Interest on delayed payment of commuted value of pension: DOPPW Clarification
No. 42/15/2022-P&PW(D)/7 Government of India Ministry of Personnel, P.G. & Pensions Department of Pension & Pensioners’ Welfare
3 Floor, Lok Nayak Bhawan, Khan Market, New Delhi-1 10003 Date:- 31st Oct, 2022
OFFICE MEMORANDUM
Sub:- Interest on delayed payment of commuted value of pension – Clarification regarding
In accordance with Rule 5 of CCS (Commutation of Pension) Rules, 1981, a Government servant can commute for a lump-sum payment of an amount not exceeding 40 per cent of his pension. In cases where a Government servant has applied for commutation of pension before superannuation, the commuted value of pension is to be paid at the time of retirement. In other cases, the commuted value of pension should be paid as soon as possible after it has become absolute
2. References are received in this Department seeking clarification whether any interest is required to be paid to the retired Government servant in cases where there is a delay in payment of commuted value of pension after it has become absolute.
3. It is clarified that in accordance with Rule 6 of the CCS (Commutation of Pension) Rules, 1981, in cases where the commuted value of pension is paid after retirement, the reduction of the amount of commuted pension from the monthly pension becomes operative from the date on which the Commuted value of pension is paid. As per Rule 10A of CCS(Commutation of Pension) Rules, the commuted amount of the pension is restored on completion of fifteen years from the date the reduction of pension on account of commutation becomes operative in accordance with Rule 6. Since the pensioner continues to receive full pension till the date of payment of commuted value of pension, the question of payment of any interest on delayed payment of commutation of pension does not arise.
4. The above clarification may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation. The above provisions of the rules may also be suitably incorporated in the replies to be filed in the court cases on this issue.
(Charanjit Taneja) Under Secretary
l. All Ministries/Departments of the Government of India 2. C&AG of India, UPSC, etc.
Commutation of pension on more than one occasion: DOPPW Clarification
No. 42/15/2022-P&PW(D)/6 Government of India Ministry of Personnel, P.G. & Pensions Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi – 110003 Date:- 31st Oct, 2022
OFFICE MEMORANDUM
Sub:- Commutation of pension on more than one occasion – Clarification regarding
In accordance with Rule 5 of CCS (Commutation of Pension) Rules, 1981, a Government servant can commute for a lump-sum payment of an amount not exceeding 40 per cent of his basic pension.
2. References/representations have been received in this Department seeking clarification whether it is permissible for a person, who has commuted a percentage of his basic pension which is less than 40% of his basic pension, to commute a percentage of basic pension on a second or subsequent occasion within the overall maximum limit of 40%.
3. As per Rule 10 of CCS (Commutation of Pension) Rules, 1981, an applicant who has commuted a percentage of his final pension and after commutation his pension has been revised and enhanced retrospectively as a result of Government’s decision, the applicant shall be paid the difference between the commuted value determined with reference to enhanced pension and the commuted value already authorized. For the payment of difference, the applicant shall not be required to apply afresh. This Department’s OM No. 42/14/2016-P&PW (G) dated 24.10.2016 provides that those pensioners who retired from 01.01.2016 till 04.08.2016, i.e. the date of issue of orders for revised pay/pension based on the recommendations of the 7th CPC, may be given an option, in relaxation of Rule 10 of CCS (Commutation of Pension), Rules, 1981, not to commute the pension which has become additionally commutable on revision of pay/pension on implementation of recommendations of the 7th CPC.
4. There is, however, no provision in the Central Civil Services (Commutation of Pension) Rules, 1981 for commutation of a percentage of basic pension on a second or subsequent occasion within the overall maximum limit of 40%, if the pensioner had originally commuted a percentage of his basic pension which was less than 40% of his basic pension.
5. The above clarification may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.
(Charanjit Taneja) Under Secretary
All Ministries/Departments of the Government of India.
