CHAPTER – V
Section I
Amount of Pension – General rules
Provided that for purposes of minimum service (i.e., 10 years) and maximum service (i.e., 30 years) for pension, fraction of less than a half year, if any, in the qualifying service above 9 years and 29 years respectively will be rounded to the next completed years, i.e., 10 years or 30 years as the case may be.
Note 1:– The term “pension” includes gratuity, death-cum-retirement gratuity and family pension also.
🆀The concession of rounding of fraction of a year is not allowed for the calculation of length of service for the grant of:
(a) Invalid pension
(b) Voluntary retirement
(c) Compassionate allowance
(d) Gratuity
01. Minimum Qualifying Service for pension
(a) 9 years
(b) 8 years
(c) 7 years
(d) 10 years
02. 9 years and one day above will be rounded to:
(A) 9 years
(B) 10 years
(C) 20 years
(D) 30 years
(a) 25 years
(b) 33 years
(c ) 20 years
(d) 30 years
04. 29 years and one day above will be rounded to:
(A) 9 years
(B) 10 years
(C) 20 years
(D) 30 years
05. Minimum Qualifying Service for Death cum Retirement Gratuity (DCRG)
(a) 10 years
(b) 8 years
(c) 7 years
(d) 5 years
06. Maximum Qualifying Service for DCRG:
(A) 30 years
(B) 29 years
(C) 35 years
(D) 33 years
Correct Answer:-Option: (D) 33 years
07. 29 years, 4 months, 12 days rounded to ..........
years of QS for pension
(a) 28
(b)29
(c) 30
(d) 31
08. The fraction of a year less than six months will be rounded to a complete year for the purpose of calculation of qualifying Service for :
(a) Retiring Pension
(b) Ex-gratia Pension
(c) Gratuity
(d) Minimum Qualifying Service for Pension
(a) 3 years
(b) 5 years
(c) 8 years
(d) 10 years
10. Minimum qualifying service for Statutory Pension is :
(a) 20 years
(b) 10 years
(c) 30 years
(d) 15 years
9 വര്ഷവും ഒരു ദിവസവും വന്നാല് 10 വര്ഷം (മിനിമം പെന്ഷന് നല്കാന്) 29 വര്ഷവും ഒരു ദിവസവും വന്നാല് 30 വര്ഷം (മാക്സിമം പെന്ഷന് നല്കാന്) 32 വര്ഷവും ഒരു ദിവസവും വന്നാല് 33 വര്ഷം (മാക്സിമം DCRG നല്കാന്)
01. Ordinary rounding as per rule 57 will not be allowed for
(a) Retiring pension
(b) Invalid pension
(C) Superannuation
(d) Compassionate Allowance
Correct Answer: (d) KSR Vol II Part III R 57
02. An officer joined duty on 31-3-89 and retired on 31-3-2018. Qualifying service for pension is :
(a) 30 years
(b) 33 years
(c) 28 years
(d) 31 years
Correct Answer:-(a) 30 years
03.A Medical Officer went on voluntary retirement on 31.3.2013. He has 26 yrs. 8 months Wire His normal date of retirement was 31.12.2016.
The qualifying service that would reckoned for pension is :
(A) 28 yrs
(B) 30 yrs
(C) 29 yrs
(D) 27 yrs
Correct Answer:-(B) 30 yrs
Note :–
The term “pension” includes gratuity, death-cum-retirement gratuity, compassionate allowance and family pension also.
Pension shall be fixed in whole rupees, fraction if any, in the calculation of pension according to the rules being rounded off:
(a) To the next higher rupee
(b) To the multiple of ten rupees
(c) To the multiple of hundred rupee
(d) rounding not admissible
Correct Answer:- Option: (a) To the next higher rupee
(a) To the multiple of ten rupees
(b) To the multiple of 100 rupees
(c) Rounding not permissible
(d) To the next higher rupee
Correct Answer:- Option: (d) To the next higher rupee
59. Award of full pension – (a) The full pension admissible under this rule is not to be given as a matter of course, or unless the service rendered has been really approved.(b) If the service has not been thoroughly satisfactory, the Government may make such reduction in the amounts as they think proper.
Note 1:– Government may review their orders if the affected employee makes a request within a period of three months from the date of orders.
Note 2 :– This rule does not operate to authorize a reduction of ordinary pension either to nothing or to a nominal amount.
Ruling No.1
1. The power to reduce the pension under this rule has not been delegated by Government to subordinate authorities.
(a) Head of Department(b) Government(c) Governor(d) Drawing and Disbursing OfficerCorrect Answer:- Option:(b) Government
2. If a subordinate authority considers that it is open to question whether the full pension admissible under rules should be granted to an employee owing to his unsatisfactory character and conduct, the pension application shall be submitted to the Government for orders with a concise statement of the unfavorable circumstances appearing against that employee and a sufficient explanation thereof to enable the Government to form an opinion as to the propriety of reducing the pension.
3. Though Rule 59 (b) does not provide for an enquiry before taking action, the person affected may be given an opportunity of being heard to satisfy the principles of natural justice. A detailed enquiry is not necessary for reducing the pension, under this rule. But before ordering a reduction of pension the employee concerned may be given an opportunity to explain and vindicate himself as for instance when irregularities are detected after retirement and departmental proceedings are not feasible under Rule 3 ibid.
Ruling No.2
* Reduction of pension in the case of retired employees cannot be ordered under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. In their case Rule 59 (b) of this Part is to be applied. No elaborate enquiry is necessary. But the retired employee concerned should be given an opportunity to explain and vindicate himself.
Ruling No.3
In cases where the Government orders reduction of pension under Rules
2,3,6 or 59 (b) of this Part it should be effected in whole rupees only so that the resultant pension may be paid in whole rupees even after effecting reductions.
Government Decisions
1.In the case of an employee who is compulsorily retired as a measure of penalty and sanctioned a reduced pension in accordance with the provisions of Rule 6 a further reduction under this rule may not be made.
2.a) This rule cannot be used directly to effect a penal recovery, but Government are justified in making proof of a specific instance of fraud or negligence by an employee, the grounds for a finding that his service has not been thoroughly satisfactory within the meaning of this rule for the purpose of reducing his pension.
(b)The measure of the reduction in the amount of pension made under this rule should be the extent by which the employee’s service as a whole has failed to reach thoroughly satisfactory, standard and any attempt to equate the amount of reduction with the amount of loss caused to Government is incorrect.
(c) This rule contemplates permanent reduction in the amount of pension ordinarily admissible and does not admit of the reduction of the pension payable in respect of any one particular year.
3.Minimum pension is fixed in consideration of the bare subsistence needs and given a delinquent officer a pension sufficient to maintain a subsistence level, will not therefore be misplaced leniency. Government have, therefore, decided that minimum pension will be admissible even in cases where pension is ordered to be reduced as a punishment.
60.Limitation .– An employee entitled to pension may not take a gratuity instead of pension.
2.In the case of an employee who has any service under the Government of India or of any other State, pension should not be fixed until it has been ascertained whether any pension is payable by the Government of India or other State Governments.
Section II
Pay and allowances reckoned for pension,
emoluments and average emoluments
(b) Dearness Pay the employee was actually in receipt of.
(c) Deleted
Note 1:–Deleted
Note 2::–In the case of an employee, who has submitted medical certificate of incapacity for further service while on leave other than earned leave, the period of leave up to the date of its termination when that is later than the date of the medical certificate should be taken into account for the purpose of calculation of average emoluments.
Note 3:– Deleted
Note 4:– In the case of notional promotions, emoluments will be calculated based on the pay, the officers concerned are eligible for as a result of the notional fixations of Pay eventhough they may not have actually drawn the same.
Note 5 :– Notional pay consequent on change in scale of pay due to general pay revision or otherwise shall be reckoned for calculation of death – cum-retirement gratuity.
Rulings
1.Special pay admissible to persons on deputation from the State Service to other State Governments or to the Central Government or from one Government Department to another shall be counted as emoluments for the purpose of pension. The pay drawn in “Foreign Service” by an officer deputed under foreign service conditions in chapter XI, Part I, KS.R. shall not however be treated as emoluments for pension. In such cases the pay he would have drawn under Government had he not been on Foreign Service alone shall be treated as emoluments.
