.  However, in no case the aggregate of service element and war injury element is to exceed last pay drawn. For lower percentage, war injury element is proportionately reduced.

 

(b)       Streamlining the procedure to be followed by Medical Boards: The 5th Central Pay Commission vide para 164.10 had recommended that system of periodical review by the Resurvey Medical Board be abolished and the recommendation of the Medical Board be treated as final unless the individual himself asks for a review. The recommendation has been accepted in respect of injury cases. In respect of disease cases disabilities not of permanent nature there will be only one review of the percentage of disability by a Reassessment Board whose assessment will be final and for life unless the individual asks for a review. The review will be carried out by a Review Medical Board constituted by DGAFMS. The percentage of disability assessed by the Review Medical Board will be final. Necessary orders have been issued in this regard.

(i)         Calculation of war injury element.         The extent of disability or functional incapacity is determined as under for the purpose of computing war injury element in the cases of invalidment:-

(aa)  Disability less than 50%                                -50%

(ab)  Disability between 50% and 75%                -75%

(ac)  Disability between 76% and 100%              -100%                     

(ii)        Constant Attendance Allowance (CAA) :- Rs.600/- per month for 100% disablement on the recommendations of the Medical Board

(iii)       Retirement Gratuity.  Subject to a maximum of Rs.3.5 lakhs. It is calculated on the basis of reckonable emoluments on the date of invalidment but counting service upto the date on which the individual would have normally retired in that rank plus weightage as applicable (total not exceeding 33 years)

(c)        In cases of retention in service despite war injury and subsequent retirement.             Armed Forces personnel who are retained in service despite disability have an option either to draw lump-sum compensation in lieu of war injury element foregoing war injury element at the time of subsequent retirement/ discharge or to draw war injury element at the time of retirement in addition to retiring/serving pension admissible on retirement/discharge.

 

Those who opt for lump-sum compensation are eligible to pensionary benefits as under:-

                       

                        (i)         Serving/Retiring Pension

 

(ii)        Lump-sum compensation in lieu of war injury element for disablement of 20% or more for life, at the following rates (in cases arising on or after 1.1.1996):-

Category                                           Rates for 100% disability to be reduced proportionately for lower %age

Commissioned Officers                   Rs. 5200/- per month

JCOs & equivalents                          Rs.3800/-per month

            Other Ranks                                       Rs. 3100/- per month

Once the compensation for war injury element has been paid, there is no further entitlement on account of such a disability at the time of retirement/discharge.

 

Those who opt for war injury element on subsequent retirement are eligible to receive war injury element on monthly basis at the rates mentioned above.   No war injury element is payable for disability less than 20%.

(iii)       Constant Attendance Allowance (CCA) - Rs. 600/- per month for 100% disablement on the recommendations of the Medical Board.

 (iv)      Retirement Gratuity: - Subject to a maximum of Rs. 3.5 lakhs.   It is calculated on the basis of reckonable emoluments on the date of invalidment but counting service upto the date on which the individual would have retired in the normal course in that rank plus weightage of       5 years ( but not exceeding 33 years).

 

Note:  W.e.f.  1.1.1996, Armed Forces personnel sustaining disability due to acts of violence/attack by terrorists, anti-social elements, bomb blasts in public places or transport, indiscriminate shooting incidents etc. are entitled to the same pensionary benefits (i. e.  service element and retirement gratuity) as admissible to war injury cases on invalidment/retirement/discharge including lump-sum compensation in lieu of disability, as mentioned above, except that on invalidment they would be entitled to disability element instead of war injury element.

For lower percentage of disablement, this amount is proportionately reduced. However, in no case aggregate of service element and disability element shall be less than 80% of reckon able emoluments last drawn.

4.   Benefits in cases of returement/invalidment with disability attributable to/aggravated by military service (non-battle casualty cases).     The disability pension is admissible subject to the condition that the disability on account which Armed Forces Personnel is invalided out is accepted as having occurred/aggravated by conditions of military service.

 

(a)       (In case of invalidment on account of  disability  attributable to or aggravated by military service, the individual is entitled to the pensionary benefits as under:-

 

(i) Normal Retiring/Serving Pension - for the length of service actually rendered plus the full weightage appropriate to the rank held at the time of invalidment. There is no condition of minimum qualifying service having been rendered for earning this element of pension, if otherwise due.

