FREQUENTLY ASKED QUESTIONS (FAQs)

ON PENSION AND FAMILY PENSION ENTITLEMENTS

for SUPERANNUATING OFFICERS

[Reference CCS (Pension) Rules, 1972,

Swamy's Publication, 2010 edition]

Q.1.

Under the provisions of which rules, DAD officers/staff draw their pensionary benefits including Family Pension?

A.1.

DAD officers and staff, being Civilian Government Servants in the Defence Services appointed substantively by to civil services and posts on or before31.12.2003 in connection with the affairs of the union which are borne on pensionable establishments, draw their pensionary benefits including Family Pension under CCS(Pension) Rules, 1972.

Auth.

Rule 1, 2 and Rule 3(i)(d) of CCS (Pension) Rules, 1972.

Q.2.

To whom CCS (Pension) Rules, 1972 applies?

A.2.

CCS(Pension) Rules, 1972 is applicable to :

Government servants appointed on or before the 31st day of December, 2003 including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to-

a) Railway servants;

b) Pensions in casual and daily-rated employment;

c) Persons paid from contingencies;

d) Persons entitled to the benefits of a Contributory Provident Fund;

e) Members of the All India Services;

f) Persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries;

g) Persons employed on contract except when the contract provides otherwise; and

h) Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

Auth.

Rule 2 CCS (Pension) Rules, 1972.

Q.3.

How 'Average Emoluments' are determined?

A.3.

Average emoluments shall be determined with reference to the emoluments drawn by a Government servant during the last ten (10) months of his service.

Auth.

Rule 3(1)(b) and Rule 34 of CCS (Pension) Rules, 1972.

Q.4.

What is Family Pension?

A.4.

Family Pension is an amount determined in accordance with the provisions of Rule 54(2) and 54(3) read with DoP & PW OM no. F. No. 38/37/08 P & PW(A) dated 2.9.2008 to the family of the deceased under Family Pension, 1964 as categorised vide above DoP & PW OM letter, where a Govt. Servant dies after one year of continuous service or was medically examined and declared fit prior to his appointment as Government servant where the death occurs before completion of one years of service or after retirement from service and is in receipt of pension or compassionate allowance, save pension referred in Rule 37.

Auth.

Rule 3(1)(f) and Rule 54 CCS (Pension) Rules, 1972.

Q.5.

What is meant by the term 'Child', 'Qualifying Service', 'Pension', 'Retirement Benefits' 'Gratuity', 'Emoluments' and 'Pension Disbursing Authority' in the context of regulating the Pension?

A.5.

Child - Child means a child of the Government servant who, if a son, is under twenty five years of age and if a daughter, is unmarried and is under twenty five years of age and the expression children shall be construed accordingly.

Qualifying service - Qualifying Service means service rendered while on duty or otherwise which shall be taken into account for the purpose of pensions and gratuities admissible under these rules.

Pension - includes gratuity except when the term pension is used in contradistinction to gratuity, but does not include dearness relief.

Retirement Benefits - includes pension or service gratuity, and retirement gratuity, where admissible.

Gratuity Gratuity includes -

(i) Service Gratuity payable under sub-rule (1) of Rule 49;

(ii) retirement gratuity/death gratuity payable under sub-rule (1) of Rule 50; and

(iii) retirement gratuity payable under sub-rule (2) of Rule 50;

Auth.

Rule 3(1) CCS (Pension) Rules, 1972

Q.6.

Whether Family Pension is payable to post retiral spouse and child(ren) after retirement (i.e. marriage or remarriage by pensioner after retirement and child(ren) born after retirement)?

A.6.

Yes. Family Pension is payable to post-retiral spouse and children born after retirement also.

Auth.

Rule 54(14)(b) read with G.I.D. 16 CCS (Pension) Rules, 1972

Q.7.

Can pension or part thereof be withheld if pensioner is convicted of a Serious crime or is found guilty of grave misconduct or order recovery of any pecuniary loss caused to Govt.?

A.7.

i) Future good conduct shall be an implied condition of every grant of pension and its continuance.

ii) The Appointing Authority is empowered to order withdrawal or withholding whole or part of the pension where a pensioner is convicted of a serious crime or is found guilty of grave misconduct. Appeal against such order shall lie to the President who shall pass necessary order in consultation with the UPSC.

iii) President, in consultation with UPSC reserves to himself the right of withholding or withdrawing a pension or gratuity or both either in full or in part whether permanently or for a specified period and ordering recovery from a pension or gratuity of the whole or part of any pensionary loss caused to Government where the pensioner is found guilty of grave misconduct or negligence through any departmental or judicial proceedings.

iv) The pension shall not be reduced below the minimum amount of Rs. 3500/- where a part of the pension is ordered withheld or withdrawn.

Auth.

Rule8,9, CCS (Pension) Rules, 1972

Q.8.

When the age of superannuation attained?

A.8.

A Government servant attains the age of superannuation with effect from the afternoon of the last day of the month in which he attains the age of sixty years entitling him to the grant of superannuation pension. One whose date of birth is the first of a month shall, however, retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.

Auth.