Central Civil Services (Classification, Control and Appeal) Amendment Rules 2022: Gazette Notification
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) New Delhi, the 19th October, 2022
G.S.R. 156.—In exercise of the powers conferred by proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely: —
1. Short title and commencement:- (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in rule 10, in sub-rule (7), for the proviso, the following provisos shall be substituted, namely: —
“Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under detention and in such case the ninety days’ period shall be computed from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later:
Provided further that in a case where no charge sheet is issued under these rules, the total period under suspension or deemed suspension, as the case may be, including any extended period in terms of sub-rule (6) shall not exceed,—
(a) two hundred seventy days from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (a) of sub-rule (1); or
(b) two years from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (aa) or clause (b) of sub-rule (1) as the case may be; or
(c) two years from the date the Government servant detained in custody is released or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later, in the case of deemed suspension under sub-rule (2).”.
[F. No. 11012/04/2016-Estt.A-III] MANOJ KUMAR DWIVEDI, Jt. Secy.
Note: The principal rules were published in the Gazette of India vide notification number S.O. 3703, dated the 20th November, 1965 and last amended vide notification number G.S.R. 125 (E) dated the 18th February, 2021 published in the Gazette of India.
Review of CSS Officers under FR 56 (j) and Rule 48 of CSS (Pension) Rules, 1972 – Request for information
No.21/1/2022-CS.I(U) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training)
Lok Nayak Bhawan, New Delhi-110003 Dated 31st October, 2022
OFFICE MEMORANDUM
Subject: Review of CSS Officers (Under Secretary) under FR 56 (j) and Rule 48 of CSS (Pension) Rules, 1972 – Request for information – regarding
The undersigned is directed to refer to the subject mentioned above and to state that information/ complete inputs is required for review under FR 56(j) and Rule 48 of CSS (Pension) Rules 1972 in DoP&T in respect of Under Secretary level officer of CSS of Ministries/ Departments, who have crossed the age of 50 years on 01.07.2022.
2. The above-mentioned data/inputs may be provided in the 15 columns prescribed proforma (copy enclosed), in hard copy or through email address at [email protected]. The soft copy of the inputs may also be sent at the said email address in the excel format only, as per the proforma, not in any other format like pdf, word etc.
3. Incomplete information: It is stated that on previous occasions, some of the Ministries/Departments did not furnish the complete information in the format prescribed by this Department. It may, therefore, be ensured that no column is left blank. For example, against the column ‘total leaves availed during the past five years’, entries are required to be made therein.
4. It is also stated that DoPT being the custodian of APARs of Group-I and above level CSS Officers, provides inputs from APARs to the Review Committee for their consideration. The inputs sought from the Ministries/Departments in the 15 columns prescribed proforma are over and above what is recorded in the APARs and hence it may be ensured that these columns are not left blank. It may also be ensured that the inputs of the Ministry/Department may be communicated at an appropriate level, with the name, designation, email-id and telephone number of the officer clearly indicated.
Encl: As above
(Sunil Kumar) Under Secretary to the Govt. of India
AICPIN for September 2022: Expected DA from Jan 2023
Consumer Price Index for Industrial Workers (2016=100) – September, 2022
TheLabour Bureau, an attached office of the Ministry of Labour & Employment, has been compiling Consumer Price Index for Industrial Workers every month on the basis of retail prices collected from 317 markets spread over 88 industrially important centres in the country. The index is compiled for 88 centres and All-India and is released on the last working day of succeeding month.
The All-India CPI-IW for September, 2022 increased by 1.1 points and stood at 131.3 (one hundred thirty-one point three). On 1-month percentage change, it increased by 0.84 per cent with respect to previous month compared to an increase of 0.24 per cent recorded between corresponding months a year ago.
The maximum upward pressure in current index came from Food & Beverages group contributing 0.68 percentage points to the total change. At item level Rice, Wheat Atta, Buffalo Milk, Dairy milk, Poultry/Chicken, Carrot, Cauliflower, Green Coriander leaves, Onion, Potato, Tomato, Vada, Idli, Dosa etc. are responsible for the rise in index. However, this increase was largely checked by Fish fresh, Palm Oil, Mustard oil, Sunflower oil, Soyabeen oil, Apple, Asafoetida, Orange, Gourd (Lauki) etc. putting downward pressure on the index.
At centre level, Bhavnagar recorded a maximum increase of 4.5 points. Among others, 6 centres recorded increase between 3 to 3.9 points, 10 centres between 2 to 2.9 points, 24 centres between 1 to 1.9 points and 30 centres between 0.1 to 0.9 points. On the contrary, Chindwara, Ahmedabad and Shilong recorded a maximum decrease of 0.6 points each. Among others, 8 centers recorded decrease between 0.1 to 0.9 points. Rest of six centers index remained stationary.
