Welcome Guest

Search:

Main Menu
Features
Pages
Categories
  • 3 users online
The Railway Employee » Retired_employees » General-pension-rules » REGULATION OF AMOUNT OF PENSION (CHAPTER - VI)

REGULATION OF AMOUNT OF PENSION (CHAPTER - VI)

by: Guest
Total views: 241
Word Count: 5735

RAILWAY SERVICES (PENSION) RULES, 1993

CHAPTER - VI

REGULATION OF AMOUNT OF PENSION

 

66. Retirement on completion of 30 years qualifying service

 

67. Retirement on completion of 20 years qualifying service

 

68. Addition to qualifying service on voluntary retirement

 

69. Amount of pension

 

70. Retirement gratuity or death gratuity

 

71. Persons to whom gratuity is payable

 

72. Debarring a person from receiving gratuity

 

73. Lapse of death-cum-retirement gratuity

 

74. Nomination

 

75. Family Pension Scheme for railway servants, 1964

 

66. Retirement on completion of 30 years qualifying service

  1. At any time after a railway servant completed thirty years qualifying service
    1. he may retire from service; or
    2. he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the railway servant shall be entitled to a retiring pension:

Provided that –

      1. a railway servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; and
      2. the appointing authority may also give a notice in writing to a railway servant at least three months before the date on which he is required to retire in the public interest or three months' pay and allowances in lieu of such notice:

Provided further that where the railway servant giving notice under clause (i) of the first proviso is under suspension, it shall be open to the appointing authority to withheld permission to such railway servant to retire under this rule:

Provided also that the provisions of clause (a) of sub-rule (1) of this rule shall not apply to a railway servant, including Scientist of technical expert who is –

      1. on assignment under the Indian Technical and Economic Cooperation (ITEC) Program of the Ministry of External Affairs and other aid programs;
      2. posted abroad in foreign based offices of the Ministries or Departments;
      3. on a specific contract assignment to a foreign Government.

unless after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year.

  1.  
    1. A railway servant referred to in clause (i) of the first proviso to sub-rule (1) may, make a request in writing to the appointing authority to accept notice of less than three months giving reason therefor;
    2. on receipt of a request under clause (a), the appointing authority may consider such request for curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.
  2. A railway servant who has elected to retire under this rule and has given the necessary intimation to that effect to the appointing authority, shall be precluded from withdrawing his election subsequently except with the specific approval of such authority:

Provided that the request for withdrawal shall be within the intended date of his retirement.

Explanation – For the purpose of this rule, "appointing authority" means the authority which is competent to make appointments to the service or post from which the railway servant retires.

 

67. Retirement on completion of 20 years qualifying service

  1. At any time after a railway servant has completed twenty years' qualifying service, he may, by giving notice of not less than three months in writing to appointing authority retire from service:

Provided that this sub-rule shall not apply to a railway servant including Scientists or technical expert who is –

    1. on assignment under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other aid programmes;
    2. posted abroad in foreign based offices of the Ministries or Departments;
    3. on a specific contract assignment to a foreign Government unless, after having been transferred to India, he has resumed the charge of a post in India and served for a period of not less than one year.
  1. The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority:

Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said notice.

  1.  

a.     A railway servant referred to in sub-rule (1), may, make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reason therefor.

b.     on receipt of a request under clause (a), the appointing authority subject to the provisions of sub-rule (2), may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the railway servant shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.

  1. A railway servant, who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority:

Provided that the request for withdrawal shall be made before the intended date of his retirement.

  1. The pension and death-cum-retirement gratuity of the railway servant retiring under this rule shall be based on the emoluments as defined under rules 49 and 50 and the increase not exceeding five years in his qualifying service shall not entitle him to any notional fixation of pay for purposes of calculating pension and gratuity.
  2. This rule shall not apply to a railway servant who retires from railway service for being absorbed permanently in an autonomous body or a public sector undertaking to which he is on deputation at the time of seeking voluntary retirement.

