Frequently Asked Questions On Pension Policy Updated (Central Civil Services)

Frequently Asked Questions On Pension Policy Updated (Central Civil Services)

Frequently Asked Questions (FAQs)

(Central Civil Services)

1. PENSION POLICY

(Last Updated : 18.04.2018)

(1.1) Which rules govern pension and gratuity to the employees retiring from Central Government Civil Departments.

Pension and gratuity of the employees retiring from Central Government Departments is regulated by the Central Civil Services (Pension) Rules, 1972. There are separate rules regarding pension and gratuity of Railway employees and Defence personnel.

(1.2) Is the date of voluntary retirement treated as duty?

Yes, the date of voluntary retirement is treated as duty (Rule 5).

(1.3) Who is eligible for pension?

A Govt. servant appointed in a pensionable establishment on or before 31.12.2003 and retires from Government service with a qualifying service of 10 years or more is eligible for pension (Rule 2, 49).

(1.4) How is pension calculated?

W.e.f. 1.1.2006, pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 10 months), whichever is more beneficial to the retiring Govt. servant. (Rule 49).

(1.5) What happens to the departmental proceedings instituted against a Govt. servant during service and pending at the time of retirement? Can pension/gratuity be paid to a retiring, Govt. servant if Departmental/Judicial proceeding are pending against him at the time of retirement?

Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner. Thereafter, authority will submit a report recording its finding to the President. In such cases, only provisional pension is paid and gratuity is withheld till the conclusion of departmental proceedings and issue of final orders thereon by the competent authority.

(1.6) Can Departmental proceedings be instituted after retirement?

Departmental proceeding can be instituted after retirement subject to following conditions:-

(a) Sanction of the President shall be obtained before instituting such proceedings;

(b) The proceedings shall not be in respect of any event which took place more than 4 years such institution;

(c) Proceedings shall be conducted by such authority and in such place or the President may direct and in accordance with rules applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Govt. servant during his service.

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Grant Of Additional Pension To The Pensioners

Grant of additional pension to the pensioners of U.T. Chandigarh – reg.

No.38/6/18-P&PW(A)

Government of India

Ministry of Personnel, PG & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi,

Dated the 18th January, 2018

OFFICE MEMORANDUM

Sub: Grant of additional pension to the pensioners of U.T. Chandigarh –reg.

I am directed to refer to your UO No. CPAO/IT & Tech/U.T. Chandigarh/50/2016-17/167 dated 14th December 2017 on the above subject and to say the in accordance with Rule-2 of CCS (Pension) Rules, these rules are applicable to Government servants appointed substantively to civil services and posts in connection with the affairs of the Union. As mentioned in your note dated 24.4.2017, the employees and pensioners of U.T. Chandigarh are governed by the rules and orders as applicable to the employees of Punjab Civil Services. However, the employees of other U.T. Administrations are governed by the rules regulating the service conditions of Central Government employees.

2. MHA, in their OM dated 24.3.1984 has also clarified that the employees of Union Territory Administration other than Chandigarh are governed by CCS (Pension) Rules, 1972 and that the pay scales and conditions of service of employees of Chandigarh Administration are not covered by the rules governing Central Government employees. Thus, there is no inconsistency in the note dated 24th March, 1984 of MHA. Therefore, there is no need for any amendment to the note of MHA.

sd/-

(S.K. Makkar)

Under Secretary to the Government of India.

Order Copy

Authority: http://cpao.nic.in/

DoPPW Orders - 7% Dearness Relief From Jan 2018

7% DR from Jan 2018 – Orders issued by DoPPW

Grant of Dearness relief to Central Government pensioners/family pensioners- Revised rate effective from 01.01.2018

No.42/06/2018-P&PW(G)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi – 110003

Dated the 22nd March,2018

OFFICE MEMORANDUM

Sub: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 01.01.2018.

The undersigned is directed to refer to this Department’s OM No. 42/15/2016-P&PW(G) dated 28.09.2017 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 5% to 7% w.e.f 01.01.2018.

