After the 7th CPC Revision of limits of two family pension payable to a child in respect of both the parents

The highest pay in the Government has been revised to Rs. 2, 50,000/ – per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the amount of Rupees forty five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -)

1/ 1(2)/ 2020-P&PW (E) Part-1
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 12th February, 2021

OFFICE MEMORANDUM

Subject: Revision of limits of two family pensions payable to a child in respect of both the parents after the 7th CPC.

In accordance with sub-rule (11) of rule 54 of the Central Civil Services (Pension) Rules 1972, in case both wife and husband are Government servants and are governed by the provisions of that rule, on their death, the surviving child/ children is/ are eligible for two family pensions in respect of the deceased parents. As per the existing rule 54, if one of the parents dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below:

Also Read: Eligibility of divorced daughters for grant of family pension

• (a) (i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3) of Rule 54, the amount of both the family pensions shall be limited to forty-five thousand rupees per month;
  (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3) of Rule 54, and in lieu thereof the family pension at the rate mentioned in sub-rule (2) of Rule 54 becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per month.
• (b) If both the family pensions are payable at the rates mentioned in sub-rule (2) of Rule 54, the amount of two family pensions shall be limited to twenty-seven thousand rupees per month.

2. The limits of Rs. 45,000/ – per month and Rs. 27,000/ – per month in the existing Rule 54(11) were determined at the rate of 50% and 30%, respectively, of the highest pay of Rs. 90,000/ – in the 6th CPC and were notified vide Notification No. 38/ 80/ 2008-P&PW (A) dated 8th June 2011 (GSR 176 dated the 11th June 2011).

3. References have been received in this Department in regard to the limits of two family pensions payable to child/ children in respect of both the parents, after the 7th CPC.

4. The highest pay in the Government has been revised to Rs. 2, 50,000/ -per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the number of Rupees forty-five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty-Seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -).

Retirement guide for a central government employees

5. Formal amendment to the Central Civil Services (Pension) Rules in this respect shall be notified separately.

sd/ –
Sanjoy Shankar
Deputy Secretary to the Government of India

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No. 1/23/2020-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
Dated-03.09.2020

To

Shri S.C Maheshwari
General Secretary.
Bharat Pensioners Samaj
2/13-A Backside Basement
Jangpura A, New Delhi -110014

Subject:- Enhancement of family pension

Sir,

I am directed to refer to your letter No BPS/SG/ FP/2020/01 dated 17.02.2020 on the above mentioned subject and to say that the matter regarding Enhancement of family pension was examined by 7th CPC and the following recommendation/ observation has been made by Commission:

“10.1.24 in representations to and in meetings with the Commission a number of entities have, while seeking a raise in pension from the existing level of 50 per cent of last pay drawn, questioned the basis for determination of pension st 50 per cent of last pay drawn. Similarly representations for increasing family pension from existing 30 per cent to 50 per cent of the last pay drawn have been received by the Commission.

10.1.25 The Commission sought the views of the government in this regard. The Department of Pension and Pensioners Welfare stated that the VI CPC had recommended calculation of pension @ 50 per cent of last pay of the average emoluments (for last 10 months) whichever is more beneficial. The Commission also recommended delinking of pension from qualifying service of 33 years. Effectively the dispensation on pension has already been liberalised by the VI CPC. Further the recommendations of this Commission in relation to pay of both the civilian and defence forces personnel will lead to a significant increase in the pay drawn and therefore in the ‘last pay drawn’ / reckonable emoluments.’ Therefore the Commission does not recommend any further increase in the rate of pension and family pension from the existing levels.”

In view of the recommendation/ observation of the 7th CPC being accepted by the Government there does not appear any further increase in the rate of pension and family pension from the existing levels.

Also check: PCDA – Submission of pension claim during lock-down in respect of Defence civilian

This issues with the approval of Competent Authority.

(Sanjoy Shankar)
Under Secretary to the Government of India

The post Enhancement of family pension was examined by 7th CPC and the following recommendation has been made by Commission appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

How, the battle is lost
One rank one pension denied

OPTION 1 recommended by 7th CPC for the revision of Pension/Family pension of pre-2016 Denied inspite of availability of service records of over 80% of old pensioners.

The alternative given vide OM dated 12.5.2017 though to some extent it will benefit a good % of old pensioners, it cannot make up the lifelong loss old pensioners will suffer due to denial of option 1. Ever since Honourable Supreme Court land mark judgement dated_____ in UOI vs D S Nakra. In the hide and seek game with UOI for 100% parity between present & past Civil Pensioners Bharat Pensioners Samaj had this time secured Penalty Corner but the Babu in DOP & PW foiled the final hit.

Why only DOP& PW, our own people must share the blame! The war veterans whom we had been supporting for years in their struggle for one rank one pension were the first to oppose ‘Bharat Pensioners Samaj‘ demand for 100% parity/one rank one pension through electronic media as well as through representations (backed by their serving HODs) to GOI pleading that they only are entitled to this benefit and not the Civil pensioners

The final blow was delivered in the 7th meeting of feasibility committee on 17.10.2016 when as mentioned in Para 4 of the official minutes vide No. 38/37/2016-P&PW(A) GOI Ministry of Personnel, P.G. and Pensions -DOP &PW dated the 31st October, 2016 (placed here under). JCM (staff side) agreed with govt’s alternative proposal.