Explanation – For the purpose of this rule, "appointing authority" means the authority which is competent to make appointments to the service or post from which the railway servant seeks voluntary retirement.

 

68. Addition to qualifying service on voluntary retirement

  1. The qualifying service as on the date of intended retirement of the railway servant retiring under Rule 66 or Rule 67 of these rules or clause (k) of rule 1802 to 1804 of the Code, with or without permission, shall be increased by the period not exceeding five years, subject to the condition that the total qualifying service rendered by the railway servant does not in any case exceed thirty-three years and it does not take him beyond the date of superannuation.
  2. The weightage of five years under sub-rule (1) shall not be admissible in cases of those railway servants who are prematurely retired by the railways  in the public interest under clause (b) of sub-rule (1) of rule 66 of these rules or rules 1802 to 1804 of the Code.

 

69. Amount of pension

  1. In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month's emoluments for every completed six-monthly period of service.
  2.  
    1. In the case of a railway servant retiring in accordance with the provisions of these rules after completing qualifying service of not less than thirty-three years, the amount of pension shall be calculated at fifty percent of average emoluments subject to a maximum of rupees four thousand five hundred per mensem;
    2. In the case of a railway servant retiring in accordance with the provisions of these rules before completing qualifying service of thirty- three years, but after completing the qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension admissible under clause (a) and in no case the amount of pension shall be less than rupees three hundred seventy five per mensem;
    3. notwithstanding anything contained in clauses (a) and (b), the amount of invalid pension shall not be less than the amount of family pension admissible under sub-rule (2) of Rule 75.
  3. In calculating the length of qualifying service fraction of a year equal to three months and above shall be treated as a completed one half year and reckoned as qualifying service.
  4. The amount of pension finally determined under clause (a) or clause (b) of sub-rule (2) shall be expressed in whole rupees and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee.

DA admissible on all type of Gratuity vide Board's Letter No. F(E)III/97/PN1/22 dated 25.02.2002 (RBE 26/2002)

 

70. Retirement gratuity or death gratuity

  1.  
    1. In the case of a railway servant, who has completed five years' qualifying service and has become eligible of service gratuity or pension under Rule 69, shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service subject to a maximum of sixteen and one-half times the emoluments and there shall be no ceiling on reckonable emoluments for calculating the gratuity.
    2. If a railway servant dies while in service, the amount of death gratuity shall be paid to the family in the manner indicated in the Table below:

TABLE

 

Length of qualifying service

Rate of gratuity

(i)

Less than one year

2 times of emoluments

(ii)

one year or more but less than 5 years

6 times emoluments

(iii)

5 years or more but less than 20 years

12 times of emoluments

(iv)

20 years or more

Half of emoluments for every completed six monthly period of qualifying service subject to maximum of thirty-three times emoluments provided that the amount of death gratuity shall in no case, exceed one lakh rupees.

Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case, exceed rupees **{3.5 Lakh}

** Substituted vide Board's Letter No. F(E)III/97/PN1/22 dated 25.02.2002 (RBE 26/2002)

Provided further that the amount of retirement or death gratuity as finally calculated shall be rounded to the next higher rupees.

  1. If a railway servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension including ad-hoc increase, if any, together with the retirement gratuity admissible under sub-rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to twelve times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub-rule (1) of Rule 71.
  2. The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with Rule 49, ***{and in addition DA admissible on the date of retirement/ death of the Railway employee shall be treated as emoluments.}

*** Inserted vide Board's Letter No. F(E)III/97/PN1/22 dated 25.02.2002 (RBE 26/2002)

Provided that if the emoluments of a railway servant have been reduced during the last ten months of his service otherwise than as a penalty the average emoluments as referred to in the 50 shall be treated as emoluments.