(a) Wrong
(b) Correct
(c) Partly wrong
(d) Partly right
Correct Answer:- Option:(b) Correct
The emoluments for the calculation of Pension does not include:
(a) Substantive Pay
(b) Officiating Pay
(c) Special pay drawn in lieu of a higher post for more than three years
(d) Pay drawn by an Officer deputed under Foreign Service conditions
Correct Answer:- Option:(d) Pay drawn by an Officer deputed under Foreign Service conditions
‡ 2. Deleted
(a) 10 months
(b) 6 months
(c) 12 months
(d) 18 months
Correct Answer:-(a) 10 months
Note 1:– If during this period an employee has been absent from duty on leave with or without allowances which qualify for pension or having been suspended but reinstated in service without forfeiture of service, his emoluments for the purpose of ascertaining the average will be taken at what they would have been had he not been absent from duty or suspended provided that the benefit of pay in any officiating post will be admissible only if it is certified that he would have continued to hold that officiating post but for leave or suspension.
Note 2: – In the case of Press employees whose service qualifies under Rules 17, ‘Average emoluments’ means the average earnings of the last twenty four months in service.
Note 3 :– If during the last *10 months of service any spell of service non¬qualifying for pension falls, the above spell of service should be omitted in the calculation of the average and equal period before the *10 months should be included. †For computation of average emoluments, a calendar month is taken as having 30 days irrespective of the actual number of days in any month including the month of February. For computing emoluments for split days of a month, emoluments is to be calculated as proportionate to emoluments of 30 days.
Note 4:– Except as provided in Notes 1 and 2 above, only emoluments actually received can be included in the calculation. For example when an employee is allowed to count time retrospectively towards increase of pay, but does not receive retrospectively the intermediate periodical increments, these intermediate increments are not reckoned in the calculation. But in the case of retrospective confirmations, promotions, reorganizations, regradations, and revisions of scale of pay, average emoluments will be calculated based on the pay, the officers concerned are eligible for, as a result of the retrospective confirmations, promotions, reorganizations, regradations, or revisions of scales of pay eventhough they may not have actually drawn the same.
Note 5:– If an employee whose period of suspension during the last 10 months of qualifying service is treated as duty for all purposes, but for payment of full pay and allowances, and who retires on superannuation or dies while under suspension or in whose case the punishment of reduction in pay is imposed as a result of the disciplinary proceedings initiated against him, the emoluments for the purpose of calculating the average for pension, family pension and death-cum-retirement gratuity shall be taken at what they would have been had he not been suspended;
Provided that the benefit of pay in any officiating post shall be admissible only if it is certified that he would have continued to hold that officiating post but for the suspension.
Note 6 :– In the event of an employee absent from duty on leave with or without allowance during the last ten months prior to retirement/death and if the period qualifies for pension, the emoluments for purpose of computing pension and family pension, will be calculated based on the pay that would have been admissible had the employee been on duty, provided such period is reckoned as qualifying service for pension. (w.e.f 20.10.2000)
Note 7 :– Emoluments for Death-cum-Retirement Gratuity means pay plus appropriated Dearness Allowance thereon drawn by the employee at the time of retirements/death or the pay plus appropriate Dearness Allowance thereon that would have been drawn by him had he not been absent on leave or suspension provided that such period qualifies for pension.(w.e.f 1.03.1997)
Note 8 :– In the case of employees who undergo the punishment of increment bar without cumulative effect immediately before retirement/death, and the barred increment cannot be restored, as it does not fall due before retirement/death, pensionary benefits shall be calculated on the basis of the pay that would have been admissible had the increment not been barred. (w.e.f 12.08.2005)
Note 9 :– In respect of teaching staff of educational institutions who continue in service till the last day of the month in which the academic year ends by virtue of Rule 60 (c) of Kerala Service Rules, Part I, the term ‘retirement’ means superannuation. i.e., the last day of the month in which one completes the age of ‡ 55 years/56 years/60 years as the case may be.(w.e.f 15.05.1986)
Note10 :– In cases where Pay Revision Orders come into effect during the period of the last ten months of qualifying service which counts for average emoluments, pay in the pre revised scale of pay shall be enhanced notionally by adding the percentage of Dearness Allowance merged to the basic pay as per the relevant Pay Revision Orders.
Section III
Amount of Pension
(A) 8500
(B) 4500
(C) 2400
(D) 8000
Correct Answer: (A) 8500
Minimum monthly pension with effect from 1/7/2019 is Rs..........
(A) 11500
(B) 4500
(C) 2400
(D) 8000
Correct Answer: (A) 11500
Maximum monthly pension with effect from 1/7/2014 is Rs.......
(A) 29920
(B) 60000
(C) 30000
(D) 8500
Correct Answer: (B) 60000
Maximum monthly pension with effect from 1/7/2019 is Rs.......
(A) 29920
(B) 60000
(C) 83400
(D) 8500 0
Correct Answer: (C) 83400
Amount of pension per month in respect of an employee having 29 years of qualifying service and average emoluments of Rs. 33,680 is :
(a) Rs. 16,279
(b) Rs. 16,278
(c) Rs. 16,278.67
(d) Rs. 16,840
Correct Answer: Option: (a) Rs. 16,279
[ (33680/2) x (29/30) ]
65. Notwithstanding anything in rule 64, in the case of Drivers and Vehicle Examiners of the State Transport Department, the amount of gratuity, superannuation, invalid compensation and retiring pension will be the appropriate amount set out in the following table. The concession as contemplated in this rule will be applicable to Drivers who are directly recruited as such and to Vehicle Examiners promoted as such from the category of Drivers referred to above.
Section IV
Death-cum-retirement gratuity
The minimum service required for the payment of death cum retirement gratuity is :
(a) 1 year
(b) 5 years
(c) 10 years
(d) 20 years
Correct Answer:- Option: (b) 5 years
67. If an employee who has completed five years of qualifying service dies while in service, a gratuity not exceeding the amount specified in rule 68 below may be paid to the person or persons on whom the right to receive the gratuity is conferred under Section V or, if there is no such person, to the surviving members of the family as defined in Rule 71 in the manner indicated below:
(i) If there are one or more surviving members of the family as in items (a), (b), (c) and (d) of Rule 71, it may be paid to all such members, other than any such member who is a *divorced / widowed daughter in equal shares.
(ii) If there are no such surviving members of the family as at (i) above, but there are one or more surviving *divorced / widowed daughters and / or one or more surviving members of the family as in items (e), (f), (g), (h) and (i) of Rule 71, it may be paid to all such members in equal shares.
(iii)**In the absence of any surviving eligible member of the family as defined in rule 71, death-cum-retirement gratuity shall be paid to eligible legal heirs in equal shares on production of a succession certificate from a Court of Law.
Note 1 :– The eligibility of a person to receive, the amount or share of death-cum-retirement gratuity should be determined with reference to the facts as they stand on the date of death of the Government employee and any subsequent event (e.g. remarriage of widow,
marriage of an unmarried daughter, sister, etc.) will not affect that entitlement. If, however, a person who was entitled to receive the death-cum-retirement gratuity on the date of the death of Government employee dies before getting payment, the amount or share of gratuity should be redistributed in the manner indicated below:¬
(a) In case of ‘no nomination` the amount of share of the gratuity admissible to the person concerned should be distributed in equal shares among the surviving eligible members of the family of the deceased
Government employee.
(b) If the person concerned was a nominee, the right to the amount or share of death-cum-retirement gratuity will pass on to the alternate nominee or nominees. In case there is no alternate nominee the amount or share of gratuity should be paid in equal shares to the co-nominees of the person concerned, if any, and failing that it should be distributed in equal shares among the surviving eligible members of the family of the deceased Government employee as in (a) above.
*Note 2 :– Death-cum-retirement gratuity due to a Government servant who dies after retirement shall be paid to the members of the family in the same manner as laid down in this rule, provided the eligibility of a person to receive the amount in full or a share thereof should be determined with reference to the facts as they stand on the date of retirement.
Note 3 :– The after born child of deceased employee is also eligible to get his/ her share of Death-cum-retirement gratuity.
Government Decision
It has been brought to the notice of the Government that delay is caused in the payment of the share of death-cum-retirement gratuity due to a major surviving member of the family of the deceased employee where, in the absence of valid nomination, one major member of the family authorises another to receive the share due to him. The share due to one gratuitant can be disbursed to another gratuitant according to the wishes of the former, so long as he is not actually relinquishing his right to a share of gratuity, but only authorising another member or members to receive payment on his behalf. It has been decided that in case where a gratuitant desires another gratuitant to receive his share on his behalf, a power of attorney in the accompanying form given below should be insisted upon from the former. The power of attorney need not be registered in such cases, but may be got attested by the Tahasildar concerned as required by law. All pension sanctioning authorities are requested to follow the above procedure in future.
