Implementation of Government’s decisions on the recommendations of the Seventh Central Pay Commission – Revision of pension of pre-2016 pensioners / family pensioners
F.No.38/ 02(01)/ 2020-P&PW(A)[6827]
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
Dated : 12.11.2020
Office Memorandum
Subject: Implementation of Government’s decisions 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, in implementation of the decisions taken by the Government on the recommendations of Seventh Central Pay Commission, various orders/ instructions/ clarifications have been issued by this Department from time to time for revision of pension /family pension, with effect from 01.01.2016, of all pre-2016 pensioners/ family pensioners. With a view to facilitate easy access and reference to all the orders/ instructions issued in this respect, these orders/ instructions have been consolidated and are enclosed as Annexure. The details of the original OMs/ orders have been indicated in the consolidated instructions. These original OMs/ orders are also available on the website of this Department (https://pensionersportal.gov.in).
2. It is requested that these consolidated orders/ instructions may be brought to the notice of all concerned for information, guidance and necessary action.
Ruchir Mital
Dircctor(PP)
Annexure
Consolidated orders/ instructions issued in implementation of the decisions taken by the Government on the recommendations of Seventh Central Pay Commission, for revision of pension/ family pension, with effect from 01.01.2016, of pre-2016 pensioners/ family pensioners.
1.0 Applicability
1.1 These orders/ instructions apply to all pensioners /family pensioners who were drawing pension/ family pension before 01.01.2016 under the Central Civil Services (Pension) Rules, 1972, Central Civil Services (Extraordinary Pension) Rules 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 1.1.1973. 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 have been issued in respect of employees who retired / died on or after 01.01.2016.)
1.2 Separate orders have been issued by the Ministry of Defence in regard to Armed Forces pensioners/ family pensioners.
1.3 These orders also 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.
(Department of Pension & PW OM No. 38/37/ 2016-P&PW(A) (ii) dated 04.08.2016]
2.0 Definitions
In these orders:
(a) ‘Existing pensioner’ or ‘ Existing Family pensioner’ means a pensioner/family pensioner to whom these orders arc applicable in terms of para 1 above.
(b) ‘Existing pension’ ‘Existing Family Pension’ means the basic pension (inclusive of commuted portion, if any) or basic family pension, as had been fixed at the time of implementation of 6th CPC recommendations, which an existing pensioner or family pensioner was entitled to.
3.0 Revision of pension/ family pension by multiplying the pre-revised pension/ family pension by 2.57
3.1 For existing pensioners, who have retired before 01.01.2016, the revised pension /family pension with effect from 01.01.2016 shall be determined by multiplying the pension / family pension, as had been fixed at the time of implementation of 6th Central Pay Commission (CPC) recommendations by 2.57. The amount of revised pension / family pension so arrived at shall be rounded off to next higher rupee.
3.2 For this purpose, the existing pension /family pension will be the basic pension / family pension only without the element of additional pension available to the old pensioners/ family pensioners of the age of 80 years and above.
3.3 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.
3.4 Where the revised pension /family pension works out to an amount less than Rs. 9000/ – , the same shall be stepped up to Rs. 9000/- . This will be regarded as pension / family pension with effect from 01.01.2016.
3.5 All Pension Disbursing Authorities including Public Sector Banks handling disbursement of pension to the Central Government pensioners arc hereby authorised to pay pension /family pension to existing pensioners /family pensioners at the revised rates in terms of the above instructions without any further authorisation from the concerned Accounts Officers/ Head of Office Wherever the age of pensioner /family pensioner is available on the pension payment order, the additional pension / family pension may also be paid by the pension disbursing authorities immediately without any further authorisation from the concerned Account Officer /Head of Office, etc.
3.6 A suitable entry regarding the revised pension shall be recorded by the pension Disbursing Authorities in both halves of the Pension Payment Order.
(Department of Pension & PW OM No. 38/ 37 / 2016-P&PW (A) (ii) dated 04.08.2016)
(Further orders for rcv1s1on of pension by notional pay fixation method, as in para 4.0 below, have been issued vide OM No. 38/37/2016-P&,PW (A) dated 12.05.2017.)