  1. For the purpose of this rule, Rule 71, Rule 73, Rule 74 "family", in relation to railway servant, means –

 

(i)

Wife or wives including judicially separated wife or wives in the case of a male railway servant;

(ii)

Husband including judicially separated husband in the case of a female railway servant;

(iii)

Sons including step-sons and adopted sons;

(iv)

Unmarried daughters including step-daughters and adopted daughters;

(v)

Widowed daughters including step-daughters and adopted daughters;

(vi)

Father

including adoptive parents in the case of individuals whose personal law permits adoption;

(vii)

mother

(viii)

brother below the age of eighteen years including step brothers;

(ix)

unmarried sisters and widowed sisters including step sisters;

(x)

married daughters; and

(xi)

children of pre-deceased son.

 

71. Persons to whom gratuity is payable

  1.  
    1. The gratuity payable under Rule 70 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by making a nomination under Rule 74;
    2. If there is no such nominations or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below: -
      1. If there are one or more surviving members of the family as in clauses (i), (ii), (iii) and (iv) of sub-rule (5) of Rule 70, to all such members in equal shares;
      2. If there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses (v), (vi), (vii), (viii), (ix), (x) and (xi) of sub-rule (5) of Rule 70 to all such members in equal shares.
  2. If a railway servant dies after retirement without receving the gratuity admissible under sub-rule (1) of Rule 70, the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1).
  3. The right of a female member of the family, or that of a brother of a railway servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries or the brother attains the age of eighteen years, after the death of the railway servant and before receiving his or her share of gratuity.
  4. Where the gratuity is granted under Rule 70 to a minor member of the family of the deceased railway servant, it shall be payable to the guardian on the behalf of the minor.

 

72. Debarring a person from receiving gratuity

  1. If a person, who in the event of death of a railway servant while in service is eligible to receive gratuity in terms of Rule 71, is charged with the offence of murdering the railway servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.
  2. If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned –
    1. is convicted for the murder or abetting in the murder of the railway servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any,
    2. if acquitted of the charge of murdering or abetting in the murder of the railway servant, his share of gratuity shall be payable to him.
  3. The provisions of sub-rules (1) and (2) shall also apply to the un-disbursed gratuity referred to in sub-rule (2) of Rule 71.

 

73. Lapse of death-cum-retirement gratuity – Where a railway servant dies while in service; or after retirement without receiving the amount of gratuity and leaves behind no family, and

  1. has made no nomination or
  2. the nomination made by him does not subsist the amount of death-cum-retirement gratuity payable in respect of such railway servant under rule 70 shall lapse to the Government;

Provided that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour a succession certificate in respect of the gratuity has been granted by a Court of law.

 

74. Nomination

  1. A railway servant shall on his initial confirmation in a service or post, make a nomination in Form 4 or Form 5, as may be appropriate in the circumstances of the case, conferring on one or more persons the right to receive the death-cum-retirement gratuity payable under Rule 70.

Provided that if at the time of making the nomination –

    1. the railway servant has a family, the nomination shall not be in a favour of any person or persons other than the members of his family; or
    2. the railway servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.
  1. If a railway servant nominates more than one person under sub-rule (1), he shall specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the entire amount of gratuity.
  2. A railway servant may provide in the nomination
    1. that in respect of any specified nominee who pre-deceases the railway servant, or who dies after the death of the railway servant but before receiving the payment of gratuity, the right conferred on that nominee shall pass to such other person as may be specified in the nomination;

Provided that if at the time of making the nomination the railway servant has a family consisting of more than one member, the person so specified shall not be a person other than a member of his family;

Provided further that where a railway servant has only one member in his family, and a nomination has been made in his favour, it is open to the railway servant to nominate alternate nominee or nominees in favour of any person or a body of individuals, whether incorporated or not;

    1. that the nomination shall become invalid in the event of the happening of the contingency provided therein.
  1. The nomination made by a railway servant who has no family at the time of making it, or the nomination made by a railway servant under the second proviso to clause (i) of sub-rule (3) where he has only one member of his family shall become invalid in the event of the railway servant subsequently acquiring a family, or an additional member in the family, as the case may be.
  2. A railway servant may, at any time, cancel nomination by sending a notice in writing to the authority mentioned in sub-rule (7):

Provided that he shall, alongwith such notice send a fresh nomination made in accordance with this rule.

