Which rules govern pension and gratuity to the employees retiring from Nagaland State Department?

Pension and gratuity of the employees retiring from Government Department is regulated by the Central Civil Services (Pension) Rules, 1,972.Nagalanc1 government does not have its own pension Rules and is following CCS pension Rules 1,972, with amendment and modification.

ls the date of voluntary retirement treated as duty?

Yes, the date of voluntary retirement is treated as duty (Rule 5).

Who is eligible for pension?

A Govt. Servant appointed in a pensionable establishment on or before 01.01.2010 and retires from Government Service with a qualifying service of L[) years or more is eligible for pension (Rule 2, 49).

How is pension calculated?

01.06.2008 pension is calculated @ 50% of emoluments (last pay) or average emoluments (for last 1-0 months), whichever is more beneficial to the retiringly Govt. Servant. (Rule 49.)

Which pay is reckoned as emoluments for pension and gratuity?

The Basic pay as defined in FR 9 (21) (a) (i) is reckoned as emoluments or' pension. However, Non-practicing Allowance granted to Medical Officers is also; included in emoluments. For the purpose of Retirement/Death Gratuity Dearness Allowance admissible on the date of retirement/death is also treated as emoluments.

Can a pension be withheld/ withdrawn on grounds of misconduct after retirement?

Future good conduct is the implied condition for grant/continuance of pension The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct

What is the amount of minimum and maximum pension after Seventh CpC?

The pension shall not be less than Rs.9000/- (excluding the element of additional pension to old pensioners) and shall not be more than 50% of the highest pay in Government i.e. Rs t,25,O0Ol- w.e,f. 01,.06,2017. From where can we download the pension/nomination Forms? All forms are available at the website of Department of pension & pensioner:; Welfare.

Whether older pensioners will get higher rate of pension?

Yes, from 01.06.2008, the quantum of pension/family pension available to old pensioner's/family pensioners has been increased as follow: O.M.No. 38/37 l]B-P&PW(A) dated 02.09.2008.

Age of pensioner/family pensioner	Additional Quantum of Pension
From 80 years to less than 85 year	20% of revised basic pension/family pension
From 85 years to less than 90 year	30% of revised basic pension/family pension
From 90 years to less than 95 year	40% of revised basic pension/family pension
From 95 years to less than 100 year	50% of revised basic pension/family pension
100 years or more	100% of revised basic pension/family pension

ls additional pension admissible to old family pensioners also?

Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

Does all leave period qualify for pension and gratuity?

All leave for which leave salary is payable qualifies for pension and gratuity Extraordinary leave (EoL) on medical certificate (MC) also qualifies for pension and gratuity. EOL without MC qualifies only on account of inability to join duty on civil commotion or when granted for a higher scientific & technical study qualifies.

What is the impact of resignation (other than technical resignation) orr qualifying service and pension?

Resignation (other than technical resignation) entails forfeiture of past service. Therefore, no pension is payable on such resignation.

Who will issue Pensioners identity Card to Retired All India Services Officers?

The pensioners identity card is issued by the Department in which the: employee last worked. In the case of IAS officer retiring while on Central deputation, the identity Card may be issued by concerned Ministry, Department. In case of officer retiring from State Government, the identity Card may be issued by the concerned State Government.

What is the meaning of the following terms?

• Pension Disbursing Authority
• Pension Sanctioning Authority
• PPO lssuing Authority

Pension Disbursing Authority	Bank Branch/Treasury/Post/PAO Office paying your pension
Pension Sanctioning Authority	The authority who sanctioned your pension before forwarding the case to A.c (A&E) Nagaland.
PPO lssuing Authority	Generally, P.A.G (A&E) Nagaland.

Can a pension account be opened in any branch of any bank?

No, a pension account cannot be opened in any branch of any bank. There is list of public sector and private sector banks in each State in which a pensioner account may be opened.

Can the Excess payment, if any, credited to the pensioners account be recovered by the bank?

Before commencing payment of Pension, the paying branch is required to obtain an undertaking in the prescribed form Annexure-Xl of the Scheme form the pensioner. On the strength of this undertaking the excess payment, if any, credited to his/her account can be recovered by the paying branch.

Family pension is payable up to which period and in which order of member of family?

Family pension is payable to one member of the family at a time in the order and for the period as under:

• In the case of a widow or widower, up to the date of death or remarriage, whichever is earlier.
• Children below 25 years of age in the order of their age, up to 25 year!; of age or till they get married or till they start earning more than the amount of minimum family pension along with dearness allowance thereon.
• For the lifetime to any son/daughter who is suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled and who is unable to earn a living.
• Family pension may be paid to the parents who were wholly dependent on the Govt. Servant when he/she was alive.

Whether retirement gratuity/death gratuity, commuted value of the pension is taxable?

No. Death gratuity/retirement gratuity and commuted value of the pension are: fully exempted from Income tax. 20.

Is there any ceiling on gratuities and if so what is the maximum amount ad admissible?

Yes. Ceiling on all gratuities has been raised to Rs. 20 lakh w.e.f 01.01.2018 (earlier the limit was Rs. 10 lakhs). DA admissible on the date of retirement is also to be added with pay for calculation of gratuity.

How much of the pension can be commuted?

A pensioner can opt to commute up to 40% of the pension admissible at the time of retirement.

Is there any restriction o commutation of pension?

Yes, No Government servant against whom departmental or judicial proceedings as referred to in Rule 9 of the Pensions Rules, have been instituted before the date of his retirement or the pensioner against whom such proceedings are instituted after the date of retirement, shall be eligible commute a fraction of his provisional pension authorized under  Rule 69 of the Pension Rules or the pension, as the case may be, during the pendency of such proceeding

Whether the family can be given the benefit of 40 per cent commutation if  pensioner dies before exercising option?

No, since the commutation does not become absolute in such cases the benefit cannot be given to the family.

How does the period of 15 years for restoration of commuted portion off pension reckon?

The 15-year period for restoration may be reckoned from the date of retirement itself only in case where the payment of commuted value of pension was/is made during the first month of retirement leading to appropriate, reduction on account of commutation in the first pension itself. In all other cases, where the commutation of pension led/leads to a reduction in the, second or subsequent month, the 1-5- year period will be reckoned from the date on which reduction in pension became/becomes effective.

What will be the date of restoration of additional commutation of pension?

The commuted portion of pension shall be restored after 15 years from the, respective dates of commutation as provided in Government of India  Decision No. 1 under the Rule 10 CCS (Commutation of Pension) Rules, 1981-. Necessary endorsement should be made on PPO.

ls the Dearness relief payable on original basic pension or on reduced pension after commutation?

Dearness relief is payable/calculate on the original basic pension.