4.0 Revision of pension / family pension by notional pay fixation
4.1 The 7th Central Pay Commission, 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.
4.2 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 38/37/ 2016- P&PW (A) (ii) dated 04.08.2016. It was provided in this O.M. that the revised pension /family pension w.e.f. 01.01.2016 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 61h CPC, by 2.57.
4.3 In accordance with the decision mentioned in this Department’s Resolution 38/37/2016P&PW (A) dated 04.08.201 6 and OM No. 38/ 37/ 2016 P&PW(A) (ii) dated 04.08.2016, the feasibility of the first option recommended by 7th CPC was examined by a Committee headed by Secretary, Department of Pension &, Pensioners’ Welfare.
4.4 The aforesaid Committee submitted its Report and the recommendations made by the Committee have been considered by the 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. While 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 notion al pay shall be the revised family pension w.c. L 1 .1 .2016 as per the first Formulation. 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.
4.5 It has also been decided that higher of the two Formulations i.e. 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 above instructions, 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. 01.01.2016 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 the above instructions, the pension/ family pension already being paid shall be treated as revised pension/family pension w.e.f. 01.01.2016.
4.6. 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.
4.7 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 01.011986. In the case of those Government servants who retired or died on or after 01.01.1986 but before 1.1.2016, 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 01.01.2016 in accordance with the above instructions.
4.8 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 M. No. 38/37/2016 P&PW(A)(ii) dated 4.8.201 6.
4.9. A few examples of calculation of pension / family pension m the manner prescribed above arc given in Appendix I.
4.10 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.
4.11 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.
(Department of Pension & PW OM No. 8/ 37/ 2016-P&PW (A) dated 12.05.2017)
5.0 General Instructions
5.1 The minimum pension with effect from 01.01.2016 will be Rs.9000/ per month (excluding the clement of additional pension to old pensioners). The upper ceiling on pension /family pension will be 50% and 30% respectively of the highest pay in the Government (The highest pay in the Government is Rs. 2,50,000 with effect from 01.01 .2016).
5.2 The pension / family pension as worked out in accordance with provisions of Para 3.0 and 4.0 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.
5.3 The existing instructions regarding regulation of dearness relief to employed/ re- employed pensioners/ family pensioners , as contained in Department of Pension & Pensioners Welfare O.M. No. 45/ 73/97 P&PW{G) dated 02.07.1999, as amended from time to time, shall continue to apply.
5.4 The pension of the pensioners who arc drawing monthly pension from the Government on permanent absorption in public sector undertakings/ autonomous bodies will also be revised in accordance with these orders.
5.5 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.
5.6 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.
5.7 The quantum of age related pension / family pension available to the old pensioners/ family pensioners shall continue to be as follows:
| Age of pensioner/family pensioner | Additional quantum of pension |
|---|---|
| From 80 years to less than 85 years | 20% of revision basic pension/family pension |
| From 85 years to less than 90 years | 30% of revised basic pension /family pension |
| From 90 years to less than 95 years | 40% of revised basic pension/family pension |
| From 95 years to less than 100 years | 50% of revised basic pension/family pension |
| 100 years or more | 100% of revised basic pension/family pension |
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.
(Department of Pension & PW OM No. 38/ 37/ 2016-P&PW (A)(ii) dated 4.08.2016 and OM No. 38/ 37/ 2016-P&PW (A) dated 12.05.2017)
6.0 Concordance Tables for revision of pension
6.1 It was provided in Department of Pension & PW’s O.M. No. 38/ 37 / 2016- P&PW (A) dated 12.05.2017 that the revision of pension will be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay. Based on the fitment tables provided by the Department of Expenditure, concordance tables for fixation of notional pay and pension / family pension of employees who retired/ died in various grades during the 4th, 5th and 6th Pay Commission periods have been prepared. ln the case of those employees who retired/ died before 01.01.1986, these concordance tables may be used based on their notional pay as on 01.01.1986, which was fixed in accordance with this Department’ s OM No. 45 /86 /97- P&PW(D)(iii) dated 10.02.1998.
