IMPORTANT RULINGS IN PENSION

IMPORTANT RULINGS IN PENSION

IMPORTANT RULINGS IN PENSION

Rule No	Subject
Rule 8	Pension subject to future good conduct
Rule 9	Right of the President to withhold or withdraw pension
GID No. 3 below Rule 9	Final order under Rule 9 will be issued in the name of President
Rule 10	Previous sanction of the Government is required when retired Group A Officer seeks commercial employment within one year
GID No. 10 below Rule 10	Employment with a University is not commercial
GID No. 2 below Rule 14	Half of the service from contingencies will count for pension
GID No. 2-A below Rule 14	50% of the service rendered under temporary status will count for the purpose of retirement benefits
GID No. 7 below Rule No. 14	The temporary service rendered in a State Government is taken into account for computing total qualifying service
Rule 16	Service as an apprentice shall not qualify for pension except SAS apprentice in the Audit and Accounts Department or the Defence Accounts Department
Rule 21	All leave for which leave salary is payable count for pension. EOL on MC will count for pension EOL without MC for civil commotion will count for pension  EOL without MC for natural calamity will count for pension          EOL without MC for prosecuting higher scientific and technical studies will count for pension
GID No. 1 below Rule 21	All spells of EOL without MC not covered by specific entry will count for pension. There should be specific entry that the leave period will not qualify for pension.
GID No. 1 below Rule 22	Pre-appointment training period will count for pension if the training is followed immediately by an appointment even if only the nominal allowance is paid.
GID No. 1 below Rule 23	Suspension period not covered by specific entry will count for pension. There should be specific entry that suspension period will not qualify for pension.
GID No. 2 below Rule 23	Suspension should be held wholly unjustified when the proceedings end with minor penalty
GID No. 3 below Rule 26	The period of absence from duty between the date on which resignation become effective and the date on which the person is allowed to resume duty as a result of permission to withdraw resignation is not more than 90 days
Rule 32	Verification of qualifying service after 18 years’ of service and 5 years before retirement
Rule 33	Emoluments receiving immediately before retirement or death
Note No. 7 below Rule 33	Pay drawn while in foreign service shall not be treated as emoluments. The pay which he would have drawn under Government had he not been on foreign service shall alone be treated as emoluments
GID No. 4 below Rule 33	DA should be treated as emoluments for all types of gratuity.
Note No. 1 below Rule 34	If during the last 10 months, the official has been absent from duty on leave for which leave salary is payable, the emoluments which he have drawn had he not been absent duty shall be taken into account. (It means that HPL is availed during last ten months, full pay and allowance will be taken for the leave period of HPL.)
Note No. 2 below Rule 34	If during last 10 days, EOL or suspension not counting for pension is available, the period will be discarded and equal period before the ten months shall be included
Note No. 3 below Rule 34	If the official is on earned leave and the increment is earned during the first 120 days of earned leave, the increment will be taken into account for pension purpose though not actually drawn.
GID No. 3 below Rule 34	Determination of period of ten months in case of voluntary retirement:  If official retires 17.06.2018 Forenoon                                                  Y       M     D 18.08.2017 to  31.08.2017                         14            14/30 01.09.2017 to  31.05.2018                   9 01.06.2018 to 16.06.2018                         16              16/30  Total                                        0       10     0  In order that the fractions of a month at either end, when added, work out to one full month. This formula will also apply in case of February irrespective the month has 28 days or 29 days.    (Hence 10 months- From 18.08.2017 to 16.06.2018)
GID No. 3 below Rule 35	Relinquishment of charge on a holiday on retirement: The retiring Government servant should formally relinquish charge on the afternoon of the last day of month even if it happens to be a closed holiday.
Rule 37	A Government servant who has been permitted to be absorbed in a Public Sector Undertaking shall be deemed to have retired from Government service from the date of such absorption and he will be eligible to receive retirement benefits admissible under the provisions of CCS (Pension) Rules, 1972.
Rule 48	Retirement on completion of 30 years’ qualifying service- By giving notice of not less than three months to the Appointing Authority. Acceptance of the notice by the Appointing Authority is not necessary
Rule 48-A	Retirement on completion of 20 years’ qualifying service-                               By giving notice of not less than three months It is subject to the acceptance of the notice by the Appointing Authority.
Rule 48 –A (3-A)	A Government servant may make a request in writing to the Appointing Authority to accept the notice of voluntary retirement of less than three months giving reasons therefor.
Rule 49 (2)	Pension is calculated at 50% of last pay drawn or average emoluments whichever is more beneficial to the official.
Rule 49 (2-A)	Additional pension is admissible after completion of eighty years of age or above.
Rule 49 (3)	In calculating the length of qualifying service, fraction of a year equal to three months and above shall be treated as a completed one half-year.
Rule 49 (4)	Pension should be rounded off to the next higher rupee.
GID No. 7 below Rule 50	Dearness Allowance counts as emoluments for determing the amount of Retirement / Death gratuity
GID No. 8 below Rule 50	Maximum limit is raised to Rs. 20 Lakhs in respect of Retirement gratuity and Death gratuity
GID No. 8-A below Rule 34	Death gratuity table with reference to period of service
Rule 54(3) (a) (i)	Enhanced family pension is admissible to the official who rendered not less than seven years’ continuous service
	Where a official dies after rendering seven years of service, enhanced family pension shall be equal to 50% of the pay last drawn payable from the date following the date of death for a period of ten years, irrespective of age
	Where a pensioner  dies after retirement, enhanced family pension shall be payable for a period of seven years from the date of retirement  or up to the age of 67 years of pensioner whichever is less
GID No. 21   below Rule 54	Family pension to parents at the ordinary rate only. No enhanced rate of family pension
Rule 69 (1) (b)	Provisional pension shall be authorized from the date of retirement up to date of  conclusion of departmental or judicial proceedings, final orders are passed by the Competent Authority
Rule 69 (1) (c)	No gratuity shall be paid till the conclusion of disciplinary or judicial proceedings.
GID No. 7  below Rule 73	Only the arrears of licence fee shall be recoverable from pensioner’s relief.
Rule 5 (1) of CCS Commutation Rules, 1981	A Government servant shall be entitled to commute for a lump sum payment of an amount not exceeding forty percent of the pension
Rule 10-A	The commuted amount of the pension shall be restored on completion of fifteen years from the date of reduction of pension on account of commutation becomes operative
Rule 18	Eligibility for Commutation of pension after medical examination:- (1) Official retires on invalid pension (2)Official retires on compulsory retirement  (3)Official who submitting the application after one year of Superannuation or voluntary retirement
Rule 31(2) (a) of CCS (Leave) Rules, 1972	Where a Government servant has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled and his resignation or retirement taking effect from the date on which such leave had commenced. Hence the officer shall be deemed to have retired on …………………….(i.e.,) from the date of commencement of ‘Leave not due’.

Thanks to

Shri. P.Karunanithy, Retired SPOs, Madurai, TN