Entitlement on retirement on invalidation: Rule 16 of Central Civil Services (Implementation of National Pension System) Rules, 2021

 Entitlement on retirement on invalidation: Rule 16 of Central Civil Services (Implementation of National Pension System) Rules, 2021

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 30th March, 2021

16. Entitlement on retirement on invalidation. – (1) The case of a Subscriber acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:

Provided that such Subscriber shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.

(2) If a Subscriber, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, intends to retire from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may apply to the Head of Department for benefits on retirement on invalidation :

Provided that an application for benefits on retirement on invalidation submitted by the spouse of the Subscriber failing which by a member of the family of the Subscriber may also be accepted, if the Head of Department is satisfied that the Subscriber himself is not in a position to submit such application on account of the bodily or mental infirmity :

Provided further that where a Subscriber, who has acquired a disability and in whose case the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, intends to retire under this rule, the Subscriber shall be advised that he has the option of continuing in service with the same pay matrix and service benefits which he is otherwise entitled to. In case, the Subscriber does not withdraw his request for retirement under this rule, his request may be processed in accordance with the provisions of this rule.

(3) The Head of Office or the Head of Department shall, on receipt of an application under sub-rule (2), within fifteen days of the receipt of such application, request the concerned authority for examination of the Subscriber within thirty days of receipt of such request, by the following medical authority, –

(a) a Medical Board in the case of a Gazetted Government servant and of a non-Gazetted Government servant whose pay, as defined in sub-rule (21) of rule 9 of the Fundamental Rules, exceeds fifty- four thousand rupees per mensem ;

(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.

The medical authority shall also be supplied by the Head of the Office or Department in which the Subscriber is employed with a statement of what appears from official records to be the age of the Subscriber, and if a service book is being maintained for the Subscriber, the age recorded therein should be reported. A copy of the letter requesting for examination by the medical authority shall be endorsed to the Subscriber.

(4) The Subscriber shall appear before the concerned medical authority for medical examination on the date fixed by that authority. The medical authority shall examine the Subscriber to ascertain whether or not the Subscriber is fit for further service or whether he is fit for further service of less laborious character than that which he had been doing.

(5) No medical certificate of incapacity for service may be granted unless the medical authority has received a request from the Head of his Office or Head of Department for medical examination of the Subscriber.

(6) A lady doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.

(7) Where the medical authority referred to in sub-rule (3), has found a Subscriber mentioned in sub-rule (2) not fit for further service or has found him fit for further service of less laborious character than that which he had been doing, it shall issue a Medical Certificate in Form 3. If the Subscriber is found to be unfit for further service, he may be granted benefits on retirement on invalidation.

(8) If the Subscriber, has been found to be fit for further service of less laborious character than that which he had been doing, he shall, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be granted benefits on retirement on invalidation.

(9) Where a Subscriber, who had exercised option or in whose case the default option under rule 10 is for availing benefits under the Central Civil Service (Pension) Rules, 1972 or the Central Civil Services (Extraordinary Pension) Rules, 1939, and in whose case the provision of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, retires on account of any bodily or mental infirmity which permanently incapacitates him for the service, further action will be taken by the Head of Office for disbursement of benefits in accordance with the Central Civil Services (Pension) Rules, 1972.

(10) If the Subscriber, avails the benefits under the Central Civil Services (Pension) Rules, 1972 in accordance with sub-rule (9), the individual pension account of the Subscriber shall be closed and the Government contribution and returns thereon in the accumulated pension corpus of the Subscriber shall be transferred to Government account. The remaining accumulated pension corpus shall be paid to the Subscriber in lump sum.

(11) Where a Subscriber, who had exercised option or in whose case the default option under rule 10 of these rules is for availing benefits under the National Pension System and in whose case the provision of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may be granted benefits in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015 as admissible in the case of exit of a Subscriber on superannuation.

(12) If a Subscriber, who has become eligible to avail the benefits under the National Pension System in accordance with sub-rule (11), intends to continue his Individual Pension Account or to defer payment of benefits under the National Pension System beyond the date of retirement, he shall exercise an option in this regard in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015