6.2 Separate tables have been given in respect of pre-01.01.2016 pensioners who retired in the Group ‘D’ pay scales corresponding to 5th CPC grade pay of Rs. 1300/- Rs. 1400/, Rs. 1600/ and Rs. 1650 / (Table No. l to Table No. 4) and for pensioners who retired during 6th CPC period after upgradation to the Grade pay of Rs. 1800/ (Table No.5 to Table No.8). The pension /family pension of such pensioners/family pensioners may be revised using the appropriate Table.
6.3 These concordance tables have been prepared to facilitate revision of pension of prc-2016 pensioners/ family pensioners by the concerned pension sanctioning authoritics. Due care has been taken to prepare these concordance tables based on the fitment tables for fixation of pay from 4th to 5th 5th to 6th and 6th to 7th Pay Commission. In case of any inconsistency in the concordance tables vis-a-vis the relevant rules / instructions, the notional pay and pension / family pension of pre 2016 pensioners/ family pensioners may be fixed in accordance with the rules/ instructions applicable for fixation of pay in the intervening Pay Commission periods.
6.4 It is requested that the pension of pre 2016 pensioners / family pensioners may be revised w.e.f. 01.01.2016 in accordance with the instructions contained in this Department’s OM of even no dated 12.05.201 7 and using the concordance tables enclosed herewith.
(The concordance tables were circulated vide Department of Pension & PW OM No. 38/ 37/ 2016-P&PW (A} dated 06.07.2017.)
6.5 Due to some errors in the tables, modified Tables No. 43 and 44 relating to Level 13 were circulated vidc OM No. 38/37 / 2016 P&PW (A) dated 18.07.2017, modified Tables No. 51 and 52 relating to Level 14 were circulated vide OM No. 38/ 37/ 2016-P&PW (A) dated 13.09.2017 and modified Table No. 29 relating to Level 9 was circulated vide OM No. 38/37/ 2016 P&PW (A) dated 18.06.2020. These OMs/ Tables/ modified tables are available on the website of this Department (https://pensionersportal.gov.in).
7.0 Revision of pension w.e.f. 1.1.2006 of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500- 10500/ – or equivalent pay scale in the earlier Pay Commission periods.
7.1 Instructions have been issued vide this Department’s OM of even number dated 4.1.2019 that for the purpose of revision of pension / family pension w.e.f. 1.1.2006 under para 4.2 of the O. M . dated 1.9.2008, the Grade Pay of Rs. 4600/ may be considered as the corresponding Grade pay in the case of pre-2006 pensioners who retired / died in the 5th CPC scale of Rs. 6500- 10500/ – or equivalent pay scale in the earlier Pay Commission periods. It was also provided that the revised pension w.e.f. 1.1.2006 in terms of para 4.2 of OM dated 1.9.2008, for the pre-2006 pensioners who retired from the pay scale of Rs, 6500-10500/ – in the 5th CPC or equivalent pay scales in the earlier Pay Commissions would be Rs. 8345/-. The entries at serial number 13 in the annexure of this Department’ s OM No. 38/ 37 / 08-P&PW(A) dated 28.1.2013 were also revised accordingly.
7.2 This Department has issued concordance tables for revision of pension, w.e.f. 1.1.2016, of pre-2016 pensioners by notional fixation of pay in the 7rh CPC vide this Department’s OM dated 6.7.2017 , Tables No.24 & 25 in these concordance tables indicated the revised pension / family pension based on the corresponding 6th CPC grade pay of Rs. 4200/- in respect of pre-2006 pensioners/ family pensioners who retired / died in the 51h CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods. Consequent on the decision to consider the Grade Pay of Rs. 4600/- as the corresponding Grade pay in the case of pre- 2006 pensioners who retired / died in the 5th CPC scale of Rs. 6500-10500/- or equivalent pay scale in the earlier Pay Commission periods and based on the fitment tables provided by Ministry of Finance (Department of Expenditure), Tables No.24 & 25 have been revised. Accordingly, revised concordance Tables No. 24 & 25 are enclosed herewith (Appendix-II) .
