History Of Gurkha Soldier              Terms And Conditions Of Service                     Tri-Partite Treat Of 1947

Headquarters Brigade of Gurkhas

GURKHA TERMS AND CONDITIONS OF SERVICE

* Overview
* Terms and Conditions of Service Since 1947
* Terms of Service
* Conditions of Service
* Ex-Servicemen's Associations

OVERVIEW

Gurkhas are recruited into their own distinct regiments within the Brigade of Gurkhas of the British Army in accordance with the provisions of the Tripartite Agreement 1947 (TPA).  This Agreement also supports the unique terms and conditions of service under which they serve.  In many areas these terms and conditions of service are identical to those enjoyed by their contemporaries in British Army, however, some differences do arise from the TPA and these are:

* Nationality - Gurkhas are enlisted as Nepalese citizens, they remain Nepalese citizens throughout their service and they are discharged in Nepal at the end of their service.

* Pay - Gurkhas have a different pay structure to a British counterpart based on Indian Army Basic Pay supplemented by a substantial overseas cost of living allowance. This structure ensures parity of income between Gurkha and British ranks on the basis of net take home pay.

* Accompanied Service - Accompanied Service is available to one quarter of married Gurkha personnel serving in the Brigade of Gurkhas at any one time. 

* Leave - To retain a vital link with their extended family and homeland, Gurkhas may return to Nepal for five months leave every three years.  Adequate provision is also made for local leave wherever they are serving in the years when Nepal Leave is not taken.

* Special Provisions - Gurkhas and their accompanied families enjoy many special provisions to enable them to observe their particular religious, national and cultural rites and traditions.

* Pension Entitlement - Gurkhas only need to serve for a minimum of 15 years to earn an immediate and index linked pension whereas British ranks need to serve for 22 years to qualify for an immediate pension and then they wait until the age of 55 years before it is index linked.  If British ranks fail to serve for 22 years they qualify for a Preserved Pension which is not paid until the age of 60 years.

* Pension Rates - Gurkhas receive a pension based on Indian Army rates and Indian Army regulations and not a pension based the British Armed Forces Pension Scheme.

TERMS AND CONDITIONS OF SERVICE SINCE 1947

Since 1947 the British Government has adhered to its obligations under the terms of the TPA for the employment of Gurkhas in the British Army.  As has been highlighted, there are differences between the terms and conditions of service of British and Gurkha soldiers particularly in the arrangements for their period of service, reserve liability, family accompanied service, pay, and pensions and specific areas determined by nationality, culture and religion.  These differences reflect the TPA and special history of the Brigade of Gurkhas and its links with the Indian Army.  In areas where the TPA does not stipulate links with the Indian Army the British Government has, wherever possible, applied the equivalent terms and conditions of service under which British troops are employed.

The withdrawal from Hong Kong in 1997 resulted in the bulk of the Brigade being concentrated in the United Kingdom (2000 Gurkha troops were stationed in Hong Kong).  To ensure Gurkha terms and conditions of service remained compliant with the TPA, and to remove anomalies that had evolved over time, a revised package was introduced on 1 July 1997.  Key elements of this package were the introduction of limited married accompanied service in the UK and replacement of Gurkha Addition, the variable theatre related overseas cost of living allowance, with an addition known as Universal Addition payable to all Gurkhas regardless of where they serve and at rates determined by rank, qualification and marital status.

The introduction of married accompanied service for Gurkhas in the UK brought about additional benefits relating to married accommodation, schooling, travel, baggage allowances, medical care, and resettlement training prior to retirement.

TERMS OF SERVICE

In accordance with the principles underpinning the TPA, Gurkhas are enlisted and discharged in Nepal.  Gurkhas remain Nepalese citizens throughout their service but in all other respects are full members of HM Forces and are liable for service anywhere in the world.

On enlistment all Gurkhas make an oath of allegiance (in Nepali translated directly from the oath taken by British troops) and throughout their service are subject to the Army Act and such regulations that are issued under its authority. 

Gurkhas normally serve for a minimum of 15 years (although 15 years is an expectation and not a right).  Dependent on rank achieved Gurkhas may serve a full 22 year career and, if commissioned, they can serve to a maximum of 30 years.  Gurkhas do not have a right to a minimum of 15 years service; they are initially engaged for 4 years and are then extended at the 4, 8 and 12 year manning control points to 15 years or more depending on their rank, performance and conduct. 

The maximum service points for Gurkha ranks are:

Subject to individual performance, qualifications, conduct and vacancies, Gurkhas so recommended have the opportunity for promotion through the soldier rank structure to a Commission as a Gurkha officer.

Unlike the majority of British soldiers, on retirement Gurkhas have no reserve liability of any description nor will they as pensioners be liable for recall for service with the British Army.