“Be it known that I …………………….son of ……………………. occupation …………….resident of …………….and …………………..son of …………………..occupation………………….Resident of ………………..etc., do hereby appoint Shri./Smt……………………………son / daughter of ……………………occupation………………….Resident of ……………….my/ our attorney in my name and on my behalf to collect all the amounts as may appear to be due to me from the Government of Kerala towards share of
………………….(H.E. details of fund whether Gratuity etc.) payable in respect of late Shri………………………..(H.E. address of the deceased Governmentemployee) and to realize and receive the same and give receipt for that amount and generally to do all that may be necessary for the said purpose.
AND hereby agree that all acts, deeds and things lawfully done by my said attorney shall be constructed as acts, deeds and things done by me and I undertake to ratify and confirm all and whatsoever that my said attorney shall lawfully do or come to be done for me by virtue of the power here by given.
*In witness whereof I …………………..have signed the power of attorney on …………………in the presence of witness hereinafter mentioned.
Executant (s)……………… Witnesses:¬
1.The amount of gratuity will be of the emoluments of an employee for each completed year of qualifying service
(a) 1/4
(b) 1/2
(c) 1/3
(d) ¾
Correct Answer:- Option:(b) 1/2
2.Maximum DCRG (Death-cum-retirement gratuity) amount w.e.f before 1/7/2009.
(A)70000
(B) 700000
(C) 300000
(D) 330000
Correct Answer: Option: (D) 3,30,000
3.Maximum DCRG (Death-cum-retirement gratuity) amount w.e.f before 1/7/2014.
(A) 330000
(B) 1400000
(C) 300000
(D) 700000
Correct Answer: Option: (B) 14,00,000
4.Maximum DCRG (Death-cum-retirement gratuity) amount w.e.f before 1/4/2021.
(A) 330000
(B) 700000
(C) 1400000
(D) 1700000
Correct Answer: Option: (D) 17,00,000
5.Minimum DCRG admissible to an Invalid Pensioner is:
(a) 6 times of emoluments
(b) 2 months of emoluments
(C) 12 times of emoluments
(d) 15 times of emoluments
Correct Answer: (C) 12 times of emoluments
6.In the case of Invalid Pension, minimum DCRG ............ times
(a) 6
(b) 12
(c) 18
(d) 24A
Correct Answer:- Option: (b) 12
7.If the death of an officer takes place in the 1st year of his service, the minimum DCRG payable to the family will be:
(a) 5 times of emoluments
(b) 6 times of emoluments
(c) 2 months of emoluments
(d) 12 times of emoluments
Correct Answer: (c) 2 months of emoluments
8.The minimum DCRG for death while in service with less than 5 years of service but after 1 year of service is :
(a) 2 months emoluments
(b) 12 months emoluments
(c) 6 months emoluments
(d) 24 months emoluments
Correct Answer:- Option: (c) 6 months emoluments
9.Death gratuity admissible to the nominee of a Govt employee, who dies within 4 years of service, but after completing one year of service is times his emoluments at the time of death.
(a) 2
(b) 12
(c) 6
(d) 4
Correct Answer: Option:(c) 6
10.The minimum DCRG for death while in service with less than 24 years of service but after 5 years of service is :
(a) 2 months emoluments
(b) 12 months emoluments
(c) 6 months emoluments
(d) 24 months emoluments
Correct Answer: Option:(b) 12 months emoluments
11.In the event of death of a Government employee while in service on 17-06-2020, what is the minimum DCRG payable if he only 20 years of qualifying service:
(a) 12 times the emoluments of the employee last drawn
(b) 6 times the emoluments of the employee last drawn
(c) 8 times the emoluments of the employee last drawn
(d) 10 times the emoluments of the employee last drawn
Correct Answer: Option:(a) 12 times the emoluments of the employee last drawn
12.The amount of gratuity payable to the family of a deceased employee who entered in service on 1.4.2015 and died on 15.7.2020 will be:
(a) 3 2 times the emoluments
(b) 6 times the emoluments
(c) 7 times the emoluments
(d) 12 times the emoluments
Correct Answer: Option:(d) 12 times the emoluments
13.The minimum DCRG for death while in service above 24 years of service is :
(a) 12 months emoluments
(b) 24 months emoluments
(c) 16 72 months emoluments
(d) Last months emoluments x QS/2
Correct Answer: Option: (d) Last months emoluments x QS/2
14.Differential DCRG with effect from
(a) 1/7/2009
(b) 1/3/1997
(c) 1/3/2007
(d) 1/1/2011
Correct Answer:- Option: (b) 1/3/1997
15.When any DA is sanctioned with retrospective effect from a previous date. The pensioner becomes eligible for the balance amount DCRG called ..........
(a) DCRG
(b) Residuary gratuity
(c) Differential DCRG
(d) None of the these
Correct Answer:- Option: (c) Differential DCRG
Ruling
The expression “sums actually received” occurring in Rule 69 has been used to indicate that all the amounts received by the employee by way of pension or gratuity should be taken into account and, accordingly, in addition to pension and gratuity drawn by the deceased employee, the temporary increase in pension should also be taken into consideration for determining the amount of residuary gratuity payable under Rule 69.
(a) Compensation Gratuity
(b) Residuary Gratuity
(c) Invalid Gratuity
(d) Retiring Gratuity
Correct Answer: Option:(b) Residuary Gratuity
70. The ‘emoluments’ for the purpose of the section will be reckoned in accordance with Rule 62 provided that if the emoluments of an employee have been reduced during the last twelve months of his service otherwise than as a penalty, ‘Average emoluments’ as defined in Rule 63 may at the discretion of the authority which has power to sanction the gratuity under this section, be treated as the ‘emoluments’.
Section V – Nominations
(a) Wife, in the case of a male employee;(b) Husband in the case of female employee;(c) Sons;(d) Unmarried / divorced **widowed daughters;(e) Brothers below the age of 18 years and unmarried or widowed or *divorced sisters;(f) Father;(g) Mother;(h) Married daughters; and(i) Children of a pre-deceased son.
Note 1 :–(c) and (d) will include step children, adopted children and posthumous children, (f) and (g) will include adoptive parents in the case of individuals whose personal law permits adoption.
‡ Note 2 :– (h) will include married adopted and /or step daughters.[This shall have effect from 22nd December 1964]
Family for the purpose of nomination to receive gratuity include:
(a) Wife in the case of a male employee
(b) Husband in the case of a female employee
(c) Sons
(d) All above
Correct Answer:-Option:(d) All above
Family for the purpose of nomination to receive gratuity include:
(a) Daughter
(b) Brothers below the age of 18 years
(c) Father
(d) All above
Correct Answer:-Option:(d) All above
Family for the purpose of nomination to receive gratuity include:
(a) Mother
(b) Married daughter
(c) Children of a predeceased son a predeceased son V
(d) All the above
Correct Answer:-Option:(d) All above
Family for the purpose of nomination to receive gratuity do not include:
(a) Children of predeceased son
(b) Brother above 18 years of age
(c) Divorced sister
(d) Married daughter
Correct Answer: Option: (b) Brother above 18 years of age
72. An employee shall make a nomination conferring on one or more persons the right to receive any gratuity that may be sanctioned under Rules 67 and 69 and any gratuity which having become admissible to him under Rule 66 has not been paid to him before death.
While a nomination as also any change therein will normally be made by an employee during service, he may make a nomination after retirement but before getting payment, in case he so decides:
Provided that, if at the time of making the nomination the employee has a family the nomination shall not be in favour of any person or persons other than the members of his family.
Ruling
A registered ‘will’ proved by letters of administration or probate will also be accepted as a valid nomination in the event of the death of an employee without making a nomination under this rule in the form prescribed by Rule 76(a), provided that the employee had no family at the time of death.
Which of the following is not correct in respect of Nomination for DCRG?
(a) Nomination filed by an unmarried employee shall become invalid on his/her getting married
(b) A person other than a Family Member can be nominated even if there is a surviving
member in the family
(c) One or more members can be nominated
(d) Minor's share will normally be paid to the surviving parent
Correct Answer:-Option:(b) A person other than a Family Member can be nominated even if there is a surviving member in the family.