What we will lose

Source: http://scm-bps.blogspot.in/

The post Option 1 recommended by 7th CPC for the revision of pension/family pension of Pre 2016 retirees DENIED appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No.38/37/2016-P&PW(A)
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi
Dated, the 12th May, 2017

Office Memorandum

Sub:- Implementation of Government’s decision on the recommendations of the Seventh Central Pay Commission – Revision of pension of pre-2016 pensioners/family pensioners, etc.

The undersigned is directed to say that the 7th Central Pay Commission (7th CPC). in its Report, recommended two formulations for revision of pension of pre-2016 pensioners. A Resolution No. 38/37/2016-P&PW (A) dated 04.08.2016 was issued by this Department indicating the decisions taken by the Government on the various recommendations of the 7th CPC on pensionary matters.

2. Based on the decisions taken by the Government on the recommendations of the 7th CPC, orders for revision of pension of pre-2016 pensioners/family pensioners in accordance with second Formulation were issued vide this Department’s OM No. 38/37/2016-P&PW (A) (ii) dated 04.08.2016. It was provided in this OM. that the revised pension/famiiy pension wet. 112016 of pre-2016 pensioners/family pensioners shall be determined by multiplying the pension/family pension as had been fixed at the time of implementation of the recommendations of the 6th CPC, by 2.57.

3. In accordance with the decision mentioned in this Department’s Resolution No. 38/37/2016-P&PW (A) dated 04.08.2016 and OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016, the feasibility of the first option recommended by 7th CPC has been examined by a Committee headed by Secretary, Department of Pension Pensioners’ Welfare.

4. The aforesaid Committee has submitted its Report and the recommendations made by the Committee have been considered by the Government. Accordingly, it has been decided that the revised pension/family pension w.e.f 01.01.2016 in respect of all Central civil pensioners/family pensioners, including CAPF’s, who retired/died prior to 01.01.2016, may be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died. This will be done by notional pay fixation under each intervening Pay Commission based on the Formula for revision of pay. White fixing pay on notional basis, the pay fixation formulae approved by the Government and other relevant instructions on the subject in force at the relevant time shall be strictly followed. 50% of the notional pay as on 01.01.2016 shall be the revised pension and 30% of this notional pay shall be the revised family pension wet. 1.1.2016 as per the first Permutation. In the case of family pensioners who were entitled to family pension at enhanced rate, the revised family pension shall be 50% of the notional pay as on 01.01.2016 and shall be payable till the period up to which family pension at enhanced rate is admissible as per rules. The amount of revised pension/family pension so arrived at shall be rounded off to next higher rupee.

5. It has also been decided that higher of the two Formulations is the pension/family pension already revised in accordance with this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 or the revised pension/family pension as worked out in accordance with para 4 above, shall be granted to pre-2016 central
civil pensioners as revised pension/family pension w.e.f. 01.01.2016. In cases where pension/family pension being paid w.e.f. 1.1.2016 in accordance with this Department’s OM No. 38/37/2016~P&PW(A) (ii) dated 04.08.2016 happens to be more than pension/family pension as worked out in accordance with para 4 above, the pension/family pension already being paid shall be treated as revised pension/family pension w.e.f. 1.1.2016.

6. Instructions were issued vide this Department’s OM No. 45/86/97-P&PW(A) (iii) dated 10.02.1998 for revision of pension! family pension in respect of Government servants who retired or died before 01.01.1986, by notional fixation of their pay in the scale of pay introduced with effect from 01.01.1986. The notional pay so worked out as on 01.01.1986 was treated as average emoluments/last pay for the purpose of calculation of notional pension/family pension as on 01.01.1986. The notional pension/family pension so arrived at was further revised with effect from 01.01.1996 and was paid in accordance with the instructions issued for revision of pension/family pension of pre-1996 pensioners/family pensioners in implementation of the recommendations of the 5th Central Pay Commission.

7. Accordingly, for the purpose of calculation of notional pay w.e.f. 1.1.2016 of those Government servants who retired or died before 01.01.1986, the pay scale and the notional pay as on 1.1.1986, as arrived at in terms of the instructions issued vide this Department’s OM 45/86/97-P&PW(A) dated 10.02.1998, will be treated as the pay scale and the pay of the concerned Government servant as on 1.1.1986. in the case of those Government servants who retired or died on or after 01.01.1986 but before 112016 the actual pay and the pay scale from which they retired or died would be taken into consideration for the purpose of calculation of the notional pay as on 1.1.2016 in accordance with para 4 above.

8. The minimum pension with effect from 01.01.2016 will be Rs. 9000/- per month (excluding the element of additional pension to old pensioners). The upper ceiling on pension/family pension will be 50% and 30:16 respectively of the highest pay in the Government (The highest pay in the Government is Rs. 250,000 with
effect from 01.01.2016).

