Option to continue Statutory Pension - Time Limit extended up to 14/08/2020

Govt have issued order vide GO(P)No.92/2020/Fin Dated 06/07/2020, extended the tiome limit for submitting Option form to continue Statutory Pension upto 14/08/2020. Those who are in Govt. service or Board/Corporations /PSU/Aided/Autonomous Body prior to 01/04/2013 and are eligible to continue Statutory Pension scheme for the appointment made after 01/04/2013 vide GO(P)No.209/2013/Fin Dated 07/05/2013 and GO(P)No.279/2014/Fin Dated 14/07/2014 should submit their option for statutory pension to the appointing authority before 14/08/2020.

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Invalid Pension [Rule 42, Part III]

• Granted to an employee who is suffering from a contagious disease, or physical or mental disability which interferes with the efficient discharge of his duties, after medical examination by a Medical Board with a view to ascertain whether he may be retired from service on invalid pension. [Rule 42(1)]
• An invalid pension shall be granted to an employee who, having appeared on the directions of the Government / pension sanctioning authority under subrule (1) or on his own application, before a duly constituted Medical Board or Medical Officer is certified by such Medical Board or Medical Officer to be permanently incapacitated by a contagious disease or physical or mental disability or infirmity for the public service or for the particular branch of it to which he belongs.[Rule 42(2)]
• The actual period of his qualifying service as on the intended date of invalidation shall be increased by a period of 5 years subject to the condition that the total qualifying service after allowing the weightage shall not exceed 30 years and the weightage shall not exceed the difference between the age of superannuation and the age at the date of invalidation. Fractions, if any in the qualifying service so arrived at shall be rounded to the nearest completed year, that is, fraction of less than half year shall be ignored and half year and above shall be rounded to the next completed year [Rule 42(3)

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Clarification on Deduction of NPS during April-2020 to August-2020

Govt. have issued clarification vide Circular No.22/2020/Din Dated 06/05/2020 for the deduction of NPS contribution during Salary deferment period of April 2020 to August 2020. Only 10% of actually received Basic Pay and Dearness Allowance is to recovered as NPS Contribtion of Employees as per GO(P)No.20/2013/Fin dated 07/01/2013. Hence proportionate deduction of NPS shall be made during salary deferment period of April-2020 to August-2020. Download GO for more details.

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Compensation Pension [Rule 33, Part III]

• When a permanent post is abolished, the person selected to be discharged will be given two options; [33]
  • to leave the service accepting pension benefits based on qualifying service so far earned by the individual.[33(a)]
  • either to accept another employment in Government service [33(b)]   
• The pension granted as opted by the person, is called compensation pension.
• No pension is admissible to an employee for the loss of an appointment on discharge after the completion of a specified term of service.[36]
• No pension may be awarded for the loss of a compensatory allowance or special pay.[37]
• Reasonable notice should be given to an employee in permanent employment before his services are dispensed with on the abolition of his office.  If in any case notice of at least three months is not given, and the employee has not been provided with other employment on the date on which his services are dispensed with, then with the sanction of Government a gratuity not exceeding his emoluments for the period by which the notice actually given to him falls short of three months,  may be paid to him, in addition to the pension to which he may be entitled under Rules 64 to 70 but the pension shall not be payable for the period in respect of which he received a gratuity in lieu of notice [40]
• Rules requiring the refund of the compensation gratuity on re-employment, apply to a gratuity awarded under rule 40, if the employee is permanently re-employed within three months from the date of notice.  But the employee need not refund that proportion of his gratuity under this rule, which the interval of his non-employment bears to the whole period for which the gratuity is given.  If the employee is re-employed only temporarily he need refund no part of his gratuity but if such temporary employment is foreseen, the gratuity should be proportionately reduced.[41]
   

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Leap Year Day Count for Service Calculation - Orders issued

Based on Supreme Court Judgement on SLP(C)No.27604/2017 dated 26/11/2018, Govt vide GO(P)102/2019/Fin Dated 14/08/2019 have issed orders for recalculation of service by counting leap year day on February 29. Retired Employees (Pensioners) should apply for service re-calculation to the pension sanctioning authority through last working office within three months from the date of this order. The monetary benefit will be paid w.e.f 26/11/2018 only.

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Dies-non - Count for Pension as Qualifying Service

Vide GO(P)No.165/2019/Fin Dated 27/11/2019, amemdment has been made in Rule 31,Part III of the Kerala Service Rule by substituting the following.

31(a) Interruptions in the service of an employee will not count for pension Provided that the regular service before interruption is eligible to be reckoned as qualifying service for pension and the period of such interruption shall be condoned, unless otherwise specified.

(b) Where the period of interruption in the service on account of participation in strike is treated as 'Dies-Non', such period shall count for pension.”

Hence the period of Dies-non will count for pension as qualifying service w.e.f 16-12-2009.

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