 

(ii)  Disability element - at the following rates (for 100% disability  to be reduced proportionately for lower percentage:-

Commissioned officers        - Rs. 2600/- per month

 

Where permanent disability is not less than 60%, the disability pension (total of service element plus disability element) is not to be less than 60% of reckonable emoluments last drawn.

(iii)       The extent of disability or functional incapacity is determinable as under for the purpose of computing the disability element in cases of invalidment:-

Disability less than 50%                               - 50%

Disability between 50% and 75%               - 75%

Disability between 76% and 100%             - 100%

(iv) Constant Attendance Allowance (CAA): - Rs. 600/-p.m. on the recommendations of the medical board.

(v)   Leave encashment  :- Upto 300 days

(b)       Where an Armed Forces personnel is retained in service despite disability and retires/discharged on attaining the age of retirement or on completion of tenure. w.e.f.   1.1.1996. he/she is entitled to receive the following pensionarv benefits:-

(i)         Retiring/Serving pension - to be calculated at 50% of the average reckonable emoluments. The benefit of added years of service (weightage) which ranges from 9 years for Captain and below to 3 years for General is also given for calculating qualifying service.    PBORs are given the benefit of 5 added years of service for determining qualifying service.

 

(ii)        Retirement/Service Gratuity - depending on the length of service subject to the maximum of Rs. 3.5 lakhs.   For calculating gratuity a uniform weightage of 5 years is given to all ranks (total not exceeding 33 years)

(iii)       Other benefits - Leave encashment upto 300 days.

(iv)       Disability element - at the following rates effective from 1.1.96 (for 100% disability to be reduced proportionately for lesser degree of disability upto 20%):-

                                    Commissioned officers        - Rs. 2600/- per month

                                    JCOs & equivalents              - Rs. 1900/-per month

                                    Other Ranks                           - Rs. 1550/- per month

 

Disability element is payable for disability actually assessed/accepted. No disability is payable for disability less than 20%.

(c)        Lump-sum compensation in lieu of disability element        Where an individual is found to have a disability which is accepted at 20% or more for life but the individual is retained in service despite disability, he is paid a lump- sum compensation in lieu of disability element equal to the capitalized value of disability element on the basis of disability actually assessed (and not the disability computable in cases of invalidment). The rates of disability element for calculating capitalized value in cases arising on or after 1.1.96 are as under:-

Commissioned officers        - Rs. 2600/- per month

JCOs & equivalents              - Rs. 1900/-per month

Other Ranks                           - Rs. 1550/-per month

Once such compensation has been paid in lieu of disability element, there is no further entitlement on this count at the time of retirement.

5.         Benefits in the event of invalidment on account of disability neither attributable to nor aggravated by military service (invalid pension)

(a)       Eligibility Conditions - Invalid Pension is admissible where an individual is invalided out of             Military service with a disability neither attributable to nor aggravated by military service, if the service             actually rendered is 10 years or more. Invalid gratuity is paid when the service rendered is less than 10        years.

(b)       Rates

(i)         Invalid Pension:- Amount equal to the service element of disability pension that would have been admissible in case the causes were attributable to or aggravated by military service.

 

(ii)        Invalid Gratuity: - ½ a month's reckonable emoluments for each six monthly period of qualifying service

6.         Family Pensions    The families of the Armed Forces personnel are granted family pension on the death of a Service personnel/pensioner.  Family pensions are of three kinds, namely, Liberalized Family Pension, Special Family Pension and Ordinary Family Pension. The eligibility and conditions under which these pensions are granted are mentioned below:-

            (a)       Liberalized family Pension (LFP)

(i)         Eligibility:  The families of the Armed Forces personnel killed in war or war like operations, counter insurgency operations or in an encounter     with     or     in    incident involving armed hostiles, terrorists/ extremists, anti-social elements etc, are entitled to the Liberalized Family Pension.   Presently, it is admissible as under:-

(ii)        Widow:  Liberalized Family Pension equal to the reckonable emoluments last drawn by the deceased is payable to the widow in the case of officers and to the nominated heir in the case of PBORs until death or disqualification. Wef 1.1.96 in case of remarriage of the widow, full liberalized family pension continues to be admissible to her if she continues to support the children or has no children. If she does not support children after remarriage, ordinary family pension at 30% to widow and special family pension at 60% to eligible children are admissible.

