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A.P.

REVISED PENSION RULES - 1980


QUESION & ANSWERS : 1. A. What is meant by compassionate allowance ? Compassionate allowance is a monthly payment sanctioned to a dismissed or removed employee at the discretion of the authority who had imposed the penalty on the employee under rules 40 & 41 of A.P. Revised Pension Rules - 1980. What are the circumstances under which the provisional pension can be sanctioned ? Is there any minimum limit ? Provisional Pension is an interim relief sanctioned under rule 52 of A.P. Revised Pension Rules - 1980 to an employee retired from service on attaining the age of superannuation, but against whom charges / enquiries ae pending as on date of superannuation. Hence final pensionary benefits cannot be sanctioned to him. It has to be sanctioned @ 75 % of the normal entitlement of pension. Proposals have been reached to reduce the pension of an officer, who retired on 31st October, 1999, on the plea that his services are not satisfactory. Can the proposal be accepted ? No. The proposal is not correct as Rule 6 under which such a proposal can be initiated has been deleted from rules in G.O.Ms.No.30 F(pen-1)dated 25-51998. What is meant by Boy service? Can it be considered as a qualifying service ? Service rendered before attaining the age of 18 years is called Boy Services. According to rule 13, in respect of last grade employee entered service before 17-11-1960 and have held a lien in the post, service rendered before attaining the age of 16 years is called Boy Service. Boy service does not count as qualifying service for pension. There are certain interruptions in the service of an employee. Is it necessary to Condone them ? If so whose orders are necessary to Condone them ? According to rule 28 of A.P. Revised Pension Rules - 1980, all interruptions in the service of an employee are treated as automatically condoned without formal orders of the competent authority. Hence, orders of the competent authority condoning interruptions are not necessary. What is meant by addl. Qualifying service ? What are the conditions to allow the addl. Qualifying service ?

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Addl. Qualifying service is an addition allow to the actual qualifying service rendered by an employee retired voluntarily on superannuation, where his service is less than 33 years vide rule 29 & 43 of Pension rules. What is meant by the term emoluments ? Whether DA & HRA are considered for calculation of pensionery benefits ? According to rule 31 of A.P. Pension Rules, emoluments means Pay as defined in FR 9 (21) (a) (I) and allowances such DA & HRA are not treated as emoluments for purpose of pensionery benefits. What are the circumstances under which the average emoluments will be calculated for purposes if pensionery benefits of an employed ? While calculating Pension, average emoluments will be taken into account, instead of emoluments last drawn, where the conditions specified in G.O.Ms.No. 87 F (Pen-1) date 25-05-1998 are not satisfied. The condition specified in G.O.is that he should have been promoted to the post in regular vacancy but not in a leave vacancy. What is the minimum pension admissible to those who retired on or after 01-04-1999 ? The minimum pension payable with effect from 01-04-1999 is Rs: 1,275/- vide G.O.Ms.No.156 F (Pen-1) dated 16-09-1999. Pension has been refused to an employee who has less than 10 years of qualifying service. Is it correct, If so what is the pensionery benefit admissible to the employee ? To become eligible for service pension the employee should have put in a qualifying service of at least 10 years by the date of his retirement. According to rule 45 where, he has not put in 10 years of qualifying service, he will be sanctioned service gratuity alone under rule 45 (i) of A.P. Revised Pension Rules - 1980. What is the difference between service gratuity and retirement gratuity ? Service Gratuity is in lieu of pension where an employee has retired without putting in a qualifying service 10 years sanctioned under rule 45 (1). Where as retirement gratuity is in addition to pension sanctioned under rule 46 of Pension Rules. What is the maximum retirement Gratuity in force from 01-04-1999 ? The maximum retirement Gratuity in force from 04-04-1999 is Rs: 2.5 Lakhs. Is the minimum retirement gratuity ? If so, to whom it is admissible ?