Year-on-year inflation for the month stood at 6.49 per cent compared to 5.85 per cent for the previous month and 4.40 per cent during the corresponding month a year before. Similarly, Food inflation stood at 7.76 per cent against 6.46 per cent of the previous month and 2.26per cent during the corresponding month a year ago.
Y-o-Y Inflation based on CPI-IW (Food and General)
All-India Group-wise CPI-IW for August, 2022 and September, 2022
Sr. No.
Groups
August, 2022
September, 2022
I
Food & Beverages
130.2
131.9
II
Pan, Supari, Tobacco & Intoxicants
145.7
147.3
III
Clothing & Footwear
128.2
129.7
IV
Housing
121.0
121.0
V
Fuel & Light
177.4
177.8
VI
Miscellaneous
126.6
127.5
General Index
130.2
131.3
CPI-IW: Groups Indices
The next issue of CPI-IW for the month of October, 2022 will be released on Wednesday, 30th November, 2022. It will be available on the office website www.labourbureaunew.gov.in.
Entitlement for family on death of a Central Government servant covered under National Pension System
No. – 57/03/2022-P&PW(B)/8361 (1) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners’ Welfare ***
3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi, Dated the 28th October, 2022
OFFICE MEMORANDUM
Subject: Entitlement for family on death of a Central Government servant covered under National Pension System – reg.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Implementation of National Pension System) Rules, 2021 and Central Civil Services (Payment of Gratuity under National Pension System) Rules, 2021 which are applicable from the date of its publication in the Official Gazette, to govern service related matters and for grant of gratuity respectively to Central Government civil employees covered under National Pension System.
2. Rule 20 of the Central Civil Services (Implementation of NPS) Rules, 2021 provides for the entitlement of family members on death of a Central Government covered under National Pension System. As per rule 20, on death of a Subscriber, who had exercised option or in whose case the default option under rule 10 of the CCS(Implementation of NPS) Rules, 2021 is for availing benefits under the Central Civil Services (Pension) Rules, 1972 or Central Civil Services (Extraordinary Pension) Rules , further action will be taken by the Head of Office for disbursement of benefits in accordance with the Central Civil Services (Pension) Rules. However, if the death is attributable to Government service, further action will be taken by the Head of Office for disbursement of benefits in accordance with the Central Civil Services (Extraordinary Pension) Rules subject to fulfillment of all the conditions for grant of benefits under those rules.
3. If on death of the Subscriber, benefits are payable to the family under the Central Civil Services (Extraordinary Pension) Rules or the Central Civil Services (Pension) Rules, the Government contribution and returns thereon in the accumulated pension corpus of the Subscriber shall be transferred to Government account. The remaining accumulated pension corpus shall be paid in lump sum to the person(s) in whose favour a nomination has been made under the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015. If there 1s no such nomination or if the nomination made does not subsist, the amount of remaining accumulated pension corpus shall be paid to the legal heir(s).
4. In the case of death of a Subscriber who had exercised option or in whose case the default option under rule 10 of the CCS(Implementation of NPS) Rules, 2021 is for availing benefits under the National Pension System, such benefits may be granted in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015.
5. In the event of death of Government employees covered under NPS during service, and in whose case benefits from accumulated pension corpus under NPS have been availed, family member of such deceased Government employee would also be eligible for death gratuity in accordance with rule 22 of the Central Civil Services (Payment of Gratuity under NPS) Rules, 2021. The rates provided in the rules for death gratuity is as under:
Sl. No.
Length of qualifying service
Rate of death gratuity
(i)
Less than one year
Two times of emoluments.
(ii)
Once year or more but less than five years
Six times of emoluments
(iii)
Five years or more but less than eleven years
Twelve times of emoluments
(iv)
Eleven years or more but less than twenty years re
Twenty times of emoluments
(v)
Twenty years or more
Half of emoluments for every completed six monthly period of qualifying service subject to a maximum of thirty three times of emoluments:
The maximum amount of death gratuity payable under this rule shall in no case exceed twenty lakh rupees.