(iii)       Children: If the personnel is not survived by widow but is survived by child/children only, all children together are eligible to liberalized family pension at the rate equal to 60% of reckonable emoluments last drawn by the deceased. LFP is paid to the senior most eligible child till he/she attains the age of 25 years or upto the date of his/her marriage whichever is earlier and thereafter the LFP is passed on to the next eligible child w.e.f. 1.1.96, in the case of eligible child is physically or mentally handicapped and unable to earn livelihood, LFP is admissible for life. Widowed/divorced daughters upto the age of 25 years or marriage whichever is earlier has been included in the definition of family for the purpose of Liberalized Family Pension.

 

(iv)       Parents: Where an officer dies as a bachelor or as a widower   without children, dependent pension is admissible to parents without reference to their pecuniary circumstances at the rate of 75% of the LFP for both parents and @of 60% for a single parent.

(b)       Special Family Pension (SFP)

 

(i)         Eligibility.   Admissible in case of death of a personnel on account of causes attributable to or aggravated by military service

 

(ii)        Rate.    Special Family Pension is admissible at the uniform rate of 60% of reckonable emoluments last drawn by the deceased, subject to a minimum of Rs. 2,550/- irrespective whether widow has children or not     (in cases arising on or after 1.1.96).  W.e.f.  1.1.96, in case the eligible child is physically or mentally handicapped and unable to earn livelihood, SFP is admissible for life. Widowed/divorced daughters upto the age of 25 years or marriage whichever is earlier has been included in the definition of family for the purpose of Special Family Pension.

 

            Families of SSCOs and ECOs who die under circumstances attributable to military service shall also be entitled to special family pension.

(c)       Special Family Pension on Remarriage of Widow:- Special Family Pension on remarriage of widow, is regulated as follows:-

Commissioned Officers

(i)         If she has child(ren): -

 

(aa) 

If she continues to support children after remarriage

 

 

Full Special Family Pension to continue to widow.

 

(ab)

If she does not support

children after remarriage

 

 

Ordinary Family (OFP) equal to 30% of emoluments last drawn to the re-married widow; 50% of the Special Family Pension to the eligible children.

                                                                                     

(ii)      If widow has no children                                            Full Special Family Pension to continue

                                                                                                                        to widow.

 

PBOR

 

(i)        If Special Family Pension is sanctioned to the Widow: Same  provisions as applicable to officers.

                       

                        (ii)        Where first life award is sanctioned to parents:

 

(aa)     If widow continues to                         50% of SFP to parents                   

            support child(ren) after                     50% of SFP to widow

            remarriage or has no issues

 

(ab)     If widow does not support                Full SFP to parents 

            children after re-marriage                Ordinary Family Pension to widow

            but the children are

            supported by the parents

 

(ac)     If children are not                               50% of SFP to parents

            supported either by the                     50% SFP to eligible

            re-married widow or the                   children.

            parents                                               Ordinary Family Pension to widow

 

(ad)     On death or                                        Full SFP to widow

            disqualification of parents

            and the widow supports

the children or has no issues

 

(ae)     On death or                                        Full SFP to eligible children.

            disqualification of parents                Ordinary Family Pension

            and the widow does not                   to widow.

            support the children.

 

(iii)       Death Gratuity.   subject to a maximum of Rs. 3.5 lakhs

 

(iv)       Ex-gratia payment.   Rs. 5 lakhs in cases of death due to accidents including accidents to the service aircraft occurring on or after 1.8.97.

 

(v)         Other Benefits.   Leave encashment upto a maximum of 300 days.

 

(d)       Ordinary Family Pension (OFP)

 

(i)        Eligibility:  Families of personnel who die during service for causes neither attributable to nor aggravated by service, or after retirement with pension, are eligible to ordinary family pension.

 

(ii)       Rate of Pension: With effect from 1.1.96 OFP is admissible at a uniform rate of 30% of reckonable emoluments last drawn subject to a maximum of 30% of the highest pay applicable to Armed Forces Personnel. The minimum amount of Family Pension is Rs.1275/- per month.

 

Notes:                      

(i)         Past family pensioners are entitled to get at least 30% of the minimum of the revised pay      scale introduced w.e.f.  1.1.96 for the rank in the case of Officers and rank and group in the case    of PBORs.