9. The pension/family pension as worked out in accordance with provisions of Para 4 and 5 above shall be treated as ‘Basic Pension’ with effect from 01.01.2016. The revised pension/family pension includes dearness relief sanctioned from 1.1.2016 and shall qualify for grant of Dearness Relief sanctioned thereafter.

10. The existing instructions regarding regulation of dearness relief to employed/re-employed pensioners/family pensioners, as contained in Department of Pension & Pensioners Welfare OM. No. 45/73/97-P&PW(G) dated 02.07.1999, as amended from time to time, shall continue to apply.

11. These orders would not be applicable for the purpose of revision of pension of those pensioners who were drawing compulsory retirement pension under Rule 40 of the CCS (Pension) Rules or compassionate allowance under Rule 41 of the CCS (Pension) Rules. The pensioners in these categories would continue to be entitled to revised pension in accordance with the instructions contained in this Department’s OM. No. 38/37/2016-P&PW(A)(ii) dated 4.8.2016.

12. The pension of the pensioners who are drawing monthly pension from the Government on permanent absorption in public sector undertakings/autonomous bodies will also be revised in accordance with these orders. However, separate orders will be issued for revision of pension of those pensioners who had earlier
drawn one time lump sum terminal benefits on absorption in public sector undertakings, etc. and are drawing one-third restored pension as per the instructions issued by this Department from time to time.

13. in cases where, on permanent absorption in public sector undertakings/autonomous bodies, the terms of absorption and/or the rules permit grant of family pension under the CCS (Pension) Rules, 1972 or the corresponding rules applicable to Railway employees/members of All India Services, the family pension being drawn by family pensioners will be updated in accordance with these orders.

14. Since the consolidated pension will be inclusive of commuted portion of pension, if any, the commuted portion will be deducted from the said amount while making monthly disbursements.

15. The quantum of age-related pension/family pension available to the old pensioners/ family pensioners shall continue to be as follows:

The amount of additional pension will be shown distinctly in the pension payment order. For example, in case where a pensioner is more than 80 years of age and his/her revised pension is Rs.10,000 pm, the pension will be shown as (i) Basic pension = Rs.10,000 and (ii) Additional pension = Rs.2,000 pm. The pension on his/her attaining the age of 85 years will be shown as (i).Basic Pension = Rs.10,000 and (ii) additional pension = Rs.3,000 pm. Dearness relief will be admissible on the additional pension available to the old pensioners also.

16. A few examples of calculation of pension/family pension in the manner prescribed above are given in Annexure-I to this OM.

17. No arrears on account of revision of Pension/Family pension on notional fixation of pay will be admissible for the period prior to 1.1.2016. The arrears on account of revision of pension/family pension in terms of these orders would be admissible with effect from 01.01.2016. For calculation of arrears becoming due on the revision of pension/ family pension on the basis of this O.M., the arrears of pension and the revised pension/family pension already paid on revision of pension/family pension in accordance with the instructions contained in this Department’s OM No. 38/37/2016-P&PW(A) (ii) dated 04.08.2016 shall be adjusted.

18. it shall be the responsibility of the Head of Department and Pay and Accounts Office attached to that office from which the Government servant had retired or was working last before his death to revise the pension! family pension of Pre-2016 pensioners/family pensioners with effect from 01.01.2016 in accordance with these orders and to issue a revised pension payment authority. The Pension Sanctioning Authority would impress upon the concerned Head of Office for fixation of pay on notional basis at the earliest and issue revised authority at the earliest. The revised authority will be issued under the existing PPO number and would travel to the Pension Disbursing Authority through the same channel through which the original PPO had travelled.

19. 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, and the corresponding rules applicable to Railway pensioners and pensioners of All India Services, including officers of the Indian Civil
Service retired from service on or after 111973. A pensioner/family pensioner who became entitled to pension/family pension with effect from 01.01.2016 consequent on retirement/death of Government servant on 31.12.2015, would also be covered by these orders. Separate orders will be issued by the Ministry of Defence in regard to Armed Forces pensioners/family pensioners.

20 These orders do not apply to retired High Court and Supreme Court Judges and other Constitutional/Statutory Authorities whose pension etc. is governed by separate rules/orders.

21 These orders issue with the concurrence of Ministry of Finance (Department of Expenditure) vide their ID. No. 30-1l33(c)/2016-IC dated 11.05.2017 and ID. No.30-1133(c)/2016-IC dated 12.05.2017.

22. In their application to the persons belonging to the Indian Audit and Accounts Department, these orders issue in consultation with the Comptroller and Auditor General of India.

23. Ministry of Agriculture etc. are requested to bring the contents of these orders to the notice of Heads of Department/Controller of Accounts. Pay and Accounts Officers, and Attached and Subordinate Offices under them on top priority basis. All Ministries/Departments are requested to accord top priority to the work of revision of pension of ore-2016 pensioners/family pensioners and issue the revised Pension Payment Authority in respect of all ore-2016 pensioners,

24. Hindi version will follow.

(Harjit Singh)
Director

EXAMPLES

Source: Pensioners Portal

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