CONDITIONS OF SERVICE

Pay and Pay Structure

In accordance with the TPA, British Gurkha basic pay rates are linked to the Indian Army Pay Code.  The last review of pay was as a result of the 1996 5th Indian Army Pay Commission (5 IPC).  The IPC reports every 10 years and recommends pay and pension awards for the Indian Army.  The 5 IPC reported in 1997 and once its recommendations had been approved by the Indian Government they were applied to British Gurkhas.  Any other interim changes to the Pay Code are implemented as India notifies them to the UK Government.

While Gurkha basic pay continues to be set in accordance with the Indian Army Pay Code, the TPA permits Gurkhas to receive an allowance to compensate for the higher cost of living while serving outside Nepal.  This allowance is called Universal Addition (UA) and is paid to Gurkhas wherever they serve.  Rates of UA vary depending on rank, qualification and marital status similar to the basis of pay for Regular Army soldiers.  A Gurkha's net take home income, i.e. the sum of Indian Army (IA) Basic Pay plus UA, is broadly equivalent with the net take home pay of his British Army counterpart serving in the UK.

Allowances

Where it is appropriate, allowances paid to Gurkhas are in accordance with those paid to Regular Army personnel.  Any differences are those related to specific demands in the TPA, some of which are to the benefit of the Gurkha; for instance free accommodation, free medical and dental treatment and special leave allowances when Gurkhas take Nepal Leave.

Married Accompanied Service

The TPA lays down that at any one time up to one quarter of married Gurkhas shall be accompanied by their families.  In practice this results in a total of approximately 850 married accompanied Gurkhas across the Brigade. 

Education

The Service Children's Education agency currently sponsors a Gurkha children's school in Brunei which caters for children up to Nepali class 5 (age 10).  The school is accredited by the Nepali Government and the syllabus is in accordance with the Nepali Educational Curriculum. 

Gurkha parents who are accompanied outside Nepal can send their children to a boarding school in Nepal for which they receive financial support through a Gurkha Education Allowance.  This allowance is adequate to meet the tuition and administrative fees of the best schools in Nepal. Alternatively, parents may bring their child(ren) to the UK and have them educated in a Local Education Authority school.  Because these children will eventually have to return to Nepal, however, there are compelling arguments for ensuring that they are educated in the Nepali curriculum.  Visits are arranged for children in Nepal with parents accompanied abroad who have adopted this approach.

Health

In accordance with the TPA, Gurkhas and their families receive free medical and dental treatment.  In Brunei, free treatment is provided by the Army Medical Services.  In UK Gurkha soldiers receive free treatment from the Army Medical Services and their families are entitled to free primary (GP) and secondary (hospital) medical and dental treatment including the repayment of prescriptions charges provided under the National Health Scheme.

Leave

The principle of Nepal Leave is contained in the TPA.  After three years service Gurkhas are granted five months leave in Nepal.  Thereafter, Nepal Leave is granted at three yearly intervals.  Nepal Leave allows individual Gurkhas to keep in touch with their extended families and their homeland and attend to personal or family matters such as marriage, property purchase and construction, etc.

In each of the years that Gurkhas do not take Nepal Leave they are entitled to take 20 working days local leave, all UK Public Holidays and 12 days for Nepal national holidays and Hindu religious festivals.  Additional leave is given on the birth of a child and its later 'christening' in accordance with the Hindu faith.

Resettlement Training Prior to Retirement

All Gurkha resettlement training to prepare a Gurkha for his retirement is identical to that available to British Army soldiers, and is held in the UK.  This arrangement provides Gurkhas with a wide choice of courses  and enhances an individual's chance of securing a worthwhile second career worldwide after he leaves the Army.  In addition to UK resettlement training, all Gurkhas undertake a re-orientation course on return to Nepal immediately prior to their discharge.  This short course provides up to date information on the developments in Nepal and serves to re-introduce a Gurkha to his homeland.

Resettlement training options for Gurkhas are the same as those available to British soldiers, although their personal choice of training is geared towards future employment prospects in Nepal.  They are also offered short-term placements with companies in the UK for work experience.  Career Transition Workshops are held all over the UK and courses are also conducted in Brunei for those approaching pension whilst serving there.

All Gurkhas have access to a Career Transition Partnership consultant in the Barracks in Kathmandu, who is very pro-active in finding a wide range of employment opportunities for ex-Gurkhas.  Soldiers have access to this consultant for up to 2 years following their discharge, as British ex-soldiers would have in the UK.

Pensions

In accordance with the TPA pension rates of Gurkhas in the British Army are linked to the Indian Army Pension Code.  All British Gurkhas are discharged in Nepal.  For those who complete a minimum of 15 years service there is entitlement to an immediate index linked pension.  Depending on the circumstance of death, between 60% and 200% of pensions can be passed on to a widow and then to children up to the age of 25 years.  Rates are also increased annually in line with the cost of living in Nepal. The annual cost of living increase reflects inflation by taking into account the increases awarded by a representative sample of private and public sector employers in Nepal.  In 2002 all pensions were increased by 10.4% to reflect a rise in the cost of living in Nepal.