Rule 35, [GID (I)] CCS (Pension) Rules, 1972 & FR-56

Q.9.

Can a Pensioner accept commercial employment within one year of retirement?

A.9.

Pensioner who, immediately before his retirement, was a member of central service Group 'A' can accept commercial employment before expiring of one year from the date of his retirement with the previous sanction of the Government to such acceptance by submitting an application in Form 25.

Auth.

Rule 10 CCS (Pension) Rules, 1972

Q.10.

What are the conditions for counting service as qualifying service?

A.10.

Service rendered from the date of taking over the charge of the post to which appointed either in substantive, officiating or temporary capacity reckons as a qualifying service, provided the officiating or temporary service is followed without interruption by substantive appointment in the same or another service or post. Service rendered after attaining the age eighteen years shall only count, except for compensation gratuity. Services rendered in a non-pensionable establishment shall not count unless treated as qualifying service by that Government. Services as an SAS apprentice in the IA and AD or DAD shall also qualify. Pre-retirement civil service in the case of reemployed Government servants and military service rendered before civil employment shall also count as qualifying service is terms of and subject to Rules 18 and 19 which inter alia dis-entitles one from drawing his pension granted for former service as well as requires him to refund pension already drawn, commuted value of pension and retirement/service gratuity received.

Auth.

Rule 13,14, 16, 18 and 19 CCS (Pension) Rules, 1972

Q.11.

Can pre-retirement Civil Service and Military Service can be reckoned (counted) in case of re-employed Govt. Servants?

A.11.

Yes. See answer against Q. 10 above also.

Auth.

Rule 18, 19 CCS (Pension) Rules, 1972

Q.12.

Whether Pension or Service Gratuity is payable for a Govt. Servant retiring (superannuating) after putting in 9 years and 9 months of Qualifying Service?

A.12.

Govt. servant, in the instant case, is eligible for pension as he has put in 10 years of qualifying service, the period of 9 year and 9 months being reckoned as 10 years of qualifying service. The period of three months and above but less than six months will be treated as a completed one-half year and reckoned as qualifying service for determining pension. The period of nine months would, therefore, be two-half years.

Auth.

Rule 49 CCS (Pension) Rules, 1972 and GID (2) under Rule 49 of CCS(P) Rules 1972

Q.13.

Whether a Govt. Servant completing 4 years and 6 months of Qualifying Service is eligible for payment of Retirement Gratuity?

A.13.

Retirement Gratuity is granted to a govt. servant who has retired after completing 5 years of qualifying service (QS) and has become eligible for service gratuity or pension under Rule 49. In the instant case the QS is 4 year and 6 month only i.e. below 5 years. Hence, no retirement gratuity is payable in the instant case.

Auth.

Rule 50, CCS (Pension) Rules, 1972

Q.14.

Whether additional Pension or additional Family Pension is payable to old pensioners?

 

A.14. Yes. Additional Pension/Additional Family Pension is payable to old pensioner from 1.1.2006 as per table below :

Age of Pensioner/Family Pensioner

Additional quantum of Pension/ Family Pension

From 80 years to less than 85 years

20% of basic family pension

From 85 years to less than 90 years

30% of basic family pension

From 90 years to less than 95 years

40% of basic family pension

From 95 years to less than 100 years

50% of basic family pension

100 years or more

100% of basic family pension

 

Q.15.

Whom Govt. Servant can nominate conferring the right to receive Death cum Retirement Gratuity in the event of his death, (i) when he has a family? and (ii) when he has no family?

A.15.

Details of family- As soon as a person enters Government service, he shall give details of his family in Form No. 1 to the Head of office. If he has no family, he shall furnish the details as soon as he acquires a family. Any change in the size of the family should be communicated to the Head of office promptly.- Rule 54(12).

Nomination for gratuity- A government servant shall, on his confirmation in service, make a nomination in the prescribed form as may be applicable to him conferring on one or more persons the right to receive the retirement gratuity/death gratuity payable to him. If at the time of making the nomination, the government servant has a family, the nomination shall be in respect of a member or members of the family only. If the nomination is in favour of more than one person, he has to indicate the share payable to each of the nominee so as to cover the entire amount of gratuity.

The nomination once made can be modified or revised at any time by sending a notice in writing to the Head of Office.

Auth.

Rule 53, CCS (Pension) Rules, 1972

Q.16.

How is the term 'Family' categorised for the purpose of grant of Family Pension?

A.16.

For the purpose of Grant of Family Pension, the 'Family' shall be categorised as under:

 

Category-I

  1. Widow or widower, up to the date of death or re-marriage, whichever is earlier;
  2. Son/daughter( including widowed daughter), up to the date of his/her marriage/remarriage or till the date he/she starts earning or till the age of 25 years, whichever is the earliest.

    Category-II

  3. Unmarried/widowed/Divorced daughter, not covered by Category-I above, up to the date of remarriage or till the date she starts earning or up to the date of death, whichever is earliest.

Parents who were wholly dependent on the Government servant when he/she was alive, provided the deceased employee had left behind neither a widow nor a child.

Family pension to dependent parents unmarried/divorced/widowed daughter will continue till the date of death.