2. These rates of DR will be applicable to (i) Civilian Central Government Pensioners/Family Pensioners including Central Govt. absorbee pensioners in PSU/Autonomous Bodies in respect of whom orders have been issued vide this Department’s OM No.4/34/2002-P&PW(D) Vol.II dated 23.06.2017 for restoration of full pension after expiry of commutation period of 15 years (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners/family pensioners (v) Pensioners who are in receipt of provisional pension (vi) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government Pensioners from Burma/ Pakistan, in respect of whom orders have been issued vide this Department’s OM No.23/3/2008-P&PW(B) dated 11.09.2017.

3. These orders shall not be applicable on CPF beneficiaries, their widows and eligible children who are in receipt of ex-gratia payment in terms of this Department’s OM No.45/52/97-P&PW(E) dated 16.12.1997 and revised vide this Department’s OM 1/10/2012-P&PW(E) dtd 27.06.2013.

Separate orders will be issued in respect of above category.

4. The payment of Dearness Relief involving a fraction of a rupee shall be rounded off to the next higher rupee.

5. The payment of arrears of Dearness Relief shall not be made before the date of disbursement of pension/family pension of March, 2018.

6. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45173/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F.No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension will remain unchanged.

7. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

8. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

9. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-U dated 23/0411981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

10. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with thc C&AG.

11. This issues in accordance with Ministry of Finance, Department of Expenditure’s OM No. 11/2018-E.U(B) dated 15th March,2018.

12. Hindi version will follow.

sd/-

(Charanjit Taneja)

Under Secretary to the Government of India

Order Copy

Authority: http://www.pensionersportal.gov.in/

DoPT Order - 30th Meeting of Standing Committee of Voluntary Agencies (SCOVA) under the chairmanship of honourable MOS(PP)

30th Meeting of Standing Committee of Voluntary Agencies (SCOVA) under the chairmanship of honourable MOS(PP)-reg

F.No.42/05/2018-P&PW(G)

Government of India

Ministry of Personnel, P.G and Pensions

Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-110003

Date:- 07th March, 2018

To

All Pensioners Associations included in the SCOVA vide Resolution dated 31.01.2018

Sub:- 30th Meeting of Standing Committee of Voluntary Agencies (SCOVA) under the chairmanship of Hon’ble MOS(PP)-reg

In continuation to this Department’s OM of even no. dated 01.02.2018 regarding holding of 30th meeting of Standing Committee of Voluntary Agencies(SCOVA) under the chairmanship of Hon’ble MOS(PP), the date, time and venue of the meeting is as under:-

Date and Time: 23rd March, 2018 (Friday) at 10.30 am

Venue: Committee Room-A, Vigyan Bhawan Annexe Maulana Azad Road, New Delhi 

2. Because of the constraint of the space only one representative may attend the above said meeting. It is requested that the name of the member nominated to attend the meeting may kindly

be send to the undersigned.

3. Only one outstation member will be paid TA/DA and local members will be paid conveyance charges in accordance with the rules/instructions. Outstation members will be paid TA/DA as per their last entitlement on retirement. Representatives of Pensioners Associations who are entitled for journey by air and also entitled to journey by air as per this Department’s letter no. 42111/2014-P&PW(G) dated 19.05.2014 may purchase their Air Tickets from Air India only (at Booking Counters/website of Air India) or by utilising the services of Autorised Travel Agency i.e Balmer Lawrie & Company/IRCT/M/s Ashok Travels & Tours.

4. The emphasis of the Government is for cashless transaction. Hence, it is requested to fill up the Mandate Form enclosed. The TA/DA reimbursement would be made through e-payment mode afterwards.

Encl: as above

sd/-

(Charanjit Taneja)

Under Secretary to the Government of India

Authority: http://www.pensionersportal.gov.in/

Grant of Dearness Relief To Central Government Pensioners/Family Pensioners

Grant of Dearness Relief to Central Government pensioners/family pensioners – 5% w.e.f 0l.07.2017

Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.7.2017

F.No.42/15/2016-P&PW(G)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi – 110003

Date: 28th Sept, 2017

OFFICE MEMORANDUM

Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.7.2017.

The undersigned is directed to refer to this Department’s OM No. 42/15/2016-P&PW(G) dated 07.04.2017 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 4% to 5% w.e.f 01.07.2017.