  1. Immediately on the death of a nominee in aspect of whom no special provision has been made in the nomination under clause (i) of sub-rule (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (ii) of that sub-rule, the railway servant shall send to authority mentioned in sub-rule (7) a notice in writing cancelling the nomination together with a fresh nomination made in accordance with this rule.
  2.  

a.     Every nomination made, and every notice of cancellation given by a railway servant under these rules, shall be sent by the railway servant to his Accounts Officer in the case of a gazetted railway servant and to the Head of his office in the case of non-gazetted railway servant.

b.     Immediately on receipt of a nomination from non-gazetted railway servant, the Head of Office shall countersign it indicating the date of receipt and keep it in separate confidential file which should be lodged for safe keeping with him or other responsible officer nominated by him for this purpose, and a clear note made in the service record or service book, as the case may be, of the railway servant as to what nomination and related notices have been received from him and where they have been lodged for safe custody and an acknowledgement to the railway servant concerned confirming that the nominations made by him and the related notices have been duly received and placed on record shall invariably be sent to every railway servant making or cancelling a nomination, by the Accounts Officer in the case of gazetted railway servants and by the Head of Office in the case of non-gazetted railway servants.

Note: - The power to countersign nominated form sent by non-gazetted railway servants may be delegated by the Head of Office to his subordinate gazetted officer.

  1. Every nomination made, and every notice of cancellation given by a railway servant shall, to the extent that it is valid, take effect from the date on which it is received by the authority mentioned in sub-rule (7)

 

75. Family Pension Scheme for railway servants, 1964

  1. The provisions of this rule shall apply
    1. to a railway servant entering service in a pensionable establishment on or after the 1st January, 1964; and
    2. to a railway servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for railway employees, 1964, contained in the Railway Board's letter No. F(P) 63 PN-1/40 dated the 2nd January 1964 as in force immediately before the commencement of these rules.

Note: - The provisions of this rule have also been extended from 22nd September 1977, to railway servants on pensionable establishments who retired or died before the 31st December, 1963 and also to those who were alive on that date but had opted out of the 1964 Scheme.

  1. Without prejudice to the provisions contained in sub-rule (3), where a railway servant dies
    1. after completion of one year of continuous service, or
    2. before completion of one year of continuous service provided the deceased railway servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for railway service;
    3. after retirement from service and was on the date of death in receipt of pension, or compassionate allowance, referred to in Chapter V, other than the pension referred to in Rule 53;

the family of the deceased shall be entitled to a family pension 1964 (hereinafter in this rule referred to as family pension) the amount of which shall be determined in accordance with the Table below: -

TABLE

 

Basic pay per month of railway servant

Rate of family pension per month inclusive of dearness relief upto average Consumer Price Index-608

(i)

Not exceeding Rs 1500

30 percent of basic pay subject to a minimum of Rs. 375.

(ii)

Exceeding Rs. 1500 but not exceeding Rs. 3000

15 percent of basic pay subject to a minimum of Rs. 450

(iii)

Exceeding Rs. 3000

15 percent of basic pay subject to a minimum of Rs. 600 and a maximum of Rs. 1250

Explanation – The expression "Continuous one year of service" wherever it occurs in this rule shall be construed to include "less than one year of continuous service" as defined in clause (b).

  1. The amount of family pension shall be fixed at monthly rates and expressed in whole rupees

    About the Author

                                       

    Rating: Not yet rated

    Comments

    No comments posted.

    Add Comment

Home   Discussions   News   Exams   Greetings
Copyright © 2007-08 - www.railwayemployee.com - All Rights Reserved.