6. All Ministries/Departments are requested that the above provisions regarding entitlement in respect to Central Government employees covered under National Pension System may be brought to the notice of the Government servants covered under NPS and personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.
(S. Chakrabarti) Under Secretary to the Government of India
To All Ministries/Departments/Organisations, (As per standard list)
Implementation of second penalty imposed during the currency of first penalty
No. 11012/11/2018-Estt.A-III Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training (Establishment A-III Desk)
North Block, New Delhi – 110001 Dated 28th October, 2022
OFFICE MEMORANDUM
Subject: Implementation of second penalty imposed during the currency of first penalty – regarding
It has come to the notice of this Department that the Departments are facing difficulties in implementation of second penalty (or multiple penalties) on serving charged officers during the currency of first penalty.
2. The issue has been considered in this Department and it has been decided that all the Disciplinary Authorities should clearly indicate in the punishment order whether the two penalties (or multiple penalties) would run concurrently or consecutively, while awarding second or subsequent penalties during the currency of earlier penalty/penalties. It is, however, clarified that where, such a specific mention has not been made, the two/ all penalties should run concurrently and the higher penalty, even though ordered later, should be implemented immediately and after expiry of its period, if the currency of the period of earlier punishment still continues, the same may be implemented for the balance period. In this context, a few illustrations are also annexed for ease of comprehension.
3. Ministries/ Departments are requested to ensure that these instructions are conveyed to all concerned.
4. Hindi version follows.
(A K Gopal) Under Secretary to the Government of India
To All Ministries / Departments of the Government of India
Illustration 1
A Government servant was drawing Basic Pay of Rs.65,200/- in Level 9 (Cell No.8) with next date of increment being 1st July, 2019.
1st Penalty: Vide Order dated 13.08.2018 a penalty of reduction to a lower stage by one stage in the time-scale of pay for a period four years, with further directions that the Government servant shall earn increment of pay during the period of such reduction and on the expiry of such period, the reduction will not have the effect of postponing his future increments was imposed. (Penalty period w.e.f. 13.08.2018 to 12.08.2022).
2nd Penalty: Vide Order dated 10.12.2018, penalty of reduction to a lower timescale of pay [Level 8] for a period of two years is imposed with further direction that the period of reduction to time scale of pay shall not operate to postpone future increment of his pay. (Penalty period w.e.f. 10.12.2018 to 09.12.2020).
Event
Basic Pay
1stPenalty
2nd Penalty
Pay immediately before imposition of 1st penalty i.e. on 12.08.2018
Rs.65,200/- [Level 9 (Cell No. 8)]
Pay w.e.f. 13.08.2018 on imposition of 1stpenalty
Rs.63,300/- Level 9 (Cell No.7)
Pay on imposition of 2nd penalty w.e.f. 10.12.2018*
*Rs. 62,200/- Level 8 (Cell No.10)
Pay on 01.07.2019 – Annual Increment
Notional Rs.67200/- Level 9 (Cell No.9)
Notional Rs.65,200/- Level 9 (Cell No.8)
Rs. 64,100/- Level 8 (Cell No.11)
Pay on 01.07.2020 – Annual Increment Till 09.12.2020
Notional Rs.69,200/- Level 9 (Cell No.10)
Notional Rs.67,200/- Level 9 (Cell No.9)
Rs.66,000/- Level 8 (Cell No.12)
Pay on 10.12.2020 – (end of 2nd penalty and continuation of 1st penalty)
Rs.67,200/- Level 9 (Cell No.9)
Pay on 01.07.2021
Notional Rs.71,300/- Level 9 (Cell No.11)
Rs.69,200/- Level 9, (Cell No.10)
Pay on 01.07.2022 Till 12.08.2020
Notional Rs.73,400/- Level 9 (Cell No.12)
Rs.71,300/- Level 9 (Cell No.11)
Pay on 13.08.2022 (on end 1st penalty)
Rs.73,400/- Level 9 (Cell No.12)
* Assuming that the Government servant was promoted from Level 8 to Level 9 w. e. f. 10.10.2016 and his pay was fixed on promotion under F. R. 22 (I) (a) (1).
