PENSION RULES & ORDERS

Orders issued by Dept. of Pensions & Pensioners' Welfare

Order/Circular Number and Date Subject Content
DoP&PW OM No.38/37/2016-P&PW (A) (i) dated 4.8.2016 Implementation of Government's decision on the recommendation of the Seventh Central Pay Commission - Revision of provisions regulating pension/gratuity/ commutation of pension/family pension/disability pension/ex-gratia lump-sum compensation, etc. Modifications in the rules regulating pension, Retirement/Death/Service Gratuity, Family Pension, disability pension, ex-gratia lumpsum compensation, etc. under the CCS (Pension) Rules, 1972 and Commutation of Pension under CCS (Commutation of Pension) Rules, 1981, CCS (Extraordinary Pension) Rules, 1939, etc.
DoP&PW OM No.38/37/2016-P&PW (A) (ii) dated 4.8.2016 Implementation of Government's decisions on the recommendations of the Seventh Central Pay Commission - Revision of pension of pre-2016 pensioners/family pensioners etc These orders shall apply to all pensioners/family pensioners who were drawing pension/family pension before 1.1.2016 under the Central Civil Services (Pension) Rules, 1972. [DoT has endorsed this order vide its No.36-02/2016-Pen (T) (i) dated 22nd August 2016.]
DoP&PW OM No.38/37/08-P&PW (A) dated 6.4.2016 Revision of pension of Pre-2006 pensioners - delinking of revised pension from qualifying service of 33 years the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the prerevised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement.
Gazette Notification dated 3.3.2014 Gazette Notification amending CCS (Pension) Rules, 1972, which brings MTNL under Rule 37A Payment of pensionary benefits to all categories of the erstwhile employees of the Government (Group A, B, C and D) absorbed in Mahanagar Telephone Nigam Limited who have opted for pension on combined service will be made by the Government in the same manner as in Bharat Sanchar Nigam Limited with effect from 1st October, 2000.
DOP&PW OM No. 1/27/2011-P&PE (E) dated 20.9.2013 Submission of Form 14 by the spouse to the pension disbursing bank after the death of the pensioner. The need to apply family pension in Form-14 in the cases where the pensioner and his/her spouse are holding a joint Bank Account in which the pension is being credited has been dispensed with.
DOP&PW OM No. 20/16/1998-P&PW(F) dated 11.07.2013. Withholding of 10% gratuity from the retiring Government servants - clarification regarding. there is no provision for withholding any part of gratuity at the time of retirement for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation and the onus of timely collection of license fee is on the Directorate of Estates..
DoP&PW OM 38/6/2010-P7PW(A)(Pt) dated 18.03.2013. Revision of provisional pension sanctioned under Rule 69 of CCS(Pension) Rules 1972 Provisional pension in case of suspension/pendency of disciplinary/court proceedings are also to be revised like normal pension.
DoP&PW OM No. 20/16/1998-P&PW(F) dt.19.2.2013 Withholding of 10% gratuity from retiring Government Servants There is no provision for withholding any part of gratuity for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation.
DOP&PW F No. 38/08/08-P&PW dt.21.12.2012 CCS (Pension) Amendment Rules 2012 Modification in Rule 29 A and segregation of Rule 37 A as Rule 37 A - conditions for payment of pension on absorption consequent upon conversion from Govt. Department into a PSU and Rule 37 B - conditions for payment of pension on absorption consequent upon conversion from Govt. Department into a central autonomous body
1/23/2012-P&PW(E) dt.13.9.2012 Change in date of birth/age of family pensioners Request for change in date of birth of family pensioners (parents/spouse) in the PPO may be submitted with supportive documents. Will be allowed if the Head of the Department is satisfied.
1/3/2011-P&PW(E) dt.25.5.2012 Clarification regarding fixation of enhanced family pension - pre-2006 pensioners/family pensioners Clarification that revised enhanced family pension shall not be less than 50% of the sum of minimum of the pay in pay band plus the grade pay or 50% of minimum of pay scale in case of HAG and above.
38/79/2008-P&PW (G) dt.16.2.2009 Clarification regarding commutation of Pension after the implementation of the recommendations of 6th CPC Clarifications in regard to various issues related to commutation of pension in case a pensioner opts for commutation of pension that becomes additionally commutable on account of retrospective revision of pay/pension.