The nomination for DCRG shall be in favour of who has a family
(a) A person who is an intimate friend
(b) A person who is a near relative
(c)A member of family
(d) A charitable institution
Correct Answer:-Option:(c)A member of family
(2) Subject to the provisions in Rule 138, the death-cum-retirement gratuity and arrears of pension, if any, due to a deceased nun shall be payable to the person nominated by her to receive the benefits, and in the absence of such a nomination , the Mother Superior of the convent to which the nun belongs or head of the concerned religious institutions shall be the person entitled to receive the amount
** Note-This rule shall be deemed to have come into force on the 1st day of January 1975.
🆀DCRG due to a deceased nun who has not made any nomination is payable to
A:-Her natural mother
B:-Her unmarried sister
C:-Need not be given to anybody
D:-Mother Superior of the convent to which the nun belongs to
Correct Answer:- D:-Mother Superior of the convent to which the nun belongs to
🆀The family pension of deceased nun of a catholic convent is payable to:
(a) Mother
(b) Mother superior of the convent
(c) Unmarried sister
(d) Nobody
Correct Answer:-Option:(d) Nobody
[
🆀The Death-cum-gratuity due to a deceased nun who had not made any nomination is
payable to
(a) Mother
(b) Unmarried Sister
(c) Mother Superior of the Convent to which the Nun belongs
(d) Nobody
Correct Answer:-Option: (c) Mother Superior of the Convent to which the Nun belongs
73. If an employee nominates more than one person under Rule 72 he shall specify in the nomination the amount or share payable to each of the nominees in such a manner as to cover the whole amount of the gratuity.
74. An employee may provide in a nomination¬
(a) In respect of any specified nominee, that in the event of his predeceasing the employee, the right conferred upon that nominee shall pass to such other member of the employee’s family as may be specified in the nomination;
(b) That the nomination shall become invalid in the event of the happening of a contingency, specified therein.
75. *The nomination made by an employee who is not married shall become invalid on his / her getting married.
When does nomination for DCRG once exercised become invalid?(a) In the event of happening of contingency specified therein
(b) on getting married in respect of an employee who was not married
(c) On exercising fresh nomination
(d) All three above
Correct Answer:- Option: (d) All three above
76. (a) Every nomination shall be in such one of the Forms **4B or Form 4D as may be appropriate in the circumstances of the case
(b) An employee may at any time cancel a nomination by sending a notice in writing to the appropriate authority provided that the employee shall, along with such notice, send a fresh nomination made in accordance with this section and a certificate as follows:¬
“This nomination supersedes the nomination made me earlier on …………..(date)……………which stands cancelled.”
77. Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of Rule 74 or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of that rule or rule 75 the employee shall send to the appropriate authority a notice in writing formally canceling the nomination, together with a fresh nomination made in accordance with this section.
Immediately on receipt of a nomination from a non gazetted employee, the head of the office shall countersign it indicating the date of receipt and keep it under his custody.
Nominations of non-gazetted employees should be countersigned by whom?
(A) Another Govt. employee
(B) Government
(C) A Gazetted Officer
(D) Head of Office
Correct Answer:- Option: (D) Head of Office
Ruling No 1
When nominations are received from non-gazetted employees they should be countersigned by the head of office as required under the rules and be kept in a separate confidential file which should be lodged for safe keeping with the head of office or other responsible employee nominated by him for the purpose. A clear note should also be made in the Service Book of the employee as to what nomination and related notices have been received from him and where they have been lodged for safe custody.
Ruling No. 2
An acknowledgment to the employee concerned confirming that the nomination made by him and the related notices have been duly received and placed on record should invariably be sent to every employee making or cancelling a nomination, by the audit office in the case of gazetted government employees and the head of the office in the case of non-gazetted employees. All employees should be advised that it would be in the interest of their nominee if they would preserve copies of the nomination made by them and of the related notices and acknowledgements either in their personal custody or in safe deposit along with their other important personal documents, etc., where they may be expected to come into the possession of the beneficiaries in the event of their death.
Every Gazetted Officer should file a nomination conferring on one or more person, the right to receive DCRG (if not paid before his death) to the Accountant General. This nomination will take effect from:
(a) The date it is signed by the officer
(b) The date furnished by the officer
(c) The Date it is received by the AG
(d) A date to be decided by A.G
Correct Answer:- Option:(c) The Date it is received by the AG
79. Every nomination made, and every notice of cancellation given by an employee shall, to the extent that it is valid, take effect on the date on which it is received by the authority mentioned in Rule 78.
Section VI – Non-contributory Family Pension
*80. The scheme of family pension applicable under the Kerala Service Rule (1959) shall hereinafter be known as “Non-contributory Family Pension”.
A non-contributory family pension, not exceeding the amount specified to Rule 82/82A shall be granted to the family of an employee who is not governed by the rules in Section VII “Contributory Family Pension” and who dies, whether while in service or after retirement after completion of not less than 20 years’ qualifying service, for a period of ten years:
Provided that the period of payment of family pension will in no case extend beyond a period of 5 years from the date on which the deceased employee retired or on which he would have retired on a superannuation pension in the normal course, according as the death takes place after retirement or while the employee is in service:
Provided further that the family pension shall not be granted to a widow /widower who has another living husband /wife at the time of the death of the employee. This will have effect from the date of this order.
Pension sanctioning authority will also be prepared, to consider, in exceptional circumstances, the award of family pension to families of employees who may die after completing less than 20 years qualifying service but not less than 10 years qualifying service.
Note 1 :–
The “exceptional circumstances” referred to above are cases in which the amount receivable by the family by way of Insurance, Provident Fund and Death-cum-retirement gratuity of the deceased employee together does not exceed 48 times the monthly pay of the employee at the time of his death, or if the cash assets exceed that amount, the education of the children (child) of the deceased employee is not likely to be completed within a period of five years.
Explanation :
The term ‘Education’ includes apart from Primary/Secondary Education, also higher education including Medical, Scientific and Technical Education.
In the event of death of an employee after his retirement, the pay and the cash assets by way of insurance, provident fund and death-cum-retirement gratuity received or receivable at the time of his retirement shall be reckoned.
Note 2 :–
In the case of Drivers and Vehicle Examiners of the State Transport Department whose cases are governed by Rule 65, 16 years qualifying service will be deemed to be sufficient instead of 20 years for the purposes of this rule.
Ruling
In the case of an employee who dies while on leave preparatory to retirement on a retiring pension, the period of 5 years for the purpose of the grant of family pension should be reckoned from the date on which the employee should have retired on a superannuation pension in the normal course, and not the intended date of retirement on a retiring pension which did not however actually come about.
Non Contributing family pension came in to force on:
(a) 1959
(b) 1995
(C) 1956
(d) None of the above
Correct Answer:- Option: (a) 1959
81. Notwithstanding the provision regarding the period of eligibility for family pension contained in Rule 80, family pension in respect of –
(i) widows/widowers and minor children actually in receipt of family pension on 31st March 1964; and
(ii) wives / husbands and minor children of the government employees who retired before 1st April 1964 and on whose retirement, become entitled to family pension under the rules in this section, will be payable for a further period up to:¬
(a) the date of death or remarriage whichever is earlier, in the case of widows/widowers; and
(b) the date of attaining majority in the case of children (until marriage, if earlier, in the case of daughters):
Provided that in the event of the happening of a contingency mentioned above during the extended period, the family pension ceases to be payable to any other member (including minor children of the Government employee’s family)
**Provided further that the provision of this rule shall not apply to a widow / widower who has another living husband / wife. This will take effect from 1stApril 1964.
(iii) parents of the deceased employee actually in receipt of family pension under Rule 80 above, on 31st March 1964 will also be entitled to a continued payment of family pension for a period up to the date of death provided.
(a) that they were solely or partly dependent on the deceased employee for maintenance and whose independent income is less than `.240 per annum;
(b) that they had no other living sons or daughters who are well placed; and
(c) that only one family pension will be payable even if there may be claim for family pension on account of death of more than one son or daughter; and
(d) **subject also to the production of an annual certificate (in the Form in Annexure II to Rule 90 of these rules) that the financial position of the family pensioner has not improved, from the Tahasildar or a Class I or Class II officer of the locality.
82. The amount of non-contributory family pension under Rule 80 will be :¬
(a) In the event of death while in service, one half of the pension which would be admissible to the employee had he retired on the date following the date of his death; and
(b) In the event of death after retirement, half the pension sanctioned for him at the time of retirement:
Provided that the amount of family pension will be subject to a maximum of `150 per mensem and a minimum of ` 30 per mensem subject to the further condition that the minimum pension, will not in any case exceed the full amount of the pension, sanctioned to the deceased employee at the time of his retirement or in case he dies while in service the pension that would have been admissible to him if he had retired on pension on the date following the date of his death:
*Provided also that in case where family pension is less than ` 20 per mensem the minimum amount of family pension will be raised to ` 20 per mensem. This will take effect from 1st October 1967, i.e., on family pension due for payment in November 1967.
†The minimum rate has been raised to ` 25 and ` 40 with effect from 7th June 1971 and 1st October 1971 respectively.
In cases where an employee mentioned in clause (b) had commuted a part of his pension before his death, the uncommuted value that part of pension will be deducted from the family pension calculated as above.
