Saturday, April 16, 2011

Central Civil Services (Commutation of Pension) Amendment Rules, 2010, of Commutation Value for Pension


(DEPARTMENT OF PENSION AND PENSIONERS WELFARE) 
  
NOTIFICATION 
  
New Delhi, the 9th November, 2010
  

S.O. 2806 – In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Commutation of Pension) Rules, 1981, namely :-
1. (I) These rules may be called the Central Civil Services (Commutation of Pension) Amendment Rules, 2010, of Commutation Value for Pension, appended to these rules shall be used for all commutation of pension which becomes absolute from the 2nd September 2008 and in the case of pensioners whose commutation of pension became absolute on or after 1st January, 2006 but before 2nd September, 2008, the pre revised Table of Commutation Value for Pension shall be used for payment of commutation of pension based on pre revised pay or pension and in respect of such pensioners, the revised Table of Commutation Value for Pension, appended to these rules shall be used for the commutation of additional amount of pension that has become commutable on account of retrospective revision of pay and pension.

2. In the Central Civil Services (Commutation of Pension) Rules, 1981 –

(I) In the rule 3, sub-rule (I), for clause (d), the following clause shall be substituted, namely :-

"(d) "Retirement gratuity" means the gratuity payable under sub-rule (I) of rule 50 of the CCS (Pension) rules, 1972.";


(2) in rule 5, for sub-rule (3), the following sub-rule shall be substituted, namely :-

"(3) If the percentage of pension to be commuted results in fraction of rupee, such fraction shall be ignored for the purpose of commutation.";

(3) in rule 6, for sub-rule (2), the following sub-rule shall be substituted, namely :-

"(2) In the case of an applicant referred to in rule 9 or rule 10 the commuted value is paid in two or more stages, the reduction in the amount or pension shall be made from the respective dates of the payments as laid down in clause (a) or clause (b) of the proviso to sub-rule (I).";

(4) in rule 9, in sub-rule (3), (a) in clauses (i) and (ii), for the words "two thousand", wherever they cover, the words "six thousand" shall respectively be substituted; and (b) in clause (i), for the word "fraction" the word "percentage" shall be substituted;

(5) in rule 10, (a) for the word "fraction" the word "percentage" shall be substituted; (b) for the words "two thousand", wherever they occur, the words "six thousand" shall be substituted;

(6) after rule, 10, the following rule shall be substituted, namely :-

"10A. Restoration of commuted pension, – The commuted amount of the pension shall be restored on completion of fifteen years from the date the reduction of pension on account of commutation becomes operative in accordance with rule 6:

Provided that when the commutation amount was paid on more than one occasion on account of upward revision of pension, the respective commuted amount of the pension shall be restored on  
completion of fifteen years from the respective date(S).",

(7) in rule 12, in clause (iii), the words "death-cum-" shall be omitted;

(8) in rule 22, in sub rule (I), in clause (b), for the words "two thousand", the words "sis thousand" shall be substituted:

(9) in rule 31, in sub rule (I) for the words "one hundred", wherever they occur, the words "six thousand" shall be substituted; (ii) for the word "fraction" wherever it occurs, the word "percentage" shall be substituted;

(10) in rule 32, for the words "Department of Personnel and Administrative Reforms", the words "Department of Pension and Pensioners Welfare" shall be substituted;

(11) in rule 33, for the words " Department of Personnel and Administrative Reforms", the words "Department of Pension and Pensioners Welfare" shall be substituted;

(12) in rule, 3,4,11,12,13,14,15,16,17,18,19,26 and 27 for the words "fraction" wherever it occurs, the word "percentage" shall respectively be substituted;

(13) for the table appended to these rules, the following table shall be substituted namely :- 
  
TABLE 
  
"Commutation Values For A Pension of Rs.1 Per Annum 
Effective from 1st January, 2006 
  
[see rules3(1)(m)8,26(7), 28(5) and 29(1) and 29(2)] 

EXPLANATORY MEMORANDUM

Due to implementation of the recommendations of the sixth Central Pay Commission, it has becomes necessary to give retrospective effect to the proposed amendments from the date from which the recommendations of the Sixth Pay Commission were given effect to . It is certified that the interest of no person is adversely affected by giving retrospective effect to the proposed amendments.

Note: The Central Civil Services; (Commutation of Pension) Amendment Rules, 1981 were published vide S.O. 1134 dated 11th April, 1981 as amended by notification No.34/1/81 Pension Unit dated the 8th July, 1983 and were subsequently amended vide Department of Pension and Pensioners’ Welfare Notification 

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