7/7/-2008/P&PW (F) dt.13.2.2009 Implementation of Govt's decision on recommendations of VI CPC  - Revision of provisions regulating gratuity Withdrawal of benefit of adding years of qualifying service for the purpose of computation of pension
38/37/08-P&PW (A) dt. 11.12.2008 Implementation of Govt's decision on recommendations of VI CPC  - Revision of provisions regulating Pension/Gratuity/ Family Pension Pension at 50% of average of last 10 months emoluments or 50% emoluments (of last pay drawn), whichever is beneficial shall be paid to all those who retired after 1.1.2006. Benefit of 20 years of qualifying service for full pension will be available only to those who retire on or after 2.9.2008
38/37/08-P&PW (A) dt. 2.9.2008 Implementation of Govt's decision on recommendations of VI CPC  - Revision of provisions regulating Pension/Gratuity/ Family Pension Modifications to the rules regulating Pension on Retirement/Death, Gratuity, Family Pension, Disability Pension, ex-gratia lump-sum compensation and commutation of pension
4/61/99-P&PW (D) dt.20.12.2002 Terms and Conditions of payment of pensionary benefits consequent upon conversion of a Government department into Central PSU IDA scale to be taken into account for calculating average emoluments for the purpose of pension
4/61/99-P&PW (D) dt.30.9.2000 Amended Rule 37 A of CCS (Pension) Rules 1972 Condition of payment of pension on absorption consequent upon conversion of a Government department into Central PSU

Orders issued by DoT/BSNL

Order/Circular Number and Date Subject Content
BSNL No.40-06/2011-Pen.(B)(Pt.) dated 17.8.2016 Revision of pension of BSNL pensioners/family pensioners, who retired prior to 10.6.2013 by allowing the benefit of merger of 50% DA/DR with Basic Pay/Pension effectively amounting to 78.2% DA/DR for the purpose of fitment - Instruction for utilisation of Proforma BSNL has issued instructions for consolidation of pension/family pension of pre-2007 pensioners/family pensioners and for calculating the pay notinally in case of pensioners/family pensioners whoretired between 1.1.2007 and 9.6.2013.
DoT No.40-13/2013-Pen(T) dated 20.7.2016 Modifying the liability of BSNL towards the payment of pensionery benefits to the retired employees DoT's order implementing Cabinet decision on annulling the 60:40 sharing of responsibility between DoT and BSNL
DoT No.42-4/2012-Pen(T) dated 18.7.2016 Revision of pension of BSNL pensioners/family pensioners who retired prior to 10.6.2013 by allowing the benefit of merger of 50% DA/DR with basic pay/pension effectively amounting to 78.2% DA/DR for the purpose of fitment. DoT's order regarding Revision of pension of BSNL pensioners/family pensioners who retired prior to 10.6.2013 by allowing the benefit of merger of 50% DA/DR with basic pay/pension effectively amounting to 78.2% DA/DR for the purpose of fitment.
DoT No.40-13/2013-Pen(T) dated 28.4.2014 Amendment to CCS (Pension) Rules, 1972, which brings MTNL under Rule 37A DoT's order regarding Payment of pensionary benefits to all categories of the erstwhile employees of the Government (Group A, B, C and D) absorbed in Mahanagar Telephone Nigam Limited who have opted for pension on combined service will be made by the Government in the same manner as in Bharat Sanchar Nigam Limited with effect from 1st October, 2000.
DOT No. 40-3/2009-Pen(T) dated 11.07.2013 Revision of provisional pension sanctioned under Rule 69 of CCS (Pension) Rules, 1972 in respect of pre-2007 IDA pensioners. provisional pension sanctioned to the pre-2007 BSNL pensioners under Rule 69 of CCS (Pension) Rules, 1972 will be revised in terms of DOT’s OM F.No 40-17/2008-Pen(T)-Vol.III dated 15.03.2011.
BSNL No. 40-10/2013-Pen(B) dated 26.6.2013 Withholding of 10% gratuity from retiring Government Servants There is no provision for withholding any part of gratuity for the purpose of recovery of outstanding government dues other than those pertaining to government accommodation.
40-16/2002-Pen(T) dated 10.6.2013 Clarification regarding calculation of commuted value of pension by applying old or new commutation table in respect of BSNL IDA scale, post-2007 pensioners Method of calculation of additional commuted value of pension in four types of cases.
6-16/2002/TA-I/clarifications/Vol.III/26-77 dated 3.1.2013 Corrigendum to earlier orders on Implementation of single window system for pension disbursement by DoT through Central Pension Processing Cells of Public Sector Banks A pensioner availing or preferring the facility of single window system will have to open savings account (joint account with the spouse optional) in whose favour an authorisation for Family Pension exists in the PPO.