2. These rates of DR will be applicable to (i) Civilian Central Government Pensioners/Family Pensioners including Central Govt. absorbee pensioners in PSU/ Autonomous Bodies in respect of whom orders have been issued vide this Department’s OM No. 4/34/2002-P&PW(D) Vol.II dated 23.06.2017 for restoration of full pension after expiry of commutation period of 15 years (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners/family pensioners (v) Pensioners who are in receipt of provisional pension (vi) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government Pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of adhoc ex-gratia allowance in respect of whom orders have been issued vide this Department’s OM No. 23/3/2008-P&PW(B) datd 11.09.2017.

3. In partial modification of this Department OMs of even no. dated 16.12.2016 and 27.04.2017, Central Govt. absorbee pensioners in PSU/ Autonomous Bodies referred to in category (i) in para 2 and Burma Civilian pensioners/family pensioners referred to in category (vi) in para 2 above, will also be eligible for dearness relief @ 2% w.e.f 01.07.2016 and @ 4% w.e.f 01.01.2017, in terms of this Department OMs of even no dated 16.11.2016 and 07.04.2017 respectively. The dearness relief already drawn by the above pensioners in terms of OMs dated 16.11.2016 and 27.4.2017, will be adjusted from the revised dearness relief payable under these orders.

4. These orders shall not be applicable on CPF beneficiaries, their widows and eligible children who are in receipt of ex-gratia payment in terms of this Department’s OM No.45/52/97-P&PW(E) dated 16.12.1997 and revised vide this Department’s OM 1110/2012-P&PW(E) dtd 27.06.2013. Separate orders will be issued in respect of above category.

5. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.

6. Other provisions governing grant of DR in respect of employed family pensioners and reemployed Central Government Pensioners will be regulated in accordance with the provisions contained

in this Department’s OM No.45173/97-P&PW (G) dated 2.7.1999 as amended vide this Department’s OM No. F.No.38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension will remain unchanged.

7. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.

8. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.

9. The offices of Accountant General and authorised Pension Disbursing Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II dated 23/0411981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.

10. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.

11. This issues in accordance with Ministry of Finance, Department of Expenditure’s OM No.1/9/2017-E.II(B) dated 20th Sept, 2017.

12. Hindi version will follow.

sd/-

(Charanjit Taneja)

Under Secretary to the Government of India

Order Copy

Authority: http://www.pensionersportal.gov.in/

Web-based ‘Pensioners’ Portal’ Project – Release Of Grant-In Aid To Pensioners’ Associations

Web-based ‘Pensioners’ Portal’ Project – Release of Grant-in Aid to Pensioners’ Associations for implementation other objectives of the Portal

F.No.55/2312017- P&PW(C)

Government of India

Ministry of Personnel, P.G. and Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi-1I00 03

Dated: 21st September,2017

To,

The Pay & Accounts Officer,

Department of Pension & Pensioners’ Welfare,

Lok Nayak Bhavan, Khan Market,

New Delhi.

Subject: Web-based ‘Pensioners’ Portal’ Project – Release of Grant-in Aid to Pensioners’ Associations for implementation other objectives of the Portal.

Sir,

I am directed to convey the sanction of the President of India to the release of a sum of Rs.1416389/-(Rupees Fourteen Lakhs Sixteen thousand three hundred and Eighty Nine only) towards. Grant-in-Aid in favour of the following Pensioners Associations, for meeting expenditure in connection with the implementation of ‘Pensioners’ Portal’, as per the details given below:

S.N.	Name of Pensioners’ Association/Organization	Max. amount of Grant-in-aid admissible as per schme	Deduction (inadmissible) on account of unspent balance and SB Interest lying with PA as on 1.4.17 & to be carry forward to 2017-18	Actual Amount of Grant-in-aid to be released (Co. 3-4) during 2017-18	Total amount with Pensioners Asson for 2017-18
1	2	3	4	5	6
1	Indian Ex-Service League, New Delhi	75000	8140 (current account no interest)	66860	75,000
2	Kendriya Nivrutta Karmachari Mandal, Vadodara	75000	(NA+1800) =1800	73200	75000
3	Retired Railway Employee Asso., Jagadhri,Haryana	75000	(18727+861) = 19588	55412	75000
4	Central Government Pensioners Association, Kerala Thrissur	75000	(NA+2829) =2829	72171	75000
5	Central Government Pensioner Asson., Bhubaneswar	75000	(12975+710) =13685	61315	75000
6	Central Government Pensioner Association, Jaipur	75000	(NA+918) =918	74082	75000
7	Uttarpara Central Government Pensioners Asso., Hooghly	75000	(6177+1975) =8152	66848	75000
8	All India Central Government Pensioners Assp., Cuttack	75000	(6100+926) =7026	67974	75000
9	Karnataka Posts & Telecommunication Pensioners Assos., Bangalore	75000	(current account no interest	75000	75000
10	All India Central Government Pensioners Asso., Pune	75000	(3850+1224) =5074	69926	75000
11	All India Organization of Pensioners (Civil & Military) Trivandrum	75000	(NA+1187) =1187	73813	75000
12	All India Federation of Pensioners Asso., Chennai	75000	(NA+1481) =1481	73519	75000
13	Bharat Pensioner Samaj, New Delhi	75000	Current account no interest	75000	75000
14	NF Railway Pensioners Association, Guwahati	75000	(1875+966) =2841	72159	75000
15	Atomic Energy Retired Welfare Asson, Mumbai	75000	6329 current account no interest	68818	75000
16	DOS Retired Employees Association, Nagercoil	75000	6182 Current account no interest)	68818	75000
17	Tamilnadu Ex-services League, Madurari	75000	(21000+1704) =22704	52296	75000
18	National Ex-Servicemen Co-Ordination Committee, Kolkatta	75000	(5581+2464) =8045	66955	75000
19	Disabled War Veterans’ (India) Regd., Gurgaon	75000	(6425+908) =7333	67667	75000
20	Defence Pensioners Welfare Association, Allahabad	75000	(25986+2391) =28377	46623	75000
21	Forum for Excellence Former MES Officers, N Delhi	75000	(5785+1135) =6920	68080	75000
	Total		158611	1416389	1575000

2. Utilization Certificates in respect of earlier grants sanctioned to above Pensioners Associations are enclosed.

3. Details of Recurring Grant for admissible Activities:

The maximum permissible amount on the individual component eligible for sanction/reimbursement in the form of Grant-in-Aid is as follows with flexibility of 25% on higher/lower side of individual component:

(i)Telephone + Internet Connection – Up to Rs. 12,000 per annum

(ii)Stationery+ Battery replacement – Up to Rs. 19,500 per annum

(iii)Subsidy towards Rent of Building/ Water/electricity/AMC of equipment – Up to Rs. 28,500 per annum

(iv)Remuneration Payable to Data entry (Part time) per annum – Up to Rs. 15,000 per Operator

Total – Up to Rs. 75,000 per annum

4. Any other expenditure by the Pensioners’ Association on any activity/component other than those mentioned above will not admissible from the Grant-in-Aid and will be treated as an unspent amount, to be recoverable or adjusted from the future grant as the case may. In case the actual expenditure during the year on individual components is less than the permissible amount on individual components, the difference of Grant-in-Aid and the actual expenditure will be treated as unspent and will be adjusted in the next year’s grant.

5. Further, the above Grant-in-Aid is subject to maintaining a separate Bank Account for the Grant-in-aid under Pensioners’ Portal. The Grantee shall also furnish a Utilization Certificate (in the prescribed proforma) for the grant received and utilized during the year 2016-17 within six months of the close of the financial year 2017-2018 i.e. upto 31st August, 2018. Failure to do so will make the Grantee Pensioner Association liable for refund of entire Grant-in-Aid amount along with the interest.

6. The Pensioners’ Associations are required to submit a consolidated performance-cum. Achievement report immediately after utilization of this grant. The Associations are also required to prepare their Annual work Plan for the current and next financial year before they could become eligible for Grant of any further Grant-in-Aid for the next financial year.

7. The grant is further subject to the terms and conditions as indicated in the Annexure.

8. The Drawing & Disbursing Officer of the Department of Pension & Pensioners’ Welfare is authorized to draw the amount as mentioned in Col 5 of Table given in para 1 above for disbursement to the Grantee Pensioners’ Associations for transferring the amount to the Bank Accounts of respective Pensioners’ Associations.