82A The amount of non-contributory family pension payable for the extended period mentioned in Rule 81, will continue to be the same as previously admissible provided it is ` 20 per mensem.Where the amount of family pension previously admissible exceeds ` 20 per mensem the amount of family pension payable for the extended period will be equal to half of such amount, subject to a minimum of ` 20 per mensem.
‡ Rounding off to the next higher rupee laid down in Rule 58 is not applicable in this case.
**The minimum rate of family pension admissible under this Rule will be ` 20 per mensem with effect from 1st October 1967, ` 25 per mensem with effect from 7th June 1971 and ` 40 per mensem with effect from 1st October 1971.
Government Decision
The benefits in Rules 81 and 82 A will be extended also to the families of the pensionable employees of the Devaswom Board and other Local Fund
Institutions governed by the Pension Rules in the Kerala Service Rules and in respect of whom pensionary liability has been taken over by Government
83. “Family” for the purposes of this section will be as defined in Rule 71 excluding items (h) and (i).
84. No pension will be payable under this section –
(a) to a person mentioned in clause (b) of Rule 85 without production of reasonable proof that such person was dependent on the deceased employee for support.
(b) to an unmarried female member of an employee’s family, in the event of her marriage;
(c) to a widowed female member of an employee’s family, in the event of her marriage;
(d) to a brother of an employee on his attaining the age of 18 years;
(e) to a person who is not a member of an employee’s family.
85. Except as may be provided by a nomination under Rule86 –
(a) A pension sanctioned under this section will be allowed ¬
(i) to the eldest surviving widow, if the deceased is a male employee or to the husband, if the deceased is a female employee.
Note :– The expression “eldest surviving widow” occurring in sub-clause
(1) of clause (a) shall be construed with reference to the seniority according to the date of marriage with the employee and not to the age of the surviving widows.
(ii) failing the widow, or the husband, as the case may be, to the eldest surviving son;
(iii) failing (i) and (ii) to the eldest surviving unmarried daughter;
(iv) these failing, to the eldest widowed daughter: ¬
(b) in the event of no pension becoming payable under clause (a) the pension may be granted ¬
(i) to the father;
(ii) failing the father, to the mother;
(iii) failing the father and the mother, to the eldest surviving brother below the age of 18;
(iv)these failing to the eldest surviving unmarried sister;
(v)failing (i) to (iv), to the eldest surviving widowed sister.
86. If an employee who has completed 20 years’ qualifying service desires that a pension that may be sanctioned under this section should be payable to any member of his family in any order to be specified by him he may make a nomination for the purpose in Form 5 indicating the order in which the pension should be payable to the members of his family; and to the extent it is valid the pension will be payable in accordance with such nomination, provided the persons concerned satisfy the requirements of Rule 84 at the time of the grant of the pension. In case the person concerned did not satisfy requirements of the said rule, the pension shall be granted to the person next lower in the order. The provisions of Rules 76 (b), 78 and 79 will apply in respect of nomination under this rule.
87. (a) A pension awarded under this section will not be payable to more than one member of an employee’s family at the same time.
(b) If a pension awarded under this section ceases to be payable before the expiry of the period mentioned in Rule 80 on account of death or marriage of the recipient or other causes, it will be regranted to the person next lower in the order mentioned in Rule 85 or to the person next lower in the order shown in the nomination made under Rule 86 as the case may be, who satisfies the other provisions of the section.
88. A pension sanctioned under this section will be tenable in addition to any gratuity or compensation that may be granted to the members of an employee’s family under the existing Rules or Acts.
[Dated, 18th G.O.(P) No.126/2019/Fin. September, 2019Thiruvananthapuram .S. R. O. No. 653/2019
89. As in the case of grant of an ordinary pension, future good conduct of the recipient is an implied condition of every grant of a pension under this section. Government reserve to themselves the right withholding or withdrawing such a pension or any part of it, if the recipient be convicted of serious crime or be guilty of grave misconduct and Government’s decision on such matters will be final.
Section VII – Contributory family Pension
(1) The Contributory Family Pension scheme introduced with effect from the 1st April 1964 is applicable to all regular employees on pensionable establishments under the Government governed by the Kerala Service Rules.
(a) who were in service on 1st April 1964 and had not opted out of it.
Note :–
All employees of the State Government who were on or after the 30th September 1977 or who retired from service or after the date shall be entitled to the benefit of liberalized family pension.
Government Decision
Government employees who are appointed Members of the Public Service Commission and whose date of superannuation falls on a date after 1st April 1964 will automatically be governed by the Contributory family pension scheme in case they do not specifically opted out of it, provided they agree to surrender two month’s emoluments from the death-cum-retirement gratuity.
(b) who were governed by the old service Rule like (1) The Travancore Service Regulations, (2) The Cochin Service Regulations and (3) The Fundamental Rules (Madras), The Madras Pension Code and The Madras Manual of Special Pay and Allowances but opted to come over to the Kerala Service Rules including the rules under the Contributory Family Pension Scheme on or after 1st April 1964 and
(c) who entered service on or after 1st April 1964.
Note :– The scheme is also applicable to:
(i) the families of the Government employees governed by the Workmen’s Compensation Act; provided that the Workmen satisfy all the conditions of the scheme (see sub-rule 4D below also), and
(ii) the families of full-time contingent employees and work charged employees who died between 1st April 1968 and the last date fixed for the exercise of option to come over to the regular establishment, without exercising the said option.
(iii)the families of the pensionable employees of the Travancore Devaswom Board, the pensionable employees of the Cochin Devaswom Board, the aided school teachers who have opted for Chapter XIV (e), Kerala Education Rules, the pensionable employees of certain Government Industrial concerns such as Kerala Soaps and Oils Limited, Ceramic Concerns, Trivandrum Rubber Works, Corporation and Municipal employees governed by D.C.R.B. Rules (other than employees who were permanent in the Trivandrum Corporation on 17th August 1950 and in Municipalities in Travancore area on 1stApril 1953, the employees who were permanent in the Trivandrum Corporation on 17thAugust 1950 and in Municipalities of Travancore area on 1stApril 1953, the pensionable employees of Panchayats, the Melkanganom employees and the Mathilagom employees governed by the Kerala Service Rules and in respect of whom pensionary liability has been taken over by Government.
(2) The scheme is not applicable to:¬
(a) persons who retired on or before 31st March 1964 but were reemployed on that date or thereafter,
(b) persons paid from Contingencies,
(c) work charged staff,
(d) casual labourers,
(e) contract officers, and
(f) *
Note :–
In respect of items (b) and (c) above see item (ii) under Note below sub-rule 1 also.
(3) ‘Contributory Family Pension’ will be admissible in case of death while in service or after retirement on or after the 1st April 1964. In the case of death after retirement, the retired employee must have been at the time of death in receipt of compensation, invalid, retiring or superannuation pension or pension granted on compulsory retirement by way of penalty.
(4) The rate of contributory family pension with effect from 1stApril 1964 will be as follows:¬
Provided that in the case of death after retirement on or after the 1st day of July,1978, the family pension shall be payable at a higher rate of twice the normal rate of family pension admissible, or the amount of pension sanctioned to the pensioner on retirement, whichever is less, for a period of 7 years or till the date on which the deceased pensioner would have attained the age of 62 years (**63 years in the case of those who retired at the age of 56 years and 67 years in the case of those who retired at the age of 60 years) whichever is earlier and after that at normal rate till such period as provided in the rules:
Provided further that the amount of family pension at higher rate shall not exceed the pension sanctioned on retirement. If the amount of pension sanctioned to the deceased pensioner is less than the amount of normal rate of family pension admissible, the amount of family pension payable after death shall be the normal rate of family pension admissible.
Note:- In the case of those who retire at the age of 58 and 60 years, the above provisos shall take effect from the 30th day of June 1980, **and in the case of those who retired at the age of 56 years, the
said provisos shall take effect on and from the 1st day of April,2012.
Note:1:-
No temporary increase will be admissible in respect of family pension granted under these r ules.
Note-2:-
The commutation of pension has no effect on the quantum of contributory family pension as the rate of family pension is based on the pay, which the government employee was drawing immediately before retirement and not on the pension sanctioned to him. Note-3. The scheme does not debar a government employee/ pensioner from drawing contributory family pension in addition to his pay or pension. In the event of death of the father and the mother, whowere both government employees the minor children will be eligible to draw two family pensions, subject to a total of Rs.150 per mensem, provided both the employees were governed by these rules.