6-16/2002/TA-I/Vol.III/2804-2831 dated 10.10.2012 Implementation of single window system for pension disbursement by DoT through Central Pension Processing Cells of Public Sector Banks Under the new system envisaged all Public Sector Banks are allowed to disburse pension to DoT/BSNL pensioners in all States/Circles
250-13/2011-Pers-III dated 19.12.2011 Applicability of rule for permitting voluntary retirement with regard to staff absorbed in BSNL Employees directly recruited by BSNL on or after 1.10.2000 and persons employed on compassionate grounds on or after 1.10.2000 shall be governed by Rule 55 (ii)(c) of BSNL CDA Rules, 2006 with regard to voluntary retirement. For those who were absorbed in BSNL from DoT, provisions of sub rule 11-A under Rule 37 A of CCS (Pension) Rules, 1972 shall apply
40-10/2005-Pen (T) dated 27.9.2011 Rectification of anomaly in pension of BSNL employees retired within 10 months of their absorption in BSNL BSNL absorbees, irrespective of their date of retirement are eligible for minimum pension of 50% of the minimum pay in the scale of pay held by them at the time of retirement.
40-22/2011-Pen (B) dated 10.8.2011 Clarification regarding grant of pension to BSNL absorbees who have taken voluntary retirement after completion of 10 years qualifying service but less than 20 years.BSNL circulates DoT clarification that any one retiring in terms of CCS (Pension) Rules, 1972 will be eligible for pensionary benefits as per revised rule 49. Revised rule 49 has no provision for pro-rata pension.
40-17/2008-Pen(T)-Vol.III dated 15.03.2011 Revision of Pension of BSNL absorbed employees retired before 1.1.2007 DoT issues orders revising pension of BSNL IDA pensioners retired during the period from 1.1.2000 to 31.12.2006 pursuant to pay revision in BSNL w.e.f. 1.1.2007
1-5/2004-PAT(BSNL)Pt.II dated -12-2010 Pay fixation of Group B officers absorbed in BSNL who have opted for IDA pay scale from the date of promotion after 1.10.2000 BSNL endorsement of DoT letter dated 4.11.2010.
40-2-49 (3)/2009-PAT dated 4.11.2010 Pay fixation of Group B officers absorbed in BSNL who have opted for IDA pay scale from the date of promotion after 1.10.2000 DoT has directed all CCAs to extend pensionary benefits to such officers on provisional basis till final decision on this issue by the Government.
40-31/2008-Pen(T) dated 16.8.2010 Applicability of full pension on completion of 20 years qualifying service from 1.1.2006 DoT issues clarifications that admissibility of full pension on completion of 20 years qualifying service is applicable from 1.1.2006, which was earlier applicable from 2.9.2008. BSNL has endorsed this DoT letter
45/6/2008-P&PW(F) dt. 7.12.2009 Revision of CCS (Extraordinary Pension) Rules, 1939 - Constant Attendance Allowance Based on the recommendations of VI CPC, Govt. has decided to revise the rates of Constant Attendance Allowance payable to civilian employees by 25% every time the dearness allowance in the revised pay bands goes up by 50%
40-31/2008-Pen(T) dt. 12.8.2009 Applicability of revised rules of Pension consequent to recommendations of VI CPC to the Govt. employees absorbed in BSNL - Clarification reg Implementation of  DOP&PW's OM dated 02.09.2008 amending various provisions of CCS (PENSION) RULES 1972:
318-12/2008-Pen(T) dt.21.7.2009 Retirement Benefits in respect of Govt. Service to persons removed/dismissed from service after absorption in BSNL The absorbed employees of BSNL are entitled for retirement benefits for the period of service rendered under the Govt. even if they are dismissed/removed from service for any misconduct during the service in BSNL
40-31/2008-Pen(T) dt. 4.5.2009 Applicability of revised rules of pension calculation as per VI CPC with regard to limit of DCRG, commutation table, qualifying service, emoluments etc. to IDA pensioners of BSNL Implementation of  DOP&PW's OM dated 02.09.2008 amending various provisions of CCS (PENSION) RULES 1972:
40-12/2007-Pen(T) dt. 5.1.2009 Pension liability of BSNL towards pensionary benefits including family pension to its employees Ultimate liability to pay pensionary benefits including Family Pension to BSNL employees lies with the Govt. of India
A-11013/1/2005/Admn.II/Abs.Cell dt. 21.10.2008 Government to pay pension to the absorbed BSNL pensioners – Reaffirms DoT