9. The expenditure involved is debitable to Major Head “2070”- Other Administrative Services 00.800.Other Expenditure, ( Minor Head); 43-Plan Scheme of Department of Pensions and Pensioner Welfare, 43-Plan

Scheme of Pensions and Pensioner Welfare, 43. 01-Pensioners Portal; 43.01.31- Grants-in-Aid-General under Demand No. -70 Ministry of Personnel, Public Grievances & Pensions for the year 2017-18.

10. The accounts of the above Pensioners’ Associations shall be open to inspection by the sanctioning authority and the audit, both by the Comptroller and Auditor -General of the India under the provision of CAG (DPC) Act, 1971 and internal audit by the Principal Accounts Officer of the Department of Pension & Pensioners’ Welfare, whenever the organization is called upon to do so.

11. This sanction issues under financial powers delegated to the Ministries/Departments of the Government of India with the concurrence of Integrated Finance Division vide Diary No. Dir (F/P) /P 4625/1595 dated 04.09.2017.

12. The expenditure of Rs. 1416389/-(Rupees Fourteen Lakhs Sixteen thousand three hundred and Eighty Nine only) has been noted in the grant-in-aid register for the year 2017-2018.

Yours faithfully,

(A.K. Singh)

Under Secretary to the Govt. of India

Authority: http://document.ccis.nic.in/

Simplification Of Pension Procedure – Copy Of PPO At The Time Of Retirement

Simplification of Pension Procedure – Copy of PPO at the time of Retirement

Simplification of pension procedure (i) Handing over of PPO to the retiring employee by the Head of Office before retirement and (ii) Submission of undertaking by retiring Government servant along with pension papers

No.1/27/2011-P&PW (E)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi,

the 1st August, 2017

Office Memorandum

Sub: Simplification of pension procedure (i) Handing over of PPO to the retiring employee by the Head of Office before retirement and (ii) Submission of undertaking by retiring Government servant along with pension papers – reg.

The undersigned is directed to invite attention to this department’s Office Memorandum of even number, dated 7th May, 2014 (copy available at departmental website), vide which provision had been made that the undertaking to be submitted by the retiring Government servant/pensioner to the pension disbursing bank to refund or make good any amount to which he is not entitled may be obtained by the Head of Office from the retiring Government servant along with Form 5 and other documents before his retirement. This undertaking is forwarded to the pension disbursing bank along with the Pension Payment Order (PPO) by the Accounts Officer/CPAO following the usual procedure. The bank shall credit the pension to the account of the pensioner as soon as this Undertaking is received along with the pension documents.

2. The pensioner is no longer required to visit the bank to activate the first payment of pension. Therefore, after ascertaining that the Bank’s copy has been despatched by the Central Pension Accounting Office, the pensioner’s copy of the PPO is to be handed over to him at the time of retirement along with other retirement dues. This should be feasible in all cases where the Government servant had submitted pension papers within the time-limits prescribed in the Central Civil Services (Pension) Rules, 1972.

3. An employee posted at a location away from the office of the Head of Office or who for any other reasons feels that it would be more convenient to him to obtain his copy of PPO from the bank, may inform the Head of Office of his option in writing while submitting his pension papers.

4. However, in the recent past, many instances have come to the notice of this Department wherein the pensioner’s copy of the PPO had not been handed over to him/her and instead had been sent to the Bank and the same was lost in transit sometimes thereby causing hardship to the pensioner.

5. In view of the foregoing, all Ministries/Departments are once again requested to strictly follow the above procedure henceforth viz., handing over the copy of pensioner PPO to him/her at the time of retirement along with other retirement dues except if the pensioner specifically requests for delivering his/her copy of PPO through bank. Department of Posts and Department of Telecommunications are requested to make suitable amendments to the instructions to the Accounts Officers and pension disbursing Post Offices/Banks to adhere to the above procedure.

sd/-

(D.K. Solanki)

Under Secretary to the Government of India

Original Order

Authority: www.pensionersportal.gov.in

Eligibility Of Divorced Daughters For Grant Of Family Pension

Grant of Family Pension to widowed/divorced daughter

Eligibility of divorced daughters for grant of family pension – clarification regarding.

