Notification regarding Indian administrative Service (Commutation of Pensions) Amendment Regulations, 2013
No.29018/16/2012-AIS (II)
Government of India
Ministry of Personnel, Public Grievances and pension
(Department of Personnel & Training)
North Block, New Delhi
Dated:17/10/2013
To
The Chief Secretaries of all the
State Government and UTs.
Subject:
Notification regarding Indian administrative Service (Commutation of Pensions) Amendment Regulations, 2013.Sir/Madam,
I
am directed to forward herewith a copy of Indian Administrative Service
(Commutation of Pensions) Amendment Regulations, 2013 notified in the
Gazette of India (extraordinary) vide G.s.R. No.647 (E) dated
20/09/2013, for necessary action.
yours faithfully,
Sd/-
Manoj Kumar Dwivedi
Director (Services)
Ph: 011-23092483
MINISTRY OF PERSONNEL,
PUBLICE GRIEVANCES AND PENSIONS (Department of Personnel and Training)
NOTIFICATION
New Delhi, the 20th September, 2013
G.S.R. 647(E)
– In exercise of the powers conferred by sub-section (1), read with sub
– section (1A) of Section 3 of the All India Services Act, 1951 (61 of
1951) and in pursuance of rule 25 of the All India Services (Death – Cum
– Retirement Benefits) Rules, 1958 the Central Government, after
consultation with the Government of the States concerned,hereby makes
the following regulation further to amend the all India Services
(Commutation of Pension) Regulations, 1959, namely:-
1. (i) These regulations may be called the All India Services (Commutation of Pensions) Amendment Regulations, 2013
(ii) They shall be deemed to have come into force with effect from the 2nd September, 2008
2.
In the All India Services (Commutation of Pension) Regulations, 1959
(hereinafter referred to as the said regulations), in regulation 3,
(a) in Sub-regulation (1),
i) for the second proviso, the following provisos shall be substituted, namely:-
“provided
further that if a member of the Service retiring between the 1st day of
January, 2006 and the 1st day of September, 2008 has opted for
retaining the pre-revised scale of pay, the commutation of pension in
such case shall be admissible in accordance with the rules and orders in
force prior to the 1st day of January, 2006”
“Provided also that
for those members of service whose commutation of pension became
absolute on or after the 1st day of January, 2006 but before the 2nd day
of 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
regulations shall be used for the commutation of additional amount of
pension that has become commutable on account of retrospective revision
of pay and pension.”
(b) for sub-regulation (2) the following sub-regulation shall be substituted, namely:-
“(2)
if fraction of pension is to be commuted results in fraction of a
rupee, such fraction of a rupee shall be ignored for the purpose of
commutation”.
(3) In regulation 4A of the said regulations, after the third proviso, the following proviso shall be inserted, namely:-
“Provided
also 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”.
(4) After regulation 4A of the said regulations, the following regulation shall be inserted, namely:
“4B
retrospective revision of final pension – a member of service who has
commuted a percentage of his final pension and after commutation his
pension has been revised and enhanced retrospectively as a result of
Government’s decision, the member of service shall be paid the
difference between the commuted value determined with reference to
enhanced pension and the commuted value already authorized. For the
payment of difference, the applicant shall not be required to apply
afresh;
Provided that in the case of an applicant who has
commuted a percentage of his original pension not exceeding rupees six
thousand after being declared fit by a civil surgeon or a District
Medical Office and as a result of retrospective enhancement of pension,
he becomes eligible to commute an amount exceeding six thousand rupees
per mensem, he shall be allowed the difference between the commuted
value of rupees six thousand per mensem and the Commutation of any
further amount beyond rupees six thousand per mensem shall be treated as
fresh commutation and allowed subject to examination by a Medical
Board.
(5) In regulation 5 of the said regulations, in
sub-regulation (5), in the Note, the words or fraction”. wherever they
occur, shall be omitted.
(6) In regulation 7A of the said regulations:-
(a) in sub-regulation (1), the word ‘State”shall be omitted:
(b) In sub-regulation (3), the Following proviso shall be inserted, namely:-
“Provided
that in case of retirement on superannuation, the commutation of
pension shall become absolute on the date following the date of his
retirement if he had applied for commutation before retirement.”
(7) For Schedule B of the said regulations, the following Schedule shall be substituted, namely:-
THE GAZETTE OF INDIA:EXTRAORDINARY
SCHEDULE “B”
commutation Values For a Pension of Rs. 1 Per Annum
Effective from 1st January, 2006
(See Regulation 7 (2) )
| Age Next birthday | Commutation value expressed as number of year’s purchase | Age next birthday | Commutation value expressed as number of year’s purchase | Age next birthday | Commutation Value expressed as number of year’s purchase |
| 20 | 9.188 | 41 | 9.075 | 62 | 8.093 |
| 21 | 9.187 | 42 | 9.059 | 63 | 7.982 |
| 22 | 9.186 | 43 | 9.040 | 64 | 7.862 |
| 23 | 9.185 | 44 | 9.019 | 65 | 7.731 |
| 24 | 9.184 | 45 | 8.996 | 66 | 7.591 |
| 25 | 9.183 | 46 | 8.971 | 67 | 7.431 |
| 26 | 9.182 | 47 | 8.943 | 68 | 7.262 |
| 27 | 9.180 | 48 | 8.913 | 69 | 7.083 |
| 28 | 9.178 | 49 | 8.881 | 70 | 6.897 |
| 29 | 9.176 | 50 | 8.846 | 71 | 6.703 |
| 30 | 9.173 | 51 | 8.808 | 72 | 6.502 |
| 31 | 9.169 | 52 | 8.768 | 73 | 6.296 |
| 32 | 9.164 | 53 | 8.724 | 74 | 6.085 |
| 33 | 9.159 | 54 | 8.678 | 75 | 5.872 |
| 34 | 9.152 | 55 | 8.627 | 76 | 5.657 |
| 35 | 9.145 | 56 | 8.572 | 77 | 5.443 |
| 36 | 9.136 | 57 | 8.512 | 78 | 5.229 |
| 37 | 9.126 | 58 | 8.446 | 79 | 5.018 |
| 38 | 9.116 | 59 | 8.371 | 80 | 4.812 |
| 39 | 9.103 | 60 | 8.287 | 81 | 4.611 |
| 40 | 9.090 | 61 | 8.194 | | |
(Basis: LIC (94-96) Ultimate Tables and 8.00% interest)
EXPLABATORY MEMORANDUM:
Due
to implementation of the recommendation of the Sixth Central Pay
Commission, it has become necessary to give retrospective effect to the
proposed amendments form the date from which the recommendation of the
Sixth Central 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.
The revised Table 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.
8.
In Forms D&E appended to these regulations, for the word
“fraction”, wherever it occurs, the word “percentage”shall be
substituted.
(F.NO.29018/21/2012-AIS-II)
MANOJ KUMAR DWIVEDI, Director (services)