🆀The normal rate of family pension with effect from 01/03/1997 is at a uniform rate of 30% of:
(a) Pension sanctioned to the Pensioner
(b) AE of the Pensioner
(c) Last pay drawn by the pensioner
(d) Last pay plus DA admissible at that time
Correct Answer: (c) Last pay drawn by the pensioner
Note:– In the case of an employee who dies while on extension of service the date up to which the extension of service had been sanctioned to him before his death will be deemed to be the normal date of superannuation.
(4B). In case an employee who was in service on 31st March 1964 and had opted not to be governed by these rules died on or after 1st January 1966 without exercising option within such period as may be prescribed by Government to avail himself of the benefits of the scheme under these rules the family pension as liberalized with effect from 1st January 1966 (vide-sub-rule 4A) shall be payable to his family.
Note 1:– The concessions allowed in sub-rules 4(A) and 4(B) above are not applicable if the Government employee had put in less than 7 years’ continuous service prior to his death.
Note 2 :– In cases of death while in service on or after 14th November 1966 seven years’ of service whether continuous or not will be taken as seven years of qualifying service.
(4C)(1) In the case of employees who die while in service or after retirement on or after 1st April 1966 the rate of contributory family pension will be as follows:¬
Pay at the time of death or Monthly Family Pension Retirement
` 800 and above12 percent of pay subject to a maximum of `150
` 200 and above but below 15 percent of pay subject to a ` 800 maximum of ` 96 and a minimum of ` 60.
Below ` 20030 percent of pay subject to a minimum of ` 25
Note :– ‡ The minimum contributory family pension has been fixed at ` 40 with effect from 1st October 1971.
(2) The proviso under sub-rule 4, and sub-rules 4 (A) and 4 (B) and the notes under them shall apply mutatis mutandis.
*(4CC)(1) The rate of Family Pension in the case of death while in service or after retirement on or after 1st April 1994 will be computed as indicated below, namely:¬
Pay at the time of death or Monthly Family Pension Retirement or death
Not exceeding ` 1500 30% of pay subject to a minimum of ` 375
Exceeding ` 1500 but not 20% of pay subject to a minimum exceeding ` 3000 of ` 450
Above ` 300015% of pay subject to a minimum of ` 600 and maximum of ` 1100
(2) The rate of family pension in the case of death while in service or after retirement of employees will be 30 percent of the pay with effect from 1st March 1997 irrespective of the category to which they belong. The minimum family pension will be ` 1,275 per mensum and the maximum family pension will be 30 percent of the highest pay in the State Government.
3) The normal rate of family pension with effect from the Ist day of July, 2004 shall be 30% of the pay at the time of retirement/death while in service subject to minimum of ` 2400 per month and maximum of ` 16875 per month (i.e., 30% of maximum of the highest scale of pay in the State Government Service).
The normal rate of family pension is
A:-30% of pay at the time of retirementB:-30% of pension
C:-35% of pension
D:-40% of pay at the time of retirement
Correct Answer:-A:-30% of pay at the time of retirement
[ 90(4CC(3)]
(4) # The normal rate of family pension with effect from the 1st day of July, 2009 shall be 30% of the pay at the time of retirement/death while in service subject to minimum of ` 4500 per month and maximum of ` 17960 per month (i.e., 30% of maximum of the highest scale of pay in the State Government Service.
(5) The proviso under sub-rule (4), sub-rules (4A) and (4B) and the notes thereunder shall apply to this sub-rule mutatis mutandis.
(4D) The benefits under sub-rule 4A above shall be admissible also in the case of a Government employee governed by the Workmen’s Compensation Act [ vide item (i) under Note below sub-rule 1 also] in addition to any compensation under the Act.
Subject to the condition that the family pension payable shall be at 50 percent of the basic pay (including dearness pay, if any) last drawn or 1½ times the family pension admissible at the ordinary rates, whichever is less.
In cases where an employee governed by the Workmen’s Compensation Act dies for reasons not covered by the Act and is not eligible for any compensation thereunder the benefit of sub-rule 4A, shall be available as in the case of other pensionable employees under Government.
In all the cases mentioned in this rule the authority competent to sanction the contributory family pension shall along with the family pension papers furnish to the Audit Officer a Certificate to the effect that the family of the deceased government employee is not eligible for any compensation under the Workmen’s Compensation Act †
(5) ‘Pay’ for this purpose means the pay as defined in Rule 12(23), Part I, Kerala #Service Rules and Dearness Pay which the person was drawing on the date of his death while in service or immediately before his retirement. # If, on the date of his death while in service or immediately before his retirement, a person has been absent from duty on leave (including Leave Without Allowance) or on suspension and if the period qualifies for pension, pay means, the pay he would have drawn had he not been absent from duty on leave or suspension(w.e.f 20.10.2000).
* Note 1 :–In the case of notional promotions, pay will be the pay, which the officers concerned are eligible for, as a result of the notional fixation of pay even though they may not have actually drawn the same.
** Note 2 :–Notional pay consequent on change in scale of pay due to general pay revision or other shall be reckoned for calculation of family pension.
Ruling No.1
Provisional Pay of appointments under Rule 9 or 31 of the Kerala State and Subordinate Service Rules will also be taken into account for the purpose of contributory family pension with effect from 14thNovember 1966.
Ruling No.2
The portion of Dearness Allowance treated as Dearness Pay will be reckoned for the purpose of contributory family pension in respect of cases occurring on or after 1stApril 1969:
‡ Provided that the deduction of two months’ pay from death-cum-retirement gratuity will also include the element of Dearness Allowance treated as Dearness Pay.
(a) wife in the case of a male employee(b) husband in the case of a female employee,(c) Eldest eligible son/daughter (in the order of seniority) till marriage or till attaining the age of 25 years or till he/she gets employed, whichever is earlier.(d) Children suffering from physical/mental disorder or disability(e)Unmarried daughters above 25 years.(f)Son/daughter adopted legally before retirement(g) Parents (in equal shares)(h) Judicially separated wife(i) Judicially separated husband.(j) Disabled divorced daughter(k)Widowed disabled daughter
Note 1 :– If there are no surviving members of the items (a) to (e) above, Government may sanction family pension to the members referred to in items (f) and (g) subject to the conditions prescribed in sub-rule 6A. If the members referred to as items (a) to (g) are not surviving, the family pension may be paid to the member specified in items (h) or (i) as the case may be, provided the employee has included the details of such member in Form 5A. If judicially separated wife/husband is @ not included in the details of family furnished in Form 5A family pension is not payable to judicially separated wife/husband.
‡Note 2 :– Legal marriage after retirement shall also be considered for the purpose of these rules. In such cases, the retired officer shall file a revised Form 5A before the Accountant General after marriage. In cases where Form 5A has not been filed due to death of the pensioner the family pension will be sanctioned after observing the procedure laid down in rule 118 (2) Part III K,S,R. In the case of second marriage after retirement, necessary certificates/ documents from the authorities concerned duly certified by the Notary Public of the locality to the effect that *the spouse of the first marriage is alive, but legally divorced or not alive and the marriage of the deceased Government servant with the applicant was lawful and legally valid one shall also be produced.
Note 3 :– The terms ‘sons’ and ‘daughters’ occurring in clauses (c) and (d) of sub rule (6) include posthumous sons and posthumous daughters.
†Note 4:– In the case of disabled divorced daughter of a deceased employee/ pensioner whose marriage has been legally annulled, family pension is admissible from the date on which her marriage stands annulled. In the case of widowed disabled daughter of a deceased employee/pensioner, family pension is admissible from the date of death of her husband.
Note 5 :– Family pension shall be payable to the members specified in clauses (d), (e), (g),(j), and (k) of sub-rule (6) of this rule from the date or first month following the date of death of the pensioner or family pensioner as the case may be, only if the application in Form 6 along with the Eligibility Certificate or Medical Certificate as the case may be, is submitted to the pension sanctioning authority within $ three years of death of the employee or pensioner or family pensioner. In cases where the application along with the Eligibility Certificate or Medical Certificate are submitted after $ three years of death of the employeee or pensioner or family pensioner, as the case may be, family pension shall be payable with effect from the date of issue of Eligibility Certificate or Medical Certificate. Family pension shall be payable to the members specified in clauses (e), (g), (j) and (k) of sub-rule (6) of this rule only if their income is less than *`15,000 per annum, subject to the conditions specified in sb-rule(6A) and sub-rule (7) of this rule.
† (6A) Notwithstanding anything contained in sub-rule 6 above.
(1) Contributory family pension will be admissible to the parents of the deceased Government employee if they were solely dependent on the deceased for maintenance and they have no other source of income or support for maintenance, and even in cases where the parents have an independent source of income of *less than ` 15,000 per annum and they were partly dependent on the deceased for maintenance and there are other extenuating circumstances, subject to the following conditions:
(i) $ There are no eligible members in the family who have a prior claim for family pension as specified in sub-rule (6) or when the eligibility of family members having prior claim ceases, subject to other conditions specified in this rule:
Provided that monetary benefit shall be allowed with effect from 19th day of December, 2013 to those who are eligible to receive family pension prior to the said date.