No.1/13/09-P&PW (E)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi,

19th July, 2017.

OFFICE MEMORANDUM

Sub: Eligibility of divorced daughters for grant of family pension – clarification regarding.

Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972.

2. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years.

3. It was clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her turn provided he/she is still eligible for family pension when the turn comes.

4. It was clarified that a daughter if eligible, as explained in the preceding paragraph, may be granted family pension provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and still on the date her turn to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents.

5. This department has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both of them but none of them was alive by the time the decree of divorce was granted by the competent authority.

6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life-time of the employee/pensioner or his/her spouse but divorce took place after their death – provided the claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.

7. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID No. 1(11)/EV/2017, dated 7th July, 2017.

sd/-

(D.K. Solanki)

Under Secretary to the Government of India

Original Order

Authority: http://www.pensionersportal.gov.in/

Restoration Of Full Pension Of Absorbee Pensioners

Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010

F.No.4/34/2002-P&PW(D).Vol.II

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi

Dated : 23rd June, 2017

Office Memorandum

Subject: Restoration of full pension of absorbee pensioners in view of the order dated 01.09.2016 of Hon’ble Supreme Court in Civil Appeal No. 6048/2010 and Civil Appeal No. 6371/2010.

The undersigned is directed to say that in accordance with the instructions which existed before 31.03.1995, a Government servant, on absorption in a Public Sector Undertaking or an Autonomous Body, had the option to draw pro-rata gratuity and a lump sum amount in lieu of pension. The option regarding payment of lump sum amount in lieu of monthly pension on absorption in a PSU or autonomous body was available in terms of the instructions issued vide Department of Expenditure’s O.M. No.26(18)-E.V(B)/75 dated 08.04.1976, Department of Personnel & Training’s O.M. No.28016/5/85-Estt.(C) dated 31.01.1986 and Department of Pension & Pensioners’ Welfare’ O.M. No.4(12)/85-P&PW dated 31.03.1987. This option was also available to Government employees on absorption in PSUs/autonomous bodies of the State Governments and Joint Sector undertakings in terms of this Department’s O.M. No.4/43/88-P&PW(D) dated 16.10.1989. The terms and conditions for absorption of Government employees consequent on conversion of a Government Department into a PSU or autonomous body issued vide this Department’s O.M. No.4/18/87-P&PW(D) dated 5.7.1989 also provided for a similar option of lump sum payment in lieu of monthly pension.

2. In accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972, incorporated vide Department of Expenditure’s Notification No.44(1)-E.V./71 dated 09.04.1973, on exercise of the above option, an employee was entitled to a lump sum amount not exceeding the commuted value of one-third of the pension and terminal benefit equal to twice the aforesaid lump-sum amount, subject to the condition that the Government servant surrendered his right of drawing two-thirds of his pension.

3. The option to draw a lump sum amount in lieu of pension was withdrawn vide this Department’s O.M. No. 4/42/91-P&PW(D) dated 31st March, 1995. Accordingly, the erstwhile Rule 37-A was omitted from the CCS(Pension) Rules, 1972 vide Notification No. 4/42/91-P&PW(D) dated 25.06.1997.

4. In implementation of the Order dated 15.12.1995 of Hon’ble Supreme Court in WP(C) No. 11855/85, instructions were issued vide this Department’s O.M. No. 4/3/86-P&PW(D) dated 30.09.1996 for restoration of one-third commuted portion of pension of Government servants who had drawn lump sum payment on absorption in a PSU/autonomous body. Further instructions were issued, from time to time, for computation and revision of the one-third restored pension of such absorbee pensioners and for payment of the attendant benefits like dearness relief, etc. to such absorbee pensioners. Orders for revision of the one-third restored pension w.e.f. 01.01.2006 of such absorbee pensioners were issued vide this Department’s O.M. No4/38/2008- P&PW(D) dated 15/09/2008, O.M. No.4/30/2010-P&PW(D) dated 11/07/2013. and O.M. No.4/38/2008-P&PW(D) dated 04/08/2016. These absorbee pensioners were, however, entitled to dearness relief and age-related additional pension based on the notional full pension.

