1.
Which rules Govern Pensions ?
Central
Civil Services Pension Rules.
2. Who
is the Pension Sanctioning Authority ?
Head of
Office in the Ministry/Department/Office where a Government servant last served
is the pension sanctioning authority.
3. What
should a Government servant do to claim his pension ?
The
Head of Office is required undertake the work of
preparation of pension papers in form No. 7 of Pension Rules two years before
the date on which a Government is due to retire on superannuation.Eight
months prior to the retirement date, a Government servant is requiredto furnish certain
information (e.g. joint photo with wife/husband, family details, name of the
branch of the authorized bank through which he desires to draw his pension etc.)
to his Head of Office in the prescribed form No. 5. After complying with the
requirements of CCS Pension Rules 59 & 60, the Head of Office has to forward
to the Pay & Accounts Officer form 5 and form 7 duly completed with a
covering letter in form 8 along with service book of the Government servant duly
completed up-to-date and any other documents relied upon for the verification of
service, not later than six months before the date of Retirement of Government
Servant.
4. Who
is to authorize the pension ?
On receipt of pension papers from Head of
Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the
amount of pension and issue the pension payment order (both halves of Pension
Payment Order, i.e. disburser’s portion and pensioner’s portion) not later than
one month in advance of the date of retirement of the Government servant with
forwarding authority letter, duly ink-signed and embossed, to Central Pension
Accounting Office which in turn will generate a Special Seal Authority on the
basis of details given in the Pension Payment Order. the authority letter of the
Pay & Accounts Officer and both halves of PPO with Special Seal Authority
shall be forwarded to the concerned link branch of the authorized Bank in the
State/Union Territory, which after keeping the details in the indexregister will transmit the documents
received from the C.P.A.O. to its paying branch opted for by the pensioner for
making payment thereof.
5. What
is required in case the pension has not
been fixed correctly ?
The Pay
& Accounts Officer while issuing the pension authorization shall forward one
copy of the pension calculation sheet (out of three received by him from the
Head of Office) as certified by the Head of Office and countersigned by him (Pay
& Accounts Officer) to the pensioner alongwith the intimation of his having
sent the pension payment authority/PPO to the CPAO. In case it is found from the
pension calculation sheet that pension has been fixed incorrectly, the matter
may be taken-up with the Head of Office, PAO concerned who, if necessary, will
issue an amendment authority letter to Central Pension Accounting Office for
onward transmission to the paying branch (through its link branch) to carry out
necessary amendments in both halves of PPO.
6.Whether
retirement gratuity, death gratuity can be paid by PAO/CPAO ?
No. The
amount of retirement/death gratuity as determined by the PAO shall be intimated
to the Head of Office who will draw and disburse the amount to the retired
Government servant or to the nominee/family as the case may be.
7. Is
the Dearness Relief payable on original basic pension or on reduced pension
after commutation ?
The
Dearness Relief is payable on original basic pension before
commutation.
8. Is
any authorization from PAO/CPAO required for payment of dearness relief
at increase rates to pensioners/family pensioners ?
No.
Whenever any additional relief on pension/family pension is sanctioned by
Government an intimation to this effect is sent by the Ministry of Personnel,
Public Grievances and Pensions (Deptt. of Pension and Pensioners’ Welfare) to
the authorised representative of each nominated Public Sector Bank. Each link
branch will be responsible for ensuring that copies of the orders sanctioning
additional relief have actually been received by their paying branches and
payment of additional relief at the revised rates to the pensioners has
been commenced by them without any undue delay. Whenever there is change in the
rates of dearness relief on pension, paying branch will keep a note of rates
along with date from which relief would take effect in disburser’s portion and
the pensioner’s half of the PPO under attestation by the branch Manager or
in-charge before commencing payment of relief at the revised rates and/or payment of
arrears, if any, due to the pensioner on this account.
9. Is
there any restriction on commutation of pension ?