 

            (ii)        If the deceased personnel had rendered 7 years or more service, the family is given OFP    at the double the rate for the first 7 years or upto the time when the deceased would have               reached  the age   of  67 years whichever is earlier. The amount of enhanced family pension is             not to exceed 50% of the emoluments or the Retiring pension if the death takes place after             retirement but before 67 years of age.

           

            (iii)       With effect from 1.1.98, OFP is admissible also to (i) parents who were wholly dependant      on the Armed Forces personnel provided the deceased had left behind neither a widow nor a   child and (ii) widowed/divorced daughter till she attains the age of 25 years or up to the date of             her re-marriage whichever is earlier. The income criteria is that their earning should not be more   than Rs.2550/- per month. This benefit is admissible w.e.f. 1.1.98 also in cases where death of             Armed Forces personnel occurred prior to 1.1.96.

 

7.         Ex-Gratia Award in the Event of Death While Performing Military Duty

 

In addition to Liberalized Family Pension/Special Family Pension, ex-gratia payment to the family of a deceased Armed Forces personnel is admissible as under in the event of death occurring on or after 01.8.1997:-

           

            (a)       Death occurring due to accidents in the                 - Rs.5.00 lakhs.

course of performance of duties.

 

(b)       Death occurring in the course of                             - Rs.5.00 lakhs performance of duties attributable to acts of violence by terrorists,

                        anti-social elements etc.

 

(c)        Death occurring during (i) border                            - Rs.7 .50 lakhs skirmishes and (ii) action against militants, terrorists, extremists etc.

 

(d)       Death occurring during enemy action in                 - Earlier Rs. 7.50 lakhs

international war or such like engagements              increased to Rs.10 lakhs

which are specifically notified by the MOD.              W.e.f.  1.5.1999

 

Revision of Pension

 

8.         (a)       Revision of Pension of Pre-1.1.96 Pensioners/Family Pensioners

The Fifth Central Pay Commission recommended that total parity may be brought between the pre 1.1.86 and post 1.1.86 retirees, by notional fixation of pay of pre 1.1.1986 retires in the post. 1.1.86 scales of pay and refixing of pension of all pre 1.1.1986 retirees on basis of their notional fixation of pay. This recommendation of Fifth Central Pay Commission has been implemented by the Government and total parity has been achieved  between pre 1.1.1986 retirees and those, who retired between 1.1.1986 and  31.12.1995.

 

            The Government have also accepted the concept of 'Modified Parity’ which stipulates that the consolidated pension shall not be less than 50% of the  minimum of the new pay scale, as revised by Government, based on Fifth Central Pay Commission. This will be with reference to the post held by the pensioner, at the time of retirement.

 

(b)       Revision of Disability Pension/Special Family Pension/Liberalised Family Pension/War Injury Pension etc. in respect of Pre-1996 Armed  Forces Pensioners 

 

The 5th Central Pay Commission though recommended the consolidation and revision of Ordinary Family pension in respect of past family pensioners, it is silent about the revision of Special/Liberalized Family Pension. The issue of revision of Disability Pension/War Injury Pension/Special Family Pension/Liberalized Family Pension etc. in respect of pre- 1.1.96 Armed Forces Pensioners was considered in consultation with Deptt. of Pension and Pensioners Welfare and Ministry of Finance and   orders were issued by Ministry of Defence for revision of Disability Pension/Special Family Pension/Liberalized Family Pension /War Injury Pension etc. in respect of  pre-1996 Armed Forces pensioners vide letter No. PC 1(2)/97/D(Pen-C), dated 16.5.2001. In accordance with the provisions contained in the letter dated 16.5.2001, while for the widows who were in receipt of Liberalized Family Pension (LFP), irrespective of the date of award, the consolidated pension shall be not less than the reckonable emoluments calculated on the minimum pay in the revised scale of pay introduced w.ef 1.1.96 of the rank, rank and group(in the case of PBORs) held by the deceased personnel at the time of death, for the special family pensioners, the consolidated pension, shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f.  1.1.96 of the rank, rank and group (in the case of PBORs) held by the deceased personnel at the time of death, subject to a minimum of Rs. 2550/- p.m. The rates of Disability Pension, War Injury Pension (except invalidment cases), Constant Attendant Allowance as applicable to post 96 pensioners have also been extended to pre 96 pensioners in receipt of Disability Pension, War Injury Pension, Constant Attendant Allowance etc. w.ef 1.1.96.