5. Hon’ble High Court of Judicature of Madras, in its judgement dated 02-08­2007 in Writ Petition No.22207/2002 filed by one Sh. K. Ganesan, an officer in the office of Controller General of Accounts, held that surrendering of the right for drawal of 2/3rd of Pension after its commutation, as provided under Rule 37-A (b), was repugnant to Section 12 of the Pensions Act, 1871 and that the petitioner was lawfully entitled for the restoration of his pension after the expiry of the period of commutation of 2/3rd Hon’ble High Court, accordingly, directed restoration of 2/3rd pension and payment of arrears accordingly.

6. An SLP(Civil) No.4054/2008 (converted into Civil Appeal No. 6048/2010) was filed by the Union of India challenging the aforesaid order dated 02-08-2007 of Hon’ble High Court of Judicature of Madras. In its order dated 1.9.2016, Hon’ble Supreme Court found no justification to interfere with the order dated 02.08.2007 of Hon’ble High Court directing restoration of 2/3rd pension in respect of the respondent (Shri K. Ganesan), after the expiry of the requisite period of commutation. The Civil Appeal No. 6048/2010 was accordingly dismissed by Hon’ble Supreme Court. In the said judgement dated 1.9.2016, similar direction was passed by Hon’ble Supreme Court in the Civil Appeal No. 6371/2010 for restoration of 2/3rd pension in respect of the petitioners, Shri K.L. Dhall, an absorbed employee of Ministry of Civil Aviation and member pensioners of Welfare Association of Central Government Officers, CAD Absorbed in PSU.

7. Review Petitions No. 465/2017 and No. 472/2017 were filed by Union of India in the Supreme Court against the aforesaid order dated 1.9.2016. Instructions were separately issued to the office of Controller General of Accounts and the Ministry of Civil Aviation vide OM No.4/34/2002-P&PW(D).Vol.II dated 21-12­2016 and OM No. 4/34/2002-P&PW(D).Vol.II dated 21-12-2016 respectively, for implementation of the orders of Hon’ble Supreme Court in respect of the petitioner/respondent pensioners in the aforesaid Civil Appeals, subject to the final outcome of the Review Petitions. The aforesaid Review Petitions No. 465/2017 and 472/2017 have been dismissed by Hon’ble Supreme Court on 22.03.2017.

8. The matter has been examined in consultation with the Department of Legal Affairs and the Ministry of Finance (Department of Expenditure). It has been decided to extend the benefit of order dated 02-08-2007 of the Hon’ble Madras High Court and the Order dated 01-09-2016 of the Hon’ble Supreme Court to all similarly placed absorbee pensioners. Accordingly, all such absorbee petitioners who had taken 100% lump-sum amount in lieu of pension on absorption in PSUs/Autonomous Bodies in accordance with the then existing Rule 37-A and in whose case 1/3 pension had been restored after 15 years, may be allowed restoration of full pension after expiry of commutation period of 15 years from the date of payment of 100% lump-sum amount.

9. The absorbee pensioners whose full pension is restored in terms of the above instructions would also be entitled to revision of their pension in accordance with the instructions issued from time to time in implementation of the recommendations of the Pay Commissions, including the 7th Central Pay Commission.

10. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

11. Ministry of Agriculture etc. are requested to bring the contents of these Orders to the notice of Controller of Accounts/Pay & Accounts Officers and Attached & subordinate Offices under them on a top priority basis and for taking necessary action for implementation of the above instructions. All pension disbursing offices are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

12. This issues with the approval of Ministry of Finance (Department of Expenditure) vide their ID Note No.1(11)/EV/2017 dated 26-05-2017 and dated 13-6­-2017.

13. Hindi version will follow.

sd/-

(Harjit Singh)

Director

Authority: http://www.pensionersportal.gov.in/

Implementation Of Revision of Pension under 7th CPC Pre-2016 cases – CPAO Orders

Revision of Pension under 7th CPC Pre-2016 cases – CPAO Orders

“Revision of pension under 7th CPC pre-2016 cases has been slightly modified as per annexure”

CPAO/IT&Tech/Revision (7th CPC)19.Vol-III/2016-17/50

14.06.2017

Office Memorandum

Subject:- Implementation of Revision of Pension of Pre 1.1.2016 Pensioners/Family Pensioners in pursuance to DP&PW OM 38/37/2016-P&PW (A) dated 12th May 2017 and Ministry of Finance (Deptt. of Expenditure) OM No.l(13)/EV/20l7 dated 23rd May 20l7.