Regulation of his pay on imposition of 2nd penalty:
Date
Pay in Level 8
Pay in Level 9
09.10.2016 (immediately prior to his promotion) Level 8 (Cell No.8)
Ceiling of Rs. 5.00 Lakhs for GPF subscription: CGDA
Office of Controller General of Defence Accounts Ulan Batar Road, Palam, Delhi Cantt.- 110010 e-mail: [email protected]
No. ABFU-4052/7/2020-PAYC-Part(1)
dated: 27.10.2022
To All PCsDA/CsDA/PCA(Fys)
Subject: Ceiling of Rs. 5.00 Lakhs for GPF subscription – regarding.
Please find enclosed Ministry of Personnel, PG & Pensions, Department of Pension & Pensioners’ Welfare OM No. 3/6/2021-P&PW(F) dated 11/10/2022.
2. The contents of the circular may please be given wide publicity among the GPF subscribers and Units for strict compliance.
3. As instructed therein, the sum of monthly GPF subscriptions for FY 2022-23 cannot exceed Rs. 5.00 Lakhs. Therefore. further deduction beyond Rs 5 Lakh may be stopped forthwith.
4. For the next FY 2023-24, monthly GPF subscription should be regulated as per Rule 8(i) sub-clause (b) and in such manner that the sum of the subscription does not exceed the limit of Rs 5 Lakh, mentioned in DP&PW OM dated 11.10.2022 or any other amount as notified by the Government.
5. Please acknowledge receipt. This issues with the approval of Addl. CGDA (SGD).
Disciplinary proceedings on the benefits from accumulated pension corpus under National Pension System: DOPPW O.M
No.57/03/2022-P&PW(B)/8361 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners’ Welfare ***
3th Floor, Lok Nayak Bhavan, Khan Market, New Delhi, Dated the 27th October, 2022
OFFICE MEMORANDUM
Subject: Provisions relating to effect of disciplinary proceedings on the benefits from accumulated pension corpus under National Pension System and gratuity in respect to Central Government employees covered under NPS.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Implementation of National Pension System) Rules, 2021 and Central Civil Services (Payment of Gratuity under National Pension System ) Rules, 2021 which are applicable from the date of its publication in the Official Gazette, to govern service related matters and for grant of gratuity respectively to Central Government civil employees covered under National Pension System.
2. Rule 19 of Central Civil Services (Implementation of NPS) Rules, 2021 provides that the Departmental or judicial proceedings, which were instituted while the Subscriber was in service but are not concluded before retirement or the judicial proceedings instituted after retirement of the Subscriber, shall not affect the benefits payable to the Subscriber out of his accumulated pension corpus and the lump sum and the annuity out of his accumulated pension corpus shall be paid to him in accordance with the regulations notified by the Authority as admissible in the case of exit of a Subscriber from the National Pension System on superannuation.
3. Further, as per Rule 5 of the Central Civil Services (Payment of Gratuity under National Pension System ) Rules, 2021 that if in any departmental or judicial proceedings instituted while the Government servant was in service, the retired Government servant is found guilty of grave misconduct or negligence, his gratuity may be withheld cither in full or in part, and recovery may be ordered from gratuity of the whole or part of any pecuniary loss caused to the Government.
4. After the retirement of the Government servant, the departmental proceedings shall be deemed to be proceedings under rule 5 of the Central Civil Services (Payment of Gratuity under National Pension System ) Rules, 2021 and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service. No gratuity shall be payable to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.
5. All Ministries/Departments are requested that the above provisions regarding disciplinary proceeding in respect to Central Government employees covered under National Pension System may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.
(S. Chakrabarti) Under Secretary to the Government of India
To All Ministries/Departments/Organisations, (As per standard list)
Options under CCS (Implementation of NPS) Rules 2021 to avail benefits under old pension scheme on death of Government servant covered under National Pension System during service or his discharge from service on account of invalidation or disablement
No 57/0312022-P&PW(B)/8361 Government of India Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners’ Welfare ***
3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi, Dated the 26th October, 2022
OFFICE MEMORANDUM
Subject: Options under Central Civil Services (Implementation of National Pension System ) Rules, 2021 to avail benefits under old pension scheme on death of Government servant covered under National Pension System during service or his discharge from service on account of invalidation or disablement – reg.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Implementation of National Pension System) Rules, 2021 to govern service related matters of Central Government civil employees covered under National Pension System. Rule 10 of these rules deals with option to be exercised by every Central Government employee covered under National Pension System for availing benefits under National Pension System or old pension scheme in the event of death of Government servant during service or his discharge on the ground of invalidation or disablement.