7.3 All the Ministries / Departments are requested to revise pension/ family pension w.e.f. 01.01.2016 in respect of pre-2006 pensioners/ family pensioners who retired/ died in the 5th CPC scale of Rs.6500-10500/ – or equivalent pay scale in the earlier Pay Commission periods using the concordance tables enclosed herewith. The other provisions / instructions for revision of pension of pre-2016 pensioners, as contained in this Departmen t’s OM of even number dated 12.5.2017 and 6.7.2017 will remain unchanged.
(Department of Pension & PW OM No. 38/ 33/ 12-P&PW (A) dated 9th July. 2019)
8.0 Revision of pension of prc-2016 retired medical officers.
8.1 In the case of medical officers, the emoluments reckoned for calculation of pension include Non practicing Allowance (NPA). The pay of the medical officers is revised in accordance with the specific provision made in the Revised Pay Rules. The manner in which the pay of the medical officers is to be revised w.e.f. 1.1.2016 is prescribed in Rule 7 of the CCS (Revised Pay) Rules, 2016. Accordingly, for the purpose of revision of pension of prc2016 retired medical officers in accordance with this Department’s O.M. dated 12.05.2017, their pay will be notionally revised w.e.f 1.1.2016 based on the formula for revision of pay as applicable to the medical officers in the 7th CPC as well as in the intervening Pay Commissions. NPA at the rate as applicable as on 01.01.2016 shall be added to such notional pay as on 1.1.2016 to arrive at pension / family pension of retired medical officers w.e.f. 1.1.2016.
8.2 NPA to serving medical officers has been revised @ 20%) of basic pay w.e.f. 1.7.2017. Accordingly, the pension / family pension of retired medical officers shall be further revised w.e.f. 1.7.2017 by adding NPA @ 20% to the notional pay as on 1.1.2016, instead of the NPA admissible as on 01.01.2016.
8.3 The revision of pension / family pension of retired medical officers in the above manner will be further subject to the condition that the notional pay as on 1.1.2016 plus NPA docs not exceed the average of basic pay of the revised scale applicable to the Apex Level and the level of Cabinet Secretary.
(Department of Pension & PW OM No. 38/ 37/ 16-P&PWA)( iii) dated 11.9.2017)
9.0 Revision of Disability Pension/ Family pension under CCS (EOP) Rules of Pre-2016 disability pensioners/ Family Pensioners
9.1 Orders were issued vide D/o. P&PW’s OM No.38/37/2016- P&P&W(A)(ii) dated 04.08.2016 for revision of pension/ family pension of pre-2016 pensioners/ family pensioners, including those drawing pension /family pension under CCS(EOP) lules. In terms of the aforesaid OM, the revised disability pension / family pension under CCS(EOP) w.e.f. 01.01.201 6 was required to be determined by multiplying the disability pension / family pension, as had been fixed at the time of implementation of the 6th Central Pay Commission recommendations, by 2.57.
9.2 Subsequently, vide this Department’s OM No.38/ 37 / 2016 P&PW(J) dated 12 May, 2017, it was decided that the revised pension /family pension w.e.f 01.01.2016 in respect of all Central civil pensioners/ family pensioners, including CAPFs who retired / died prior to 01.01.2016 and drawing pension / family pension under CCS (Pension) Rules may be revised by notionally fixing their pay in the pay matrix recommended by 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. While 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.
9.3 The question of revision of disability pension /family pension under CCS(EOP)Rules by pay fixation method has been considered by the Government. It has been decided that the disability pension / family pension under CCS (EOP) Rules will also be revised by notionally fixing the pay in the pay matrix recommended by the 7th CPC in the aforesaid manner. Accordingly, disability pension /family pension under CCS(EOP) Rules w.c.f. 0 l .01.2016 will be revised in the following manner:
I. Family Pension for Categories B & C
(a) Where the deceased Government servant was not holding a pensionable post:
40% of notional pay as on 01.01 .2016 subject to a minimum of Rs.11 ,700 / per month.