Every ten years the Indian Government sets up a Pay Commission to review not only Indian Army pay but also pensions.  The 5th Indian Government Pay Commission made recommendations in 1997 and once approved by the Indian Government were passed on to British Gurkhas.  In meeting its obligations to the TPA, the UK Government awarded significant increases in pensions, in some case up to 50%, to 25,500 British Gurkha pensioners and their families.

In 1999, following the deaths of two Gurkhas in Kosovo, one British and one Nepalese, the UK Government wished to ensure that the pensioners and widows were receiving appropriate provision.  Minister (Armed Forces) established and led an examination of British Gurkha service pensions and death gratuities within the context of the TPA.  The objective was to achieve fair and balanced pensions and death gratuities for British Gurkhas which provide appropriate financial provision in relation to their service in the British Army whilst recognising their status as Nepalese citizens and their return to Nepal on retirement.

The first stage of the review agreed on increased payments for attributable death in service gratuities and was announced by the Prime Minister in 1999.  In line with the TPA, new rates for death in service were based on payments implemented by the Indian Government earlier the same year.  The basis of the award acknowledged an ex-gratia payment paid by the Indian Central Government plus an Indian State Government payment.  A UK element was introduced to substitute for the Indian State government payment.  This UK element brought payments for death in service to the level of the rates for comparable British Army servicemen.  The new rates were introduced, in line with the Indian Army, and took effect from 26 May 1999 (the beginning of Indian Army operations in Kashmir).

The second stage of the examination agreed substantial improvements to Gurkha pensions.  The new increases introduced a welfare related cash uplift to reflect benefits in kind received by Indian Army pensioners within the terms and conditions of the TPA.  All pensioners received a minimum 100% increase but some received considerably more, reflecting further increases arising from the Indian Government 5th Pay Commission.  These increases were introduced for all 25,500 Gurkha with effect from 1 April 2000.  From the outset Ministers were determined to ensure that justice was done to British Gurkhas and the Brigade of Gurkhas believe that this examination did just that. 

Apart for reviews conducted in response to Indian Government Pay Commission reports and the application of an annual cost of living index, it is very unlikely that a further detailed examination will be necessary in the short term.

The way in which Gurkha ex-servicemen receive their pensions depends upon the region in which they live. Those based close to the main population centres in Nepal are able to receive their pension either directly into bank accounts or from one of the three Pension Paying Offices in Kathmandu, Pokhara and Itahari. These are manned on a full-time basis and the majority of ex-Gurkhas opt to receive their pension this way.

Nepal has poor communications, and it is recognised that the arrangements explained above do not cater for residents in the more rural and remote areas. For this reason, Gurkha pensions are also paid quarterly, in cash, via Area Welfare Centres. There are 24 of these located throughout Nepal, but concentrated near the main ex-Gurkha population centres where there are often no banking facilities.  Nepal's topography, inclement weather and poor infrastructure, means that it is inevitable that some pensioners will still have to undertake long journeys in order to collect their pension. These difficulties are minimised as far as possible and where necessary, special arrangements are put in place to enable pensions to be collected on behalf of the sick or infirm.

It is important to point out that:

* The TPA enables Nepalese troops to be recruited and employed in the British and Indian Armies on a broadly comparable basis and therefore British Gurkha pensions are linked to Indian Army rates.  Introducing pensions at British Army rates would move completely away from the TPA and deny a pension to the majority of Gurkhas until well into their later life.

* British Army pensions reflect the cost of living in the UK and an immediate pension is not paid until a Regular Army soldier has completed 22 years service.  Even then it is not index linked until aged 55 years.  Those Regular Army soldiers who do not achieve a full 22 years service receive only a preserved pension when aged 60 years. In addition, a British Army pension is taxed and pensioners usually have to undertake a second career.  A Gurkha pension is based on the cost of living in India and Nepal, it is paid immediately after 15 years service (87% of Gurkhas retire at this point) and it is index linked once commenced.  The value of a Gurkha pension is considerable in Nepal.  All in all, Gurkhas get a very fair deal.  This is one of the reasons that there are 28,000 applicants for the 230 places available each year in the Brigade of Gurkhas.

EX-SERVICEMEN'S ASSOCIATIONS

Regimental Associations are self-financing organisations to which Gurkha ex-servicemen can belong to in Nepal.  The associations allow ex-servicemen to maintain contact with their previous units in the Brigade of Gurkhas.  They also foster community spirit and provide a social focus for ex-servicemen during retirement in addition to providing a conduit for information concerning welfare and activities within the Brigade.