Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
PENSION POLICY :
(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 With held 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.
(1.7) When are departmental or judicial proceeding deemed to be instituted?
(a)Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or is the Government servant has been placed under suspension from an earlier dated, on such date;
(b)Judicial proceedings shall be deemed to be instituted-
(i)In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes contingence, is made, and
(ii)In the case of civil proceedings, on the date the plaint is presented in the court.
(1.8) Can the pension/gratuity be withheld on conclusion of departmental/judicial proceedings?
The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement. Power to withhold/withdraw pension/gratuity is with President and UPSC is required to the consulted before any final orders are passed.
(1.9) Which pay is reckoned as emoluments for pension and gratuity?
The basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments for pension. However, Non- Practicing Allowance granted to Medical Officers is also included in emoluments. For the purpose of Retirement/ Death gratuity, Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.
(1.10) Which pay is reckoned as emoluments for pension if the Government servant is on leave, suspension or deputation at the time of retirement?
(a)If a Government servant immediately before his retirement or death while in service had been absent from duty on leave for which leave salary is payable or having been suspended had been reinstated without forfeiture of service, the emoluments which he would have drawn had he not been absent from duty or suspended shall be the emoluments for the purposes of this rule. However, increase in pay (other than the increment) which is not actually drawn shall not form part of his emoluments.
(b)If a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purposes of this rule.
(c)If a Government servant immediately before his retirement of death while in service, was on earned leave, and earned an increment which was not withheld, such increment, though not actually drawn, shall form part of his emoluments. However, such increment should have been earned during the currency of the earned leave not exceeding one hundred and twenty days, or during the first one hundred and twenty days of earned leave where such leave was for more than one hundred and twenty days.
(d)Pay drawn by a Government servant while on foreign service shall not be treated as emoluments, but the pay which he would have drawn under the Government had he not been on foreign service shall alone be treated as emoluments.
(1.11) Can a pension be withheld/withdrawn on grounds of misconduct after retirement?
Future good conduct is the implied condition for grant/continuance of pension. The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.
(1.12) Can a pension, once authorized, be revised to the disadvantage of pensioner on grounds other than misconduct under Rule 8 and 9.
Except under Rule 8 and 9, pension once authorized after final assessment shall not be revised to the disadvantage of the Government servant, unless such revision becomes necessary on account of detection of a clerical error subsequently. No revision of pension to the disadvantage of the pensioner shall be ordered by the Head of Office without the concurrence of the Department of Pension and Pensioners’ Welfare if the clerical error is detected after a period of two years from the date of authorization of pension. The question whether it is a case of clerical error or not would be decided by the administrative Ministry.
(1.13) What is the formula for revision of pension of pre-2006 pensioner/family pensioner?
In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006-P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired. The minimum of pay is the pay band/pay scale is to be reckoned in accordance with DoPPW OM No. 38/37/08-P&PW dated 30.07.2015.
(1.14) Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW (A) dated 28.1.2013 (now OM dated 30.07.2015)?
There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit mentioned in the OM dated 28.01.2013 and 30.07.2015. In the case of family pensioner also the minimum family pension as mentioned in Co1.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid.
(1.15) What is the amount of minimum and maximum pension after Sixth CPC?
The pension shall not be less than Rs.3500/- and shall not be more than 50% of the highest pay in Government i.e Rs 45,000/-.
(1.16) From where can we download the pension /nomination Forms ?
All forms are available at the website of Department of Pension & Pensioners Welfare.
(1.17) When can a Government servant apply for voluntary retirement?
Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for voluntary retirement after completion of qualifying service of 20 years. Under FR 56 (k) he can apply for voluntary retirement an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).
(1.18) Whether older pensioners will get higher rate of pension?
Yes, from 1.1.2006, the quantum of pension/family pension available to old pensioners/family pensioners has been increased as follows:- 0.M.No. 38/37/08- P&PW(A) dated 2.9.2008
(1.19) Is additional pension admissible to old family pensioners also?
Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.
(1.20) Whether the provision of added years in qualifying service for computation of pension is still in force?
The benefit of added years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.
(1.21) Whether the provision of added years in qualifying service has been withdrawn for calculating gratuity also?
Yes, w.e.f. 01.01.2006.
(1.22) Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?
The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.
See also:
Last updated/Reviewed: 04.11.2013
PENSION POLICY :
A.1 Which rules govern Civil Pension?
Central Civil Services (Pension) Rules,1972.
A.2 What is the formula for pension revision for pre-2006
pensioner/family pensioner?