(b) Where the deceased Government servant was holding a pensionable post:
60% of notional pay as on 01.01.2016 subject to a minimum of Rs.18,000 /- per month.
In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/ motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS ( Pension) Rules. Dependent parents/ brothers/ sisters etc. shall be paid family pension one- half the rate applicable to widows/ fatherless or motherless children.
II. Family Pension under Categories D & E
(a) Family pension to the widow shall be equal to the notional pay as on 01.01.2016
(b) If the Government servant is not survived by his widow but is survived by child /children only, all children together shall be eligible for family pension at the rate of 60% of the notional pay as on 01.01.2016 subject to a minimum of Rs. 18,000/-.
(c) If the Government servant died as a bachelor or as a widower without children, family pension will be admissible to parents without reference to pecuniary circumstances, at the rate of 75% of the notional pay as on 01.01.2016, if both parents arc alive, and at the rate of 60% if only one of them is alive.
III. Disability Pension for Categories B & C
(a) Disability pension would comprise of a service clement equal to 50% of the notional pay as on 01.01.2016 plus disability clement equal to 30% of the same notional pay, for 100% disability.
(b) For disability 1ess than 100%, disability clement shall be reduced proportionately subject to the provisions of Rule 8 of CCS (EOP) Rules and subject to minimum disability pension of Rs.18,000/ per month.
IV. Disability Pension for Categories D
(a) Disability pension would comprise of a service clement equal to 50% of the notional pay as on 01.01.2016 and disability clement equal in amount to normal family pension.
(b) For lower percentage of the disability, the disability pension would be proportionately lower subject to the provisions of Rule 8 of CCS (EOP) Rules and subject to a minimum disability pension of Rs.18,000/- per month.
V. Disability Pension for Cases under Category E
(a) Disability pension would comprise of a service clement equal to 50% of the notional pay as on 01.01.2016 and disability element equal to the same notional pay as on 01.01.2016 for 100% disability.
(b) For lower percentage of the disability, the disability clement shall be proportionately lower subject to the provisions of Rule 8 of CCS (EOP) Rules.
9.4 It has also been decided that the higher of the two formulations, i.e. the disability pension /family pension under CCS(EOP) Rules already revised in accordance with this Department ‘s OM No.38/37/2008 P&PW(A)(i) dated 4.8.2016 or revised disability pension /family pension under CCS(EOP) Rules worked out in accordance with above instructions, shall be granted to pre 2016 disability pensioners/family pensioners under CCS(EOP) Rules w.e.f. 01.01.2016. In cases, where disability pension / family pension being paid w.e.f 01.01.2016 in accordance with this Department’ s OM No.38/ 37 / 2008 P&PW(A)(ii) dated 4.8.2016 happens to be more than the disability pension /family pension as worked out in accordance with above instructions, the disability pension /family pension already being paid shall be treated as revised disability pension / family pension under CCS(EOP)Rules with effect from 01.01.2016.
9.5 The limit of maximum pension and family pension under para 8 of Department of Pension and Pensioners’ Welfare OM dated 12.05.2017 would not be applicable for disability pension under CCS(EOP)Rules.
9.6 All other terms and conditions of OM No. 38/37/2016 P&PW(A) dated 12th May 2017, in so far as they are relevant in the case of disability pension and family pension under CCS(EOP) Rules would also be applicable for revision of disability pension and family pension under CCS(EOP) Rules with effect from 01.01.2016.
9.7 These orders shall apply to all pensioners / family pensioners who were drawing disability pension /family pension before 01.01.2016 under the CCS (EOP) Rules or the corresponding rules applicable to Railway pensioners and pensioners of All India Services and will also be applicable to those pensioners/family pensioners who were granted disability pension /family pension in terms of this Department’s OM No. 38/ 41/06 ( P&PW(A) dated 05.05.2009 on death / disability of Government Servant covered by the National Pension System.
