URGENT /PENSION CASE

Doubts

Clarifications

1.When pay during last 10 months falls partly in CDA pay scales and partly in IDA pay scales how average emoluments are to be taken for calculating the pension. Nothing is mentioned whether non- practice allowance granted to medical officer in lieu of private practice will also be treated as pay. In addition nothing is mentioned about the stagnation increment whether the same will be treated as pay for the calculation of retirement benefits.

Sub rule 9 of Rule 37 A of CCS (Pension) rules provides that pension of an employee shall be calculated on the basis of his last 10 months average pay. It is implied that for the purpose of calculation of pension, average of last 10 months pay is to be taken irrespective of whether the pay in all 10 months or part thereof is in IDA/CDA pay scale. Non-practicing allowance and the stagnation increment are to be treated as emoluments for calculation of retirement benefits as per Rule 33 of CCS (Pension) Rules and the explanation below Rule 33.

2.In case of absorbed employee retired between 01.10.2000 to 30.6.2001 the pay falls in both the CDA and IDA within 10 months. What will be the relief admissible whether part of CDA and part IDA or industrial relief on the pension calculated?

Once pension / family pension is determined in accordance with Sub rule 9 of Rule 37 A of CCS (Pension) rules, the employee shall also be eligible to Dearness Relief as per Industrial Dearness Allowance pattern as provided in Sub rule 10 of Rule 37 A.

3.What will be the emoluments for determining the retirement gratuity / death gratuity on IDA pay scale.

As per Rule 50 (5) of CCS (Pension) Rules, the emoluments for the purpose of Gratuity admissible shall be reckoned in accordance with Rule 33 provided that if the emoluments of the Government servant have been reduced during the last 10 months of his service otherwise than as a penalty, average emoluments as referred to in Rule 34 shall be treated as emolument.

4.Whether the minimum pension of Rs.1275/- p.m.as well as maximum pension of Rs.15000/- p.m.(i.e., 50% of average emoluments in all cases) as applicable in the CDA pay scale is also to be applied in the IDA pay scales.

The ceiling of minimum and maximum pension as existing in CCS (Pension) Rules shall continue unless specifically approved otherwise by the Government.

5. Whether commutation of pension as applicable at 40% (maximum) on CDA pay scale is also to be applied in IDA pay scale?

Yes

6.There may be cases where the employee(s) expired on or after 1.10.2000 but before the issue of instructions for opting for BSNL and could not exercise his/her option. How these cases are to be settled?

This is not a pension related issue. BSNL management with the approval of the competent authority has to decide about the admissibility of IDA pay scales to such employees. Calculation of pension follows accordingly.