In terms of para 4.1 of
OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension
will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing
pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness
Relief @24% of basic Pension/Basic Family Pension plus dearness pension as
admissible vide
OM No.42/2/2006– P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired.
A.3 Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners’ Welfare O.M. NO.38/37/08- P&PW(A) dated 28.1.2013?
In the O.M. dated 28.1.2013, the minimum pension of pre-2006 retirees in the respective pre-1996/pre-2006 pay scale has been revised with effect from 24.9.2012. This minimum pension shall be applicable in case retirement was after qualifying service of thirty-three years. In case qualifying service was less than thirty-three years, the amount of this minimum pension shall be reduced proportionately. There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit.
In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid
A.4 What happens in case there is no change in pension under OM dated 28.1.2013?
Even where there is no change in pension/family pension as a result of the issue of OM dated 28.1.2013, a revised authority for no change will be issued by the PAOs.
A.5 Who is to be approached for revision of pension/family pension in terms of O.M. dated 28.1.2013.
For revision of pension in terms of orders dated 28.1.2013, in cases where revision has already been done by PAOs consequent to 6th CPC, the revision may be affected at the level of PAOs. A copy of the revised authority may be sent to Head of Department (HOD)/Drawing & Disbursing Officer (DDO) for record. In cases where no revision has been effected, Head of Offices may follow normal procedure for revision of pension/family pension.
A.6 What is the amount of minimum and maximum pension after Sixth CPC?
The pension shall not be less than Rs.3500/- and shall not be more than 50% of the highest pay in Government.
A.7 Is Personal Pension discontinued with effect from 1.1.1996 ?
Yes.
A.8 When can pension be withheld or withdrawn?
Under Rule 8 of CCS (Pension) Rule, Future good conduct is an implied condition of every grant of pension and its continuance under the CCS (Pension) Rules, 1972. The pension or a part thereof can be withheld or withdrawn in such cases where a pensioner is convicted of a serious crime or found guilty of a serious or a grave act of misconduct/negligence after retirement, or during the period of service, including the service rendered upon re-employment after retirement. Under Rule 9, the President reserves the right of withdrawing pension/gratuity in full or in part or for ordering recovery from pension or gratuity or any pecuniary loss caused to the Govt., if, in any departmental/judicial proceedings, if the pensioner is found guilty of grave misconduct/negligence during the period of service, including service rendered upon re-employment after retirement.
A.9 From where can we download the pension /nomination Forms ?
All forms are available at the website of Department of Pension & Pensioners Welfare.
A.10 When can a Government servant apply for voluntary retirement?
Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for VR after completion of qualifying service of 20 years. Under FR 56(k) he can apply for VR an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).
A.11 Whether older pensioners will get higher rate of pension?
| Age of pensioner/family pensioner |
Additional quantum of pension |
| From 80 years to less than 85 years |
20% of revised basic pension/family pension |
| From 85 years to less than 90 years |
30% of revised basic pension/family pension |
| From 90 years to less than 95 years |
40% of revised basic pension/family pension |
| From 95 years to less than 100 years |
50% of revised basic pension/family pension |
| 100 years or more |
100% of revised basic pension/family pension |
A.12 Is additional pension admissible to old family pensioners?
Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.
A.13 Whether the provision of adding years in qualifying service for computation of pension is still in force?
The benefit of adding years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.
A.14 Whether the provision of adding years in qualifying service has been withdrawn for calculating gratuity also?
Yes, w.e.f. 01.01.2006.
A.15 Whether in the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500/- will apply to the total of all pensions taken together?
It was clarified in Deptt. of Pension & PW’s
OM No.38/38/02-P&PW(A) dated 23.4.2003 that in respect of civil and military pension, the floor ceiling taking the two pensions together will not apply and the individual pensions will be governed by respective pension rules. These instructions would continue to apply in the context of revised floor ceiling of Rs.3500/-p.m. Accordingly, the floor ceiling will apply individually in the civil and military pension. In case, a person is in receipt of pension as well as family pension, the floor ceiling of Rs.3500 will apply individually to such pension and family pension.
A.16 Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?
The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.
A.17 Whether orders dated 28.1.2013 are applicable in the case of those absorbee pensioners who had received 100% lump sum and are in receipt of one-third restored pension?
It has been clarified in the OM dated 3.4.2013 that the notional full pension of the absorbee pensioners would also be stepped up w.e.f 24.9.2012 in accordance with the instructions contained in the aforesaid OM dated 28.1.2013. No arrear of DR and additional pension on notional full pension would be payable for the period prior to 24.9.2012.
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