(ii) The parents of the deceased Government employee have no other living sons/daughters who are well placed, † and the husband/wife, as the case may be of the beneficiary is also not well placed in life
(iii) Only one family pension will be payable to a person under this rule even if there may be
claim for more than one family pension on account of death of more than one son or daughter.
(2) **The contributory family pension shall be payable to parents in equal shares and on the death of either one of the recipients, his/her share shall be payable to the surviving member.
(3) ! [Omitted. Takes effect on and from 1st October 1977]
(4) The family pension under this rule is payable with effect from 20th March 1969 to the parents of the government employees who died while in service or after retirement on or after 1stApril 1964.
(5) The family pension under this rule will be sanctioned by Government.
(6) Eligibility for contributory family pension will be determined on the basis of the report (in the form in Annexure I) of the Tahasildar of the Taluk in which the person lives. For the continued payment of family pension the person entitled to the pension shall produce at the treasury one year after the date of commencement of the family pension an annual certificate (in the form in Annexure II) from the Tahasildar or a gazetted employee of the locality.
(7) The contributory family pension will be admissible:¬
(a) In the case of widow/widower up to the date of death or remarriage whichever is earlier and @ when the widow / widower has not another husband / wife living at the time of death of the employee.
(b) #In the case of unmarried son/daughter till he/she attains the age of 25 years or marriage or starts earning his/her livelihood, whichever is earlier. * In the event of death of father and mother, who were both Government employees/pensioners, the children below the age of 25 years will be eligible to draw two family pension till they attain the age of 25 years or getting married or employed whichever is earlier subject to the following limits, provided both the parents were governed by these rules:¬
(a) * If both family pension are in the higher rate or if one family pension is in the higher rate and the other in the normal rate, the total of the two shall not exceed 50% of the highest pay in the state scale i.e 50% of ` 59,840 viz., ` 29,920.
(b) * If both family pensions are in the normal rate, the total of the two shall not exceed 30% of the highest pay in the state scale, i.e., 30% of ` 59,840 viz., ` 17,960.
(c) # #Deleted
In cases where death occurred prior to 29th August 1967 and the deceased employee is survived by two or more widows, family pension will be paid to the eldest surviving widow. On her death (or in the event of her remarriage) it will be payable to the next surviving widow, if any. The term ‘eldest’ would mean seniority with reference to the date of marriage,
† In all other cases where death occurred on or after 29th August 1967, and
(i) ** Omitted
(ii) where the deceased employee /pensioner is survived by a widow/ widower from a legally valid second marriage, but has left behind eligible son/daughter from the spouse of the first marriage, the eligible son/daughter of the first marriage shall be paid the share of family pension which the spouse of the first marriage would have received, if the spouse had been alive at the time of death of the employee/ pensioner. While sharing family pension between the children of the first marriage and spouse/children of the second marriage, restoration of full family pension shall be allowed provided the share to the children of the first marriage/spouse or children of second marriage is no longer payable.
Provided that if the son or daughter of a Government employee is suffering from any disorder or disability of mind or physically crippled or disabled so as to render him or her unable to earn his living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life, subject to the following conditions namely:¬
(i) **If such son or daughter is one among two or more sons or daughters of the Government employee, the family pension shall be initially payable in the order set out in sub rule (8) until last son/daughter attains the age of 25 years # or till marriage or starts earning his/her livelihood as in the case may be, and thereafter the family pension shall be resumed in favour of the son or unmarried daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him / her for life @ or till he/she starts earning a livelihood
(ii) If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be ^ divided equally among them irrespective of sex”.
(iii)The family pension shall be paid to such son or daughter through the guardian *nominated by the Govt. Employee/Pensioner as if he or she were a minor.
(iv) @ Family pension shall be paid to the son/daughter who is suffering from any disorder or disability of the mind through a guardian nominated by the Government employee/ pensioner/family pensioner as if he/she was a minor. In cases, where there is no valid nomination, family pension shall be paid through a guardian appointed on the basis of a defacto guardianship certificate issued by the Tahsildar or by the Local Level Committees under sections 13 and 14 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, MentalRetardation and Multiple Disabilities Act, 1999.
(v) *A certificate from a Medical Officer not below the rank of a Civil Surgeon to the effect that, he/she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled shall be produced every three years.
(vi) *In the event of the death of the father and mother who were both Government employees/ pensioners, such son/daughter of a pensioner shall be eligible to draw two family pensions, subject to the limits prescribed in clause (b) to this sub-rule provided both the parents were governed by these rules.
† Note:-The above benefit is extended to such sons/ daughters of Government employees who retired / died before 17th January 1977
Explanation :
(a)$ The family pension payable to such a son or daughter shall be stopped if he or she starts earning his / her livelihood.
(b) $ In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury Officer every month that¬
(i) The son or daughter has not yet started earning his/her livelihood;
(ii) In the case of daughter, that she has not yet married.
(c) $ A certificate to the effect that the family pensioner has not yet started earning his/her livelihoold shall be furnished to the Treasury Officer every month.
Ruling
† The children of a deceased employee born out of a divorced/judicially separated wife will be eligible for a share of family pension to the same extent as it would have been admissible to their divorced/judicially separated mother but for such divorce or Judicial separation.
Family Pension admissible in the case of widow or widower up to
(a) 25 yrs or re-marriage whichever is carlier
(b) 30 yrs or re-marriage whichever is earlier
(c) 20 yrs or re-marriage whichever is earlier
(d) The death or re-marriage whichever is earlier
Correct Answer:-(d) The death or re-marriage whichever is earlier
7(A)(i) # The pension sanctioning authority will approve the claim for family pension to the disabled son/daughter on the basis of the details furnished in the pension application and the prescribed medical certificate in support thereof.
(ii) In writing up the Pension Payment Order to be issued to the pensioner, the Audit Officer will note therein, the name and date of birth of the eligible disabled son/daughter indicating that payment will be authorized as and when claim arises.
(iii)As and when the claim arises the ∗guardian nominated by the Government Employee/ Pensioner and is authorized to receive the pension on behalf of the disabled son/daughter shall send a fresh application supported by necessary medical certificate through the Treasury Officer concerned, who will forward the application to the Accountant General’s Office with both halves of the Pension Payment Order.
(iv) The Audit Officer will, on receipt of the above documents verify the claim with the original pension papers and obtain the sanction of the pension sanctioning authority for payment of family pension to the disabled son/daughter.
(v) The Audit Officer will incorporate the following condition in the Pension Payment Order when the payment is authorized, namely:¬
(a) that the person receiving the pension as guardian shall produce every three years a certificate from a civil surgeon to the effect that the claimant continues to suffer from the disability.
(b) that the guardian shall produce a certificate to the Treasury Officer every month, that,—
(A) the disabled son / daughter has not started earning his/her living,
(B) in the case of disabled daughter, she has not yet married.
(8) ∗Except as provided in sub-rule (7) pension awarded under these rules will not be payable to more than one member of an employee’s family, at the same time. † It will first be admissible to the widow/widower and thereafter to the eligible son/daughter in the order of seniority as given in the definition of family in sub-rule (6) till they attain the age of 25 years or getting married or starts earning his/her livelihood whichever is earlier.
Note:-@ where the eligible children happen to be twins of the same sex, Family pension shall be paid to them in equal shares.
Family pension is payable to a son of an officer is:
(a) Till the attains the age of 25 yrs or marriage or till he starts earning livelihood whichever is earlier
(b) Till he attains the age of 30 yrs or marriage or till he starts earning livelihood whichever is earlier
(c) Till he attains the age of 18 yrs or marriage or till he starts earning livelihood whichever is earlier
(d) Till he attains the age of 35 yrs or marriage or till he starts earning livelihood whichever is earlier
Correct Answer:-(a) Till the attains the age of 25 yrs or marriage or till he starts earning livelihood whichever is earlier
(9) In the event of re-marriage or death of the widow or widower the family pension will be granted to the minor children, through their natural guardian, (if any, otherwise through their de facto guardian on production of an indemnity bond, etc., as laid down in Note 2 under Rule 118, below). In disputed cases, however, payment will be made through a legal guardian (i.e., guardian appointed by a court of law):
Provided that where the minor children are under the care of a de facto guardian while the natural guardian is alive and the natural guardian consents to the payment of family pension due to the minor children to the de facto guardian, the family pension shall be granted to the minor children through their de facto guardian on production by him of :¬
(i) A certificate from the Tahasildar of the Taluk to the effect that the minor children are under the care and custody of the de-facto guardian;
(ii) # The written consent of the natural guardian duly attested by two witnesses; and
(iii) An indemnity bond in Form 8A.