Yes. No
Government servant against whom departmental or judicial proceedings as referred
to in Rule 9 of the Pension Rules, have been instituted before the date of his
retirement or the pensioner against whom such proceedings are instituted after
the date of retirement should be eligible to commute a fraction of his
provisional pension authorised under Rule 69 of the Pension Rules or the
pension, as the case may be, during the pendency of such
proceedings.
10. Is
there any limit on commutation of pension ? A Government servant shall be
entitled to commute for a lump sum payment up to 40 per cent of his pension. 11.
What will be the effective date of reduced pension if, a) The applicant is
drawing pension from PAO? b) The applicant is drawing pension from a branch of
an authorised bank ? c) A Government servant who retired on superannuation and
applied for commutation in form 1-A of CCS(Commutation of Pension)Rules upto the
date of retirement and commutation paid through Head of Office within the first
month of retirement ? d) In case of commutation of provisional pension and
retrospective revision of final pension?
a) The
reduction in the amount of pension on account of the commutation shall be
operative from the date of receipt of the commuted value of
pension or at the end of three months after issue of authority by the PAO for
the payment of commuted value of pension, whichever is earlier. b) The reduction
in the amount of pension on account of commutation shall be operative from the
date on which the commuted value of pension is credited by the bank to the
applicant’s account to which pension is being credited. c) The reduction in the
amount of pension on account of commutation shall be operative from its
inception. The commuted value is paid in two stages as such the reduction in the
amount of pension shall be made from the respective dates of the payment as per
(a) or (b) above, as the case may be.
11. How
is the period of 15 years for restoration of commuted portion of pension reckon
?
The
15-year period for restoration may be reckoned from the date of retirement
itself in case where the payment of commuted value of pension was/is made during
the first month of retirement leading to appropriate reduction on account of
commutation in the first pension itself. In all other cases, where the
commutation of pension led/leads to a reduction in the second or subsequent
month, the 15 year period will be reckoned from the date on which reduction in
pension became/becomes effective.
12.
Whether the family can be given the benefit of 40 per cent commutation if a
pensioner dies before exercising option ?
In view
of Governments clarificatory orders, no benefit can be given to the
family.
13. Is
any authorization for restoration of commuted portion of pension after 15
years requiredfrom
PAO/CPAO ?
Restoration
of commuted portion of pension after 15 years (from the date of crediting of
commuted value) or as fixed by the Government from time to time is to be made
automatically by bank on receipt of application in prescribed
proforma from eligible pensioner. In cases where the date of commutation is not
readily available in the PPO, the bank will obtain the information from the
concerned PAO who issued the PPO through CPAO before restoring the commuted
portion of pension.
14.
Whether retirement gratuity/death gratuity , commuted value of pension is
taxable ?
Retirement/death
gratuity and the lumpsum amount received on account of commutation of pension is
not taxable under the Income Tax Act 1962.
15. Is
the payment of pension in cash or through a joint account with or without
“EITHER” or “SURVIVOR” facility permitted in the Scheme for Payment of Pension
to Central Government Civil Pensioners by authorised Banks ?
Payment
of pension in cash or through a joint account with or without “EITHER” or
‘SURVIVOR” facility is not permitted in the Scheme.
16. Can
a pension account be operated by a holder of Power of Attorney ?
The
pension account cannot be allowed to be operated by a holder of Power of
Attorney except in the case of the pension accounts of the former Presidents of
India or of the spouses of deceased Presidents. However, the facility of
allowing cheque books and acceptance of standing instructions for transfer of
funds from the account is admissible as per instructions of R.B.I.
17. Can
the deduction of Income Tax at source be made from pension payments
?
Yes,
the paying branch will be responsible for deduction of Income Tax at source from
pension payments in accordance with the rates prescribed from time to time.
While deducting such tax from pension payments the paying branch will also allow
deduction on account of relief available under Income Tax Act from time to time
on production of proper and acceptable evidence of eligible savings by
pensioners. The paying branch will also issue the pensioner in April each year a
certificate of tax deducted in the form prescribed in the Income Tax
Rules.