9.         Grant of ex-gratia to reservists.  On the recommendations of 5th CPC, Government order has been issued on 29.12.2000 for grant of ex-gratia to reservists.  As per the Govt. letter ex-gratia of Rs. 600/- per month plus dearness relief applicable from time to time has been granted to the reservists who were discharged prior to 1.4.1968 and fulfilling other laid down conditions. The ex-gratia will be payable w.e.f. 1.11.97.

10.       Double Family Pension. With effect from 27th July, 2001 family pension admissible under the employees Pension Scheme 1995 and the Family Pension Scheme 1971 has been allowed in addition to the family pension to the Armed Forces personnel under the relevant Pension Regulations.

11.       Dearness Relief to Ex-servicemen on Re-employment.   Payable on full pension including commuted portion if any as per the rates notified by the Govt from time to time.  The details of various categories are given as under:-

 

(a)       PSU Absorbees: - Dearness Relief is payable at par with other pensioners.

 

(b)       Re-employed pensioners: - (i) Payable w.e.f. 18.07.97 provided pay on  re-employment is fixed at the minimum of the pay of the post in which re-employed and full military pension was ignored for fixation of re-employed pay and was not re-employed in group ‘A’ post.  (ii) Re-employed Group A pensioners are also not entitled to Dearness Relief.

 

(c)        Family Pensioners: - Payable from 18.07.97 irrespective of employment.

 

12.       Retirement Gratuity

 

(a)       Eligibility.  Minimum qualifying service is 5 years for all.

 

(b)       Weightage in qualifying service.

                        5 years in voluntary               5 years in all cases of Commissioned

                        retirement cases.                  officers & PBORs.

 

(c)        Formula for Retirement Gratuity.  Payable in lump-sum @ 1/4th of emoluments for every six monthly period of service subject to maximum of 16.5 time of emoluments and further subject to maximum ceiling of 3.5 lakhs. 


 IMPROVEMENT IN THE PENSION OF PERSONNEL BELOW OFFICER RANK (PBOR)


13. Government of India, Ministry of Defence (Deptt of Ex-Servicemen Welfare) vide letter No. 14(3)/2004-D (Pen/Sers) Vol.III dated 01 Feb 06 have conveyed that Group of Ministers (GOM) was constituted by the Government in January 2005 to look into the issue of One Rank One Pension.  After detailed deliberations on the various aspects, GOM felt that the demand for ‘One Rank One Pension’ cannot be agreed to, there is a justification for improving the pensionary benefits of the PBOR, particularly the three lowest ranks.


14. Finally, GOM unanimously recommended that the pension of pre-1.1.1996 retiree PBOR may be revised with reference to the maximum of post-1.1.1996 pay scales.  In addition, the weightage of Sepoy, Naik and Havildar ranks for past as well as future retirees be increased to 10, 8 and 6 years respectively subject to a maximum qualifying service of 30 years.  The benefit would be given only in respect of service pension.  These orders are effective from 1.1.2006.  No arrears are to be given.  The following have been added to previous pension orders :-


(a)   With effect from 1.1.2006, the weightage for the purpose of calculations of Pension for past as well as future retirees PBOR of Sepoy, Naik and Havildar ranks and their equivalent ranks in the Navy and Air Force, will be given weightage of 10 years, 8 years and 6 years respectively, subject to maximum qualifying service of 30 years.  However, in case a person is already getting more than 30 years qualifying service with the existing weightage of 5 years, he would continue getting that and there will be no enhancement of weigtage in his case.  The pension of past retirees would be recalculated accordingly.


(b)   With effect from 1.1.2006, pension of pre-1.1.1996 retirees in all ranks of PBOR in Army, Navy and Air Force for 33 years of qualifying service shall not be less than 50% of the maximum pay in the revised scales of pay introduced with effect from 1.1.1996 including 50% of highest classification allowance, if any, of the rank and group held continuously for 10 months preceding retirement subject to a minimum pension of Rs. 1913/- per month.  Such pension shall be reduced pro-rata where the pensioner has less than the maximum qualifying service for full pension that is 33 years.