The format of revision of pension as mentioned under Para 4 (iii) of OM No. CPAO/IT&Tech/Revision (7th CPC)19 (Vol-III)/2016-17/37 dated-25.05.2017 on the subject cited

above and annexed thereto for revision of pension under 7th CPC pre-2016 cases has been slightly modified as per annexure.

The enclosed format shall be used both for the electronic revision of pension through erevision utility of CPAO and in case of manual revision for sending the paper based revision authorities by PAOs to CPAO.

This issues with the approval of the competent authority.

Encl- As above

sd/-

(Krishna Sharma)

Sro Accounts Offlcer(IT&Tech)

Authority: www.cpao.nic.in

Pre - 2016 Retirees Pension Calculation Of 7th CPC

7th CPC Pension Calculation for Pre-2016 Pensioners – KarnatakaCOC

What the above decision means for pre-2016 retirees?

Modification made appears fixing the pay of pre 2016 retirees notionally in revised pay matrix and then fixing pension at 50% of pay. If the pension so fixed is more than the pension fixed with fitment formula of 2.57 then pension will be revised otherwise no change. It is presumed that option will be given to pensioners. For arriving at pay in revised matrix of 7 CPC for those who retired prior to 1-1-1996 notionally there pay will be fixed under V CPC scales and VI CPC Pay structure. Similarly for those who retired prior to 2006 it will be notionally fixed in VI CPC Pay structure and then in 7 CPC matrix. The pay for this purpose is pay last drawn as recorded in their PPO. For the information of readers fixation formula under V CPC, VI CPC and VII CPC rules is given below:

1	Basic pay as on 1-1-1996	xxx
2	DA appropriate to basic pay at 1510 pts	Xxx
3	I IR	100
4	2nd IR 10% of BP subject to minimum of Rs.100	Xxx
5	40% of BP	Xxx
6	Total	xxx

V CPC:

For pay range upto Rs.3500pm	148% of pay
For pay range above Rs.35oo and upto 6000 pm	111% of pay subject to a minmum of Rs.5180 pm
For pay range above Rs.6000 pm	96% of pay subject to minimum of Rs.6660 pm

Pay in the revised scales to be fixed at the stage next above the total even if there is stage equal to the total.

Rates of DA as on 1-1-1996

VI CPC

1	Existing pay scale	x
2	Applicable pay band and grade pay	a+b
3	Basic pay as on 1-1-2006	xxx
4	Pay after multiplication of BP by a factor 1.86 rounded off to next multiple of 10	Xxx
5	Pay in the pay band	Xxx
6	Grade Pay applicable to the post	b
7	Revised basic pay is pay in the pay band and grade pay.	Xxx +b

VII CPC

1	Existing Pay Band	a
2	Existing Grade Pay	a+b
3	Basic pay as on 1-1-2016	Xxx+b
4	Level corresponding to GP	C
5	Pay after multiplication of BP by a fitment factor of 2.57	Xxx
6	Revised Pay in Pay Matrix (either equal to or next higherCell	Xxx

Illustration:

‘X retired on 31-1-1992 and pay was Rs. 2900 in the scale 1640-2900llustration:

‘X retired on 31-1-1992 and pay was Rs. 2900 in the s
1. His notional pay under 5 CPC scale of 6500-10600 is Rs.8900;
2. His notional pay under 6 CPC (PB2 +GP 4200) is Rs.20760;
3. His notional pay under 7 CPC (Level 6) is Rs.53600;
4. Pension fixed on 1-1-2016 with a fitment formula of 2.57 is Rs.25847;
5. Pension as per cabinet deciscion 50% of notional pay as per 7 CPC is Rs 26800.

Note: The above example is only an illustration.

The pension fixation may vary from case to case. Final calculation has to be made as per the Government orders.

Source: http://karnatakacoc.blogspot.in/