18. Can
the excess payment, if any, credited to the pensioner’s account be recovered by
the bank ?
Before
commencing payment of pension the paying branch is required to obtain an
undertaking in the prescribed form Annexure-XI of the Scheme from the pensioner.
On the strength of this undertaking the excess payment, if any, credited to
his/her account can be recovered by the paying branch.
19. Can
the payment of retirement/death gratuity be made by the bank ?
Unless
otherwise specified, payment of death/retirement gratuity is not covered under
the Scheme.
20.
What is required if a pensioner/family pensioner desires to get his pension
payment account transfered (a) From one paying branch to another of the same
public sector bank within the same station or a different station ? (b) From one
public sector bank to another public sector bank within the same station. (Such
transfers to be allowed only once in a financial year) ? (c) From one public
sector bank to another public sector bank at a different station ?
Applications
for transfer of pension falling under category (a) may be entertained by the
paying branch of the Public Sector Bank itself. In case the transfer is at the
same station, Link Branch will make necessary entries in the register maintained
by them in the prescribed form in Annexure-VIII of the scheme and forward the
disburser’s portion of PPO to the paying branch at which payment is desired
under intimation to the CPAO and the pensioner. In case transfer is at different
station, link branch after keeping the requisite note, will forward disburser’s
portion of the PPO to the link branch at new station for arranging payment
through the new paying branch. Necessary intimation of effecting such transfer
will be sent to CPAO by the new as well as old link branches in the form
Annexure XXI for keeping a note of change in their records under intimation to
the pensioner. The receiving link branch on receipt of the pension documents,
will ensure forwarding the PPO to the paying branch within three days and
intimate the pensioner simultaneously. Before forwarding the disburser’s portion
of PPO to the new paying branch/link branch, it will be ensured that the month
up-to which the payment has been made is invariably indicated in the disburser’s
portion of PPO. In cases request falling under category (b) & (c), when a
pensioner applies for transfer on a simple sheet of paper the old bank
(transferor paying branch) will send a letter duly signed by its Branch Manager
to the Branch Manager of the new paying branch, wherever located, alongwith
photocopy of the pensioner’s PPO showing the last payment made. This will be
sent by Speed Post/Courier/Regd. Post to the new paying branch at the new
location, alongwith a copy each to the pensioner, CPAO and for information to
the Link Branch of the old paying branch. Simultaneously, the old paying branch
will send the bank’s copy of the PPO to its link branch, duly completing all
entries for transmission to the new link branch. However, pensioner’s copy of
PPO will be retained by pensioner and produced at the new paying branch. The new
paying branch will commence the pension payment immediately on receipt of letter
of the last payment certificate as above. Simultaneously, it will send an
intimation to its link branch with full details of the commencement of the
pension. The old paying branch and its link branch will ensure that the bank’s
copy of PPO is transmitted to the new paying branch through its link branch.
Pension will be paid for three months on the basis of the photocopy of the
pensioner’s PPO at transferee (New) branch, from the date of last date of
payment made at the transferor (Old) branch. During this time, it will be the
joint responsibility of both transferor (old) and transferee (New) bank branches
to ensure that all the documents under the procedure, are received by the
transferee (New) branch within the period of three months. To avoid the risk of
overpayment at the time of transfer, the following certificate is required to be
recorded on the Disburser’s portion of PPO by the paying branch of the Public
Sector Bank: Certified that payment of pension has been made upto the month
—————– and that this PPO consists of ———————continuation sheets for recording
disbursement.” Except as stated above , the transfer of a pension from one
payment point to another will not ordinarily be permitted.
21.
What is the procedure for switchover of pension payment from Pay & Accounts
Office to authorised Bank ?
The
existing pensioner will be required to submit his transfer application in the
form in Annexure IX of the Scheme in duplicate to his Pension Disbursing
Authority i.e. Pay & Accounts Office or Treasury as the case may be.
