PROCEDURE RELATING TO PENSIONS
APPLICATIONS FOR AND GRANT OF PENSIONS
Section I – General
108 (1) The rules in this Part shall apply to all Government employees applying for pension under the Kerala Service Rules.
(2) For the purpose of this part “gratuity” means death-cum-retirement gratuity under Rule 66 and includes service gratuity under Rule 64, if any.
109 Every head of department shall have a list prepared every six months, on the 1st January and the 1st July each year of all gazetted and non-gazetted government employees who are due to retire within the next 12 to 18 months of that date. A copy of every such list shall be supplied to the Audit Officer concerned not later that the 31st January or the 31st July, as the case may be, of that year. In the case of persons retiring for reasons other than by way of superannuation, the head of the department shall promptly inform the Audit Officer as soon as the impending retirement becomes known to him.
On 1st January and 1st July, every Head of department should prepare a list of all gazetted and non gazetted employees, who are due to retire within the next 12 to 18 months of that a copy sent to :(a) The accountant general
(b) Secretary of the department concerned
(c) Director of treasuries
(d) The Governor
Correct Answer:- Option:(a) The accountant general
110 Every government employee shall submit a formal application for pension in Form 11, gazetted government employees shall send their applications @ direct to the Audit Officer and non-gazetted employees to the head of office. Every government employee should submit his formal application for pension at least one year in advance of the date of his anticipated retirement:
Provided that,
(i) In cases in which the date of retirement cannot be foreseen one year in advance, the application shall be submitted immediately after the date ofretirement is settled; and
(ii) A Government employee proceeding on leave preparatory to retirement in excess of one year, shall submit the application at the time of proceeding on such leave; and
(iii) When a government employee dies without making a formal application before his retirement, the authority competent to sanction pension may relax the provision of this rule and sanction pension or gratuity due to the Government employee from the date of retirement up to and inclusive of the date of his death as if he had made a formal application for the same before retirement.
The pension or gratuity sanctioned in accordance with this proviso may be paid to the heirs of the deceased in accordance with the normal provisions of the Rules.
Note:–† The authority competent to make appointment to the post vacated by the retiring Government Servant shall be competent to sanction the pension of that retiring Government Servant. However, Government shall have also power to sanction the pension of any retiring Government Servant.
111. The head of office shall send the Service Book of every gazetted Government employee to the Audit Officer at least one year in advance of date of retirement after satisfying himself that the certificate of verification regarding the non-gazetted service has been recorded therein and that the Service Book is complete in all respects. The service book of a non-gazetted Government employee promoted to officiate in a gazetted post at any time during the last year of the service and likely to continue as such till the date of his retirement shall be completed in all respects, and forwarded to the Audit Officer within a fortnight of his promotion.
Section I A – Verification of qualifying service after 25 years of
service or 5 years before retirement.
‡111A. On a Government employee completing 25 years of service or on his being left with 5 years before date of retirement, whichever is earlier, the Audit Officer concerned in case of a gazetted Government employee and or the head of office, in consultation with the