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Yes. Minimum retirement gratuity is allowed in the cases of death while in service as follows. i) Where an employee dies in 1st year of qualifying service, his family is allowed a minimum gratuity calculated at 1 1/2 times the pay last drawn by the deceased employee. Where an employee dies after completion of one year of service but before completion of 5 years of qualifying service, his family is allowed a minimum gratuity calculated at 4 1/2 times the pay last drawn by the deceased employee. Where an employee dies while in service after completion 5 years of qualifying service, his family is allowed a minimum gratuity calculated at 9 times the pay last drawn by the deceased employee. What is the minimum qualifying service prescribed to admit the family pension? To become eligible to receive family pension at normal rate specified in sub rule (2) of rule 50, no minimum qualifying service is prescribed. For eligibility to receive family pension under sub rule (3) of rule 50 at enhanced rate the employee should have put in a qualifying service of not less than 7 yrs. By the time of his death. Who are the family members eligible to claim and receive family pension ? According to sub rule (12) of rule 50, the family members are eligible to receive family pension. Wife or wives in the case of male Government employee. Husband in the case of female Government employee. iii) Sons below the age of 25 yrs. Including adopted daughter whose Personal Law permit such adoption. Unmarried daughters below the age of 25 years. Is there any priority among the family members to receive family pension ? Priority among the family members for payment of family pension is given in sub rule 7 of rule 50. According to that sub rule, when there is wife / husband of the deceased Government employee, no other family member has a claim for family pension. When there is no spouse of the deceased Government employee or she / he has become ineligible to receive family pension byre marriage, then it will be paid to sons the below the age of 25 years in the order of their seniority. one after another. After all the sons have become ineligible, then the family pension will be paid to the unmarried daughters below the age of 25 years as per the their seniority. When both wife and husband who are Government employees have died, can both the family pensions be claimed by the son ?

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Yes. According to sub rule 10 of rule 50, when both wife and husband who are Government employees die, then both the family pensions shall be paid to the eligible son subject to the condition that the amount of both the family pensions put together shall not exceed Rs: 5,190/- per month. Two ladies have submitted pension papers claiming the family pension of a deceased employee each claiming to be his wife, Under such circumstances how to regulate the payment of family pension ? In such cases, family pension has to be paid to such person who obtains and produces succession certificate under the Indian succession Act, 1925 as laid down in Art 80 of A.P. Financial code. When a Muslim employee died while in service and an application has received from a person claiming to be his adopted son can we the pensionary benefits to him ? As there is no provision for adoption in the Muslim Personal law, the claim of adopted son for payment of pensionery benefits in respect of deceased Muslim employee cannot be accepted vide sub rule (12) of rule 50 and sub (5) of rule 46. An employee dies while in service without furnishing nomination and he has no family, under the circumstances, please state to whom the pensionary benefits are to be paid ? According to rule 48, where a Government employee dies while in service, without furnishing nomination and leaving no family, then, the retirement gratuity due shall lapse to Government. What is the maximum amount that can be commuted by a retired employee out of pensionery benefits sanctioned to him ? A pensioner can commute a part of his pension not exceeding 40% of the pension sanctioned to him provided the balance of pension after communication shall not be less than minimum pension specified in sub rule 5 of rule 45 vide rule 3 of commutation rules. An employee who has retired on medical invalidation has submitted an application for commutation with in one month from the date of retirement. Is it necessary to refer the employee in this case for medical examination before allowing commutation ? Yes. Since he has retired on medical grounds, that retired employee must necessarily by referred to medical examination by the competent medical authority, vide G.O.Ms.No.239 Fin, dated 13-09-1982.

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An Officer who had retired on superannuation has submitted application for commutation within one year from the date of retirement But he died before commutation value of pension is paid to him. State whether commutation value of pension is payable to him in this case ? Yes. According to the orders issued in G.O.Ms.No.67 Fin. Date:28-02-1978 and G.O.Ms.No.239 Fin. Dated:23-09-1982 as the application for commutation without medical examination becomes absolute on the day which it is received by the Head of the office, the CVP shall be paid to the nominee / nominees in the event of the death of the retired employee subsequently. Please state whether the pension once commuted can be restored to the pensioner ? Yes. According to the orders issued in G.O.Ms.No.44, Fin.Dated:19-02-1991, the commuted portion of pension shall be restored, to the pensioner on completion of 15 years from the date of retirement if the commutation is simultaneous with retirement. In other cases, the commuted portion of pension shall be restored after the expiry of 15 years from the date of commutation. i.e, the date on which reduction in pension on account of commutation became effective. Please state whether the restored pension can be commuted again ? No. No. pensioner is entitled to commute the restored pension again (G.O.Ms.No.44 Fin. Dated: 19-02-1991.

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