Transfer application in duplicate shall be forwarded immediately by the Pay
& Accounts Office alongwith the disburser’s copy of the PPO halves, duly
authenticated and written up-to-date to the CPAO for transmission to the link
branch of the authorised Bank for arranging payment after keeping necessary note
in their records. Pay & Accounts Office should also update the entries of
payment made in the pensioners portion of the PPO if not already done, before
the transfer application is sent to the CPAO. (from Treasury to authorised Banks
?) In case of transfer from Treasury to Authorised Banks the transfer
application along with PPO should be routed through the concerned A.G. whose
authorised officer will countersign and also emboss special seal before
transmitting the same to the CPAO.
22. Who
is to authorize payment of family pension and death gratuity when a Govt.
servant dies while on deputation ?
In the
case of a Govt. servant who dies while on deputation to another Central Govt.
Deptt., action to authorize family pension and death gratuity in accordance with
the provisions of chapter IX of the pension Rules shall be taken by his Head of
Office of the borrowing department. In the case of a Govt. servant who dies
while on deputation to a State Govt. or while on Foreign Service action to
authorize the payments of family pension and death gratuity in accordance with
the provisions of Chapter IX of the pension Rules shall be taken by the Head of
Office or the cadre authority which sanctioned the deputation of the Govt.
servant to the State Govt. or to his Foreign Service.
23.
What should a family member eligible for the grant of family pension do to get
the family pension ?
Normally,
family pension is sanctioned and authorized at the same time as pension and
indicated in the pension payment order and is to be drawn after the death of the
pensioner. In case of Govt. servant dying while in service, the widow or widower
has to make a claim in Form 14 to the Head of Office who will sanction and
authorize the family pension through its Pay & Accounts Officer. Where the
deceased Govt. servant is survived only by a child or children, the guardian (in
case of minor child/children) or such child or children may submit a claim in
Form 14 to the Head of Office for sanction and authorisation of family pension
with its PAO. For getting family pension, the deceased pensioner’s family should
apply in Form no. 14 alongwith a copy of the death certificate of the deceased
pensioner (i) to the pension disbursing authority if, the amount of family
pension is already indicated in the Pension Payment Order (ii) to the Head of
Office for sanction of family pension in all other cases.
24.
What is the period up-to which family pension is payable ?
Family
pension is payable to one member of the family at a time in the order and for
the period as under: a) In the case of a widow or widower, up to the date of
death or remarriage, whichever is earlier. b) When widow or widower becomes
ineligible, children below 25 years of age in the order of their age, up to 25
years of age or till they get married, in case of daughter or till they start
earning Rs.2,550/- P.M. whichever is earlier. c) After (a) & (b) above; for
the lifetime to any unemployed son/daughter who is suffering from any disorder
or disability of mind (including mentally retarded or physically crippled or
disabled.
25. Is
family pension payable to more than one person at a time ?
The
family pension will be paid in equal shares where the deceased Govt. servant or
pensioner is survived by – a) More than one widow (except in the case of Hindu
widow). On the death of one widow, her share of the family pension shall become
payable to eligible child. If she is not survived by any child, her share of the
family pension shall not lapse but shall be payable to the other widows in equal
shares. b) A widow and an eligible child through another deceased wife; the
eligible child will be paid the share which the mother would have received had
she been alive. c) A widow and an eligible child from a divorced wife; the child
will be entitled to the share of family pension which the mother would have
received had she not been divorced.
26. How
is family pension is payable to twins ?
Where
the family pension is payable to twin children it will be paid to such children
in equal shares provided that when one such child ceases to be eligible his/her
share shall revert to the other child and when both of them cease to be eligible
the family pension shall be payable to the next eligible single child/twin
children.
27. Is
family pension payable to a spouse judicially separated ?
Yes,
family pension is payable to a spouse judicially separated but not to a spouse
judicially separated on the ground of adultery.
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