Family pension to unmarried/widowed/divorced daughters in Category II and dependent parents shall be payable only after the other eligible family members in Category I have ceased to be eligible to receive family pension and there is no disabled child to receive the family pension. Grant of family pension to children in respective categories shall be payable in order of their date of birth and younger of the will not be eligible for family pension unless the next above him/her has become ineligible for grant of family pension in that category.

Income Criteria

The dependency criteria for the purpose of family pension shall be the minimum family pension along with dearness relief thereon.

Auth.

GID (23) under Rule 54, CCS (P) 1972 [Dept. of Pension and Family Welfare No. 38/37/08-P&PW(A) dated 2.9.08 (Paras 8.1 to 8.6)] CCS (Pension Rules) 1972

Q.17.

What is the minimum and maximum amount of Pension payable?

A.17.

Once a government servant has rendered the minimum qualifying service of 20 years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him. The amount of pension shall be subject to a minimum of Rs. 3500/- and maximum upto 50% of highest pay in government viz. Rs. 45,000/- (The highest pay in the Govt. is Rs. 90,000/- since 1.1.2006).

Auth.

Rule 49 read with GID(4) of CCS (Pension) Rules, 1972.

Q.18.

What is the minimum, enhanced amount and maximum amount of Family Pension Payable?

A.18.

Family Pension Payable is as under:

(a) Minimum Payable - 30% of Basic Pay Subject to or minimum of Rs. 3,500/- p.m.

(b) Maximum Payable 30% of highest Basic Pay in the Govt. viz. Rs. 27,000/-(Highest Basic Pay in Govt. is Rs. 90,000/- since 1.1.2006).

(c) (i) Enhanced Family Pension is payable when Govt. Servant not governed by the workmen's compensation Act, 1923 (WC Act) dies while in service after having rendered not less than seven years continuous service @ 50% of pay last drawn or twice the family pension admissible under Rule 54(2)[see (a) above] whichever is less and payable from the date following the date of death of the govt. servant for a period of 10 years without any upper age limit.

Note: in case of govt. servant governed by the WC Act, the enhanced family pension payable shall be 50% of pay last drawn or one and half times the family pension admissible under Rule 54(2)[See (a) above] whichever is less.

(c) (ii) In case of death of a pensioner, Family Pension shall be payable at enhanced rate as stated above for a period of seven years or for a period upto the date on which the retired deceased government servant would have attained the age of 67 years had he survived, whichever is less.

Auth.

Rule 54(2) read with GID(23), CCS Pension Rules, 1972.

Q.19.

What is the Quantum of Retirement Gratuity payable?

A.19.

Retirement gratuity is payable equal to one fourth of basic pay plus DA admissible [see GID(4) below Rule 33] for each completed six monthly period of qualifying service , subject to a maximum of 16 times the emoluments.

Auth.

Rule 50(1)(a) CCS Pension Rules, 1972.

Q.20.

What is the maximum amount of Gratuity Payable?

A.20.

The maximum limit of all kinds of gratuity shall be Rs. 10 lakhs.

Auth.

Rule 50(1)(b), 1st proviso read with GID (8) CCS Pension Rules, 1972.

Q.21.

Whether Gratuity paid is exempted from Income Tax?

A.21.

Death/Retirement Gratuity paid under CCS(Pension) Rule, 1972 is exempted from Income tax.

Auth.

Rule 50, GID (3) of CCS (Pension) Rules, 1972 and Section 10(10)(i) of the Income Tax, 1961

Q.22.

Whether the commuted portion of pension restorable?

A.22.

Yes. Central Government pensioner who have commuted a portion of their pension and on 1.4.1985 or thereafter have completed or will complete 15 years from their respective dates of retirement or commutation, will have their commuted portion of pension restored.

Auth.

Appendix I, Rule 10, D(2)(3) and 3(A), CCS (Commutation of Pension) Rules, 1981.

Q.23.

Whether the commuted value of Pension (CVP) paid is exempted from Income Tax?

A.23.

Yes. Exempted.

Auth.

Section 10 (10A) of Income Tax Act, 1961

Q.24.

Whether any portion of Gratuity can be withheld and if so, the quantum and period? Whether any interest is payable on the amount so withheld?

A.24.

(i) 10% of gratuity can be withheld as security against Govt. dues on account of LF dues, damages for occupying govt. accommodation beyond permissible period after the date of retirement of allottee, damages caused to govt. accommodation, other RDR dues, govt dues on account of over issue of pay and allowances etc. (Rule 71 refers)

(ii) The withheld amount of gratuity is refundable after a period of six months after the date of retirement, once the provisional. PPO is treated as Final, obviously after adjusting Govt. dues, if any, out of the gratuity so withheld.

Auth.

Rule 64(4)(a)(ii), 5, 6(a), 7, 8 ; Rule 72(5)(6)(7)(8) read with Ministry of Pers. PG and Pension (Deptt. of Pen and PW) OM No.F.No.20/16/1998-P&PW (F) dated 07.4.2010 [S.O. 829 (E), Gazette notification dated 12.4.2010..

 

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