(Department of Pension & PW OM No.1/ 4/ 2016-P&PW (F) dated 12. 10.2017)
10.0 Enhancement of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.
10.1 At present Fixed Medical Allowance (FMA) is granted to the Central Government pensioners/ family pensioners residing in areas not covered under Central Government Health Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/ Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Orders were issued vide this Department’s O.M. No. 4/ 25/2008-P&PW(D) dated 19·11·2014 for enhancement of the amount of Fixed Medical Allowance from Rs. 300/- to Rs. 500/ per month w.e.f. 19.11.2014.
10.2 Consequent upon the decision taken by the Government on recommendations of 7th Central Pay Commission on the on Allowances (with modifications), sanction of the President is hereby conveyed for enhancement of the amount of Fixed Medical Allowance from Rs.500 /- to Rs.1000 / per month. The other conditions for grant of Fixed Medical Allowance shall continue to be as contained in this Department’s OMs No. 45/ 57/ 97· P&PW(C} dated 19.12.1997, 24.8.1998, 30. 12.1998, 18.8.1999 and OM No. 4 / 2)/ 2008 -P&PW(D) dated 19.11.2014.
10.3 These orders will take effect from 01.07.2017.
(Department of Pension & PW OM No. No.4/ 34/ 2017-P&PW( D) Dated the 19th July, 2017)
11.0 Enhancement of Constant Attendant Allowance.
11.1 At present Constant Attendant Allowance (CAA) is Granted to pensioners who retired on disability pension under the CCS(Extraordinary Pension) Rules 1939, ‘with 100% disability (where the individual is completely dependent on somebody else for day-to day function). The Constant Attendant Allowance is paid in addition to the disability pension. The present rate of Constant Attendant Allowance admissible is Rs. 4500/- per month .
11.2 Consequent upon the decision taken by the Government on the recommendations of the 7th Central Pay Commission on Allowances, Government has accepted the recommendation of 7th Central Pay Commission to increase the Constant Attendant Allowance by a factor 1.5, i.e. to Rs. 6750/ per month. Accordingly, sanction of the President is hereby conveyed for enhancement of the amount of Constant Attendant Allowance from the existing Rs. 4500/- to Rs. 6750/ per month.
11.3 These orders will take effect from 01 .07.2017.
11.4 The rate of Constant Attendant Allowance payable to civilian pensioners shall be increased by 25% every time the dearness allowance on the revised pay in the pay matrix increases by 50%.
(Department of Pension & PW OM No.1/ 4/ 2017-P&PW (F) Dated the 2nd August, 2017 and 3rd October, 2017)
12.0 Applicability to pensioners who had earlier drawn one time lump sum terminal benefits on absorption in public sector undertakings, etc
12.1 Those pensioners who had earlier drawn one time lump sum terminal benefits on absorption in public sector undertakings, etc. and whose full pension has been restored in accordance with this Department’s 0.M. No. 4/34/2002- P&PW(D) (Vol. II) dated 23.06.2017, shall also be eligible for revision of pension w.e.f. 1.1.2016 in accordance with these instructions.
(Department of Pension & PW O.M. No. 4/ 34/ 2002-P&PW(D) (Vol. II) dated 23.06.2017)
13.0 Revision of provisional pension sanctioned under Rule 69 of the CCS (Pension) Rules, 1972
13.1 Instructions were issued vide this Department’ s OM of even number dated 30. 1 1 .2016 for extending the benefit of OM dated 4.8.2016 to the following categories of pensioners drawing provisional pension under Rulc-69 of the CCS (Pension ) 1ulcs, 1972:
(i) Retired before 1.1.2016 and sanctioned provisional pension under Rule 69 of the CCS Pension) Rules on account of departmental /judicial proceedings or suspension.
(ii) Suspended before 01.01.2016 and sanctioned provisional pension, based on their pre-revised pay under Rule 69 of the CCS ( Pension) Rules on retirement on or after 1.1.2016.
13.2 It has now been decided that provisional pension sanctioned in the above cases may be revised w.e.f. 1.1.2016 in accordance with the instructions contained in this Department’s OM No.38/ 37 / 201 6 P&,PW(A) dated 12th May, 2017. Higher of the two formulations i.e. OM dated 4.8.2016 or OM dated 12.5.2017 would be the revised provisional pension w.e.f. 01.1.2016 in such cases.