2. In accordance with rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021, every Government servant covered under the National Pension System shall, at the time of joining Government service, exercise an option in Form 1 for availing benefits under the National Pension System or under the Central Civil Service (Pension) Rules or the Central Civil Service (Extraordinary Pension) Rules in the event of his death or boarding out on account of disablement or retirement on invalidation. Government servants, who are already in Government service and are covered by the National Pension System, shall also exercise such option.
3. The option shall be exercised to the Head of Office who will accept the same after verifying all the facts submitted therein and place it in the service book. A copy of the option shall be forwarded by the Head of Office to the Central Recordkeeping Agency through the Drawing and Disbursing Officer and the Pay and Accounts Officer for their record. The Pay and Accounts Officer shall also make suitable entry in the online system indicating the details regarding the option exercised by the Government servant
4. Every Government servant shall, along with the option in Form 1, also submit details of family in Form 2 to the Head of Office. The Head of Office shall, on receipt of the Form 2, acknowledge receipt of the Form 2 and all further communications received from the Government servant in this behalf, countersign it indicating the date of receipt and get it pasted on the service book of the Government servant concerned.
The Head of Office on receipt of communication from the Government servant regarding any change in the size of family shall also incorporate such a change in Form 2.
5. The option exercised may be revised at any number of times by the Subscriber before his retirement by making a fresh option intimating his revised option to the Head of Office. On receipt of the revised option, the Head of Office and the Pay and Accounts Officer shall take further action as mentioned above.
6. A Subscriber who is discharged on invalidation or disability shall be given an opportunity to submit a fresh option at the time of such discharge. Where such Subscriber does not exercise a fresh option or is not in a position to exercise fresh option at the time of discharge, the option already exercised by the Subscriber shall become operative. Where no option was exercised by the Subscriber and the Subscriber is not in a position to exercise an option at the time of discharge, his case will be regulated in accordance with para 9 below.
7 In the case of death of a Subscriber while in service, the last option exercised by the deceased Subscriber before his death shall be treated as final and the family shall have no right to revise the option.
8. Where a Subscriber who did not exercise an option and dies before completion of service of fifteen years or within three years of the notification of Central Civil Services (Implementation of National Pension System) Rules, 2021, his family will be granted family pension in accordance with the provisions of the Central Civil Services (Pension) Rules or the Central Civil Services (Extraordinary Pension) Rules, as the case may be, as a default option.
9. Where a Subscriber is discharged from Government service on invalidation or disability before completion of service of fifteen years or within three years of the notification of these rules without exercising an option, and is also not in a position to exercise an option at the time of discharge, he will be granted invalid pension or disability pension in accordance with the provisions of the Central Civil Services (Pension) Rules or the Central Civil Services (Extraordinary Pension) Rules as the case may be, as default option;
10. In all other cases, where no option was exercised by the Subscriber, the claim of the Subscriber on discharge from the service and that of the family on death of the Subscriber, shall be regulated in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015, as default option.
11. In cases where the option exercised by the deceased Subscriber or the default option for benefit under the Central Civil Services (Pension) Rules or the Central Civil Services (Extraordinary Pension) Rules becomes infructuous on account of non-availability of an eligible member of the family for grant of family pension under the Central Civil Services (Pension) Rules or the Central Civil Services (Extraordinary Pension) Rules, such option would be deemed to have become invalid and the benefits admissible under the National Pension System shall be granted to the legal heir(s) of the employee in accordance with the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under National Pension System) Regulations, 2015.
12. Copy of Form 1 and Form 2 are also enclosed.
13. All Ministries/Departments are requested that the above provisions regarding option to be exercised under Central Civil Services (Implementation of National Pension System ) Rules, 2021 may be brought to the notice of the Government employees covered under NPS, Head of Offices and personnel dealing with the NPS matters in the Ministry! Department and attached /subordinate offices thereunder, for strict implementation.
(S. Chakrabarti) Under Secretary to the Govt. of India
Encl. as above.
To All Ministries/Departments/Organisations, (As per standard list)