(9A) ** Omitted
(10) * [Omitted. Takes effect on and from1st October 1977]
(11) $ Widow/widower of the Government employee governed by these rules will not be entitled to family pension under any other rules except family pension granted from the Defence Department
[Dated, 18th G.O.(P) No.126/2019/Fin. September, 2019Thiruvananthapuram .S. R. O. No. 653/2019
(12) As in the case of grant of an ordinary pension future good conduct of the recipient is an implied condition of every grant of a pension under this rules. Government reserve to themselves the right of withholding or withdrawing such a pension or any part of it, if the recipient be convicted of serious crime or be guilty of grave misconduct and Government’s decision on such matters will be final.
PROCEDURE
(13) (i) All non-gazetted employees entitled to the benefit of these rules shall be required to furnish a statement of details of their family (in Form 5A) as defined in sub rule (6), i.e., the name and date of birth of each member with his/her relationship with the Government employee and thereafter, to keep this statement up-to-date. Additions to and alterations in the statement will be made by the head of office from time on receipt of information from the Government employees concerned.
The statements so received should be countersigned and pasted in the Service Books of the employees concerned.
(ii) All gazetted employees will furnish the details of their family (in form 5A) to the Audit Officer. It will also be their responsibility to keep these particulars up to date. The AuditOfficer will be required to acknowledge receipt of the communication on the subject.
(iii) Cases where death occurs while in service-On receiving the information of death of an employee while in service, the concerned administrative authorities will send a letter in Form 6A with the application form for family pension to the family of the deceased and ask for necessary documents mentioned therein.
(iv) On receiving the documents referred to in sub-para (iii) above the pension sanctioning authority will sanction family pension and send all these documents along with the Service Book of the Government employee to the Accountant General, who will then issue the Pension Payment Order to the beneficiary.
(v) In the case of gazetted employees, on receipt of application for family pension with necessary documents from the claimant, the Accountant General will forward the same to the head of the department for enquiry and report of the title of the claimant for the family pension under these rules. On receipt of the report with the other documents duly attested he will prepare the family pension papers and forward them to the pension sanctioning authority for sanction. On the basis of the sanction received from the pension sanctioning authority and the report he will issue the authorization to the beneficiary. (This procedure is applicable with effect from 1st October 1967).
(vi) Cases where death occurs after retirement.-In order to facilitate prompt payment of family pension to the widow / widower of the pensioner, Pension Payment Order has been amended so as to provide for the admissibility of the family pension to her/him under the same Pension Payment Order, under which the pensioner was drawing his pension. While applying for the grant of pension in Form 2 the Government employee would furnish three copies of his/her joint photograph with wife/ husband: one of which will after having been attested by the pension sanctioning authority be henceforth pasted in the Pension Payment Order –Pensioners portion. The amount of family pension admissible will be mentioned in Pension Payment Order. The Treasury Officer will start paying family pension to the widow/ widower on receipt of death certificate of the pensioner and the application in Form 6 for the grant of contributory family pension to him/her, under intimation to the Audit Officer. If the widow/widower is also not there and the family pension is payable to the minor children through their natural guardian, the guardian will apply on behalf of the children with two copies of his photograph and the other necessary documents to the Head of Office / Department concerned. On surrendering the first Pension Payment Order fresh Pension Payment Order will have to be issued in such cases.
In which of the following cases family pension at Higher rate is not admissible?
(a) Death of the officer occurred without completing 10 yrs of Qualifying service
(b) Death of the officer occurred without completing 15 yrs of Qualifying service
(c) Death of the officer occurred without completing 20 yrs of service
(d) Death of the officer occurred without completing 7 yrs of service Correct Answer:-(d) Death of the officer occurred without completing 7 yrs of service
ANNEXURE I
Certificate of eligibility for contributory family pension
[Referred to in Rule 90(6) (A) (6)]
* ` 4800 per annum (ii) has no other living sons / daughters who are well placed in life and the husband / wife, as the case may be of the beneficiary is also not well placed in life (iii) is not in receipt of family pension on account of the death of any other son/daughter.
Tahasildar
............Taluk
Place……………………
Date.……………………
ANNEXURE II
[Referred to in Rule 90 (6) (A) (6)]
Form of Annual Certificate
Place ...................... Signature..............................
Date....................... Name.....................................
Designation..........................
# ANNEXURE III
[Referred to in Rule 90(7), (iv) and (v)]
MEDICAL CERTIFICATE
(Medical Board……………..)
Certified that Shri/Smt ...…........................................................(address) aged………….....years has been examined by the Board. The Board is of the opinion that he/she is physically crippled/disabled/is suffering from disorder/ disability of mind and that this disability has rendered him/her unable to earn his/her living.
Identification Marks:
Members of Medical Board:
1 (Name)
2 (Name)
3 Chairman (Name)
Date: (Seal)
Contributing family pension scheme introduced w.e.f from
(A) 1/1/1964
(B) 1/4/1964
(C) 4/4/1964
(D)1/4/1969
Correct Answer:-Option: (B) 1/4/1964
Rate of pension contribution to be remitted by Municipal employees is ... ...... of total monthly emoluments.
(A) 15%
(B) 10%
(C) 5%
(D) 20%
Correct Answer:-Option: (A) 15%
GOVERNMENT OF KERALA
Abstract
Eligibility for Family Pension to unmarried daughters above 25 years of age and parents - Income limit - Revised - Orders Issued.
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ii)Employees/Pensioners of State Government/CentralGovernment/Govt owned Companies/Boards/PSUsiii)Working abroad/ Doing business/ Employees ofPrivate institutions/Companies - annual familyincome is Rs. 2,50,000/- or more ]
Higher rate of family pension is allowed for a maximum period of
ReplyDeleteA:-3 years
B:-7 years
C:-8 years
D:-5 years
Correct Answer:- Option-B
Family Pension is ________ of last pay drawn.
ReplyDeleteA:-50% last pay
B:-30% of last pay
C:-40% of last pay
D:-None of the above
Correct Answer:- Option-B
Family pension of a male officer can be sanctioned to his
ReplyDeleteA:-father
B:-mother
C:-wife
D:-son
Correct Answer:- Option-C
Residuary Gratuity is granted to the family of a pensioner when:
ReplyDeleteA:-The Officer voluntary takes retirement
B:-Before the Retirement of officer
C:-After Retirement of the officer
D:-During while the officer is in service
Correct Answer:- Option-C
EXECUTIVE OFFICERS TEST -JULY 2019
ReplyDeleteThe retirement age of a State Govt. Officer under National Pension Scheme is
DeleteA:-60 years
B:-58 years
C:-56 years
D:-55 years
An officer dies while in service leaving behind his wife, two sons, one widowed daughter and his parents. He had not field nomination for DCRG. His DCRG will be paid to
DeleteA:-His wife and his parents in equal shares
B:-His wife, sons, daughter and his parents in equal shares
C:-His wife, sons and daughter in equal shares
D:-His wife only
Family for DCRG in respect of a male employee does not include
DeleteA:-Married daughter
B:-Brothers
C:-Wife
D:-Legally separated wife
Pay of an employee as on 1.3.2018 is Rs. 42,500. He retired on superannuation on 31.12.2018 with a qualifying service of 25 years. What will be his DCRG? (DA 15%)
DeleteA:-Rs. 6,10,940
B:-Rs. 6,10,937
C:-Rs. 6,10,938
D:-None of the above
An officer died after 3 months of his entry in service. The DCRG payable to his family is
DeleteA:-DCRG not admissible
B:-3 months' emoluments
C:-6 months' emoluments
D:-2 months; emoluments
An employee died while he had 8 years of qualifying service. If his last pay was 'A' and DA 'B', the DCRG admissible to his heir is
DeleteA:-12 times 'A'
B:-12 times (A + B)
C:-8 times (A + B)
D:-Not admissible
The Average Emoluments of an Officer on retirement is Rs. 44,987.42. His qualifying service is 32 years. His basic pension will be
DeleteA:-Rs. 22,493
B:-Rs. 22,494
C:-Rs. 23,197
D:-Rs. 23,196
The qualifying service of 28 years and 6 months for Pension will be rounded to
DeleteA:-28 years
B:-29 years
C:-30 years
D:-No rounding admissible
Average Emoluments for Pension is the average of last _________ month's emoluments prior to Retirement.
DeleteA:-12
B:-9
C:-10
D:-5