(Department of Pension & PW OM No. 38/ 49 / 16 – P&PW {A) Dated the 12th February, 2018)
14.0 Regulation of pension and other retirement benefits of Government servants who were on Extraordinary leave/ unauthorized absence/ suspension as on 1.1.2016 and retired / died thereafter without joining duty.
14.1 In accordance with Rule 33 of the CCS (Pension) Rules, for calculation of pension, the expression ‘ emoluments’ means basic pay as defined in Rule 9(21) (a) (i) of the Fundamental rules which a Government servant was receiving immediately before his retirement or on the date of his death. In accordance with Note 3 under this rule, if a Government servant immediately before his retirement or death while in service had been absent from duty on extraordinary leave or had been under suspension, the period whereof does not count as service, the emoluments which he drew immediately before proceeding on such leave or being placed under suspension shall be the emoluments for the purpose of this rule.
14.2 Doubts have been raised in regard to the manner in which the pension and other retirement benefits of Government servants, who were on extraordinary leave/ unauthorized absence/ suspension as on 1.1.2016 and retired / died thereafter without joining duty, would be regulated. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and the following clarifications arc issued:
| Category of Government Servant | Manner in which pension and other pensionery benefits are to be regulated |
|---|---|
| Government servant, who awtraordinary leave/unauthorized absence the period whereof does not count as qualifying service as on 1.1.2016 and retired/dicd thereafter without joining duty | In accordance with Rule 33 of CCS(Pension) Rules, 1972, the basic pay which he drew immediately before proceedings on such leave shall be the emoluments for the purpose of pension. The pension/family pension thus calculated will be revised in the accordance with the instructions contained in the Department’s O.M. No.38/37/16-P&PW(A) dated 12.05.2017 read with O.M.No.38/37/16-P&PW(A)(ii) dated 04-08-2016 and will be paid to the pensioner/family pensioner from the date it becomes due. For the purpose of gratuity, the emoluments shall also include Dearness Allowance (as per 6th CPC) admissible on the date of retirement/death of the Government servant. |
| Government servant, who was on extraordinary leave the period whereof counts as qualifying service as on 1.1.2016 and retired/died thereafter without joining duty | The pay of such a Government servant will be notionally revised w.e.f 1.1.2016 and this notionally revised basic pay will be reckoned as emoluments for the purpose of pension For the purpose of gratuity, the emoluments shall also include Dearness Allowance (as per 7th CPC) admissible on the date of retirement/death of the Government servant. His pension/family pension, commutation of pension and gratuity will be regulated in accordance with the instructions contained in this Department’s O.M.No.38/37/16-P&PW(A) dated 12.05.2017 read with O.M.No38/37/16 P&Pw(A)(i) dated 04.08.2016 and will be paid to the pensioner/family pensioner from the date it becomes due. |
| Government servant, who was under suspension as on 1.1.2016 and retiredthercafter without joining duty | Such a Government servant, on retirement, is entitled to only provisional pension. The emoluments which he drew immediately before suspension shall be the emoluments for the purpose of provisional pension. This provisional pension will be revised in accordance with Department’s O.M.No.38/49/16-P&PW(A) dated 12.02.2018. The provisional pension will be reviewed/regularized on conclusion of the department/judicial proceedings and issue of final orders thereon |
(Department of pension & PW OM No.38/37/2016-P&PW(A) dated 22.06.2020)
15.0 Non-applicability of bunching of stages in the revised pay structure for revision of pension of pre-2016 pensioners by notional fixation of pay
15.1 Representations/references have been received in this Department seeking clarification on the applicability of the OM No. 16/2016-IC dated 3.8.2017 of Department of Expenditure regarding bunching of stages in the revised pay structure under Central Civi I Services (Revised Pay) Rules, 2016 for the purpose of notional pay fixation and revision of pension of pre–20 16 pensioners and family pensioners w.e.f. 1.1.2016.
15.2 The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It is clarified that the issue of bunching has not been provided for in the CCS (Revised Pay) Rules, 2016. The issue of bunching has been provided for in terms of orders of that Department dated 3.8.2017 as a peat-pay fixation principle in respect of serving employees. Thus, the issue of bunching is not applicable in case of pensioners who retired before 1.1.2016.
(Department of Pension & PWOM No. 38/37/2016-P&PW (A) dated 18.1.2019)
16.0 Non-applicability of provisions of Department of Expenditure’s OM 1-6/2016- Ie dated 7.9.2016 regarding grant of benefit of additional increment for the purpose of notional pay fixation and revision of pension
16.1 References/representations have been received in this Department seeking clarification on the applicability of the OM dated 7.9.2016 for the purpose of notional pay fixation and revision of pension of pre 20 16 pensioners and family pensioners w.e.f. 1.1.2016. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It is clarified that the benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/ died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.
(Department of Pension & PW OM.No. 38/37/2016-P&PW (A) dated 12.12.2018)
Appendix – I
EXAMPLES
(Reference Para 16 of OM No.38/37/2016-P&PW(A) dated 12th May,2017)
| S.No. | Description | 1st Case | 2nd Case | 3rd Case | 4th Case |
|---|---|---|---|---|---|
| 1 | Date of Retirement | 31.12.1984 | 31.01.1989 | 30.06.1999 | 31.05.2015 |
| 2 | Scale of Pay (or Pay Band & G.P) at the time of retirement OR Notional Pay scale as on 1.1.1986 for those retired before 1.1.1986 |
975-1660 (4th CPC Scale) |
3000-4500 (4th CPC Scale) |
4000-6000 (5th CPC Scale) |
67000-79000 (6th CPC Scale) |
| 3 | Pay on Retirement OR Notional pay as on 1.1.1986 for those retired before 1.1.1986 |
1210 | 4000 | 4800 | 79000 |
| 4 | Pension as on 01.01.2016 before revision | 4191 | 12600 | 5424 | 39500 |
| 5 | Family pension as on 01.01.2016 before revision | 3500 | 7560 | 3500 | 23700 |
| 6 | Family pension at enhanced rate as on 01.01.2016 before revision (if applicable) | NA | NA | NA | 39500 |
| 7 | Revised pension by multiplying pre revised pension by 2.57 | 10771 | 32382 | 13940 | 101515 |
| 8 | Revised family pension by multiplying pre-revised family pension by 2.57 | 9000 | 19430 | 9000 | 60909 |
| 9 | Revised family pension at enhanced rate by multiplying pre-revised enhanced family pension by 2.57 | NA | NA | NA | 101515 |
| 10 | Pay fixed on notional basis on 1.1.1996 | 3710 (3200-4900) |
11300 (10000 – 15200) |
NA | NA |
| 11 | Pay fixed on notional basis on 1.1.2006 | 8910 (PB1, GP 2000) |
27620 (PB-3, GP-6600) |
11330 (PB-1,GP 2400) |
NA |
| 12 | Pay fixed on notional basis on 1.1.2016 | 23100 (Level-3) |
71800 (Leave-11) |
29600 (Leave-4) |
205100 (Leave-15) |
| 13 | Revised pension w.e.f. 1.1.2016 as per first formulation | 11550 | 35900 | 14800 | 102550 |
| 14 | Revised family pension w.e.f. 1.1.2016 as per first formulation. | 9000 | 21540 | 9000 | 61530 |
| 15 | Revised family pension at enhanced rate w.e.f. 1.1.2016 as per first formulation | NA | NA | NA | 102550 |
| 16 | Revised pension payable (Higher of S.No.7 and 13) | 11550 | 35900 | 14800 | 102550 |
| 17 | Revised family pension payable (Higher of S.No.8 and 14) | 9000 | 21540 | 9000 | 61530 |
| 18 | Revised family pension at enhanced rate payable (Higher of S.No.9 and 15) | NA | NA | NA | 102550 |
Table No.24 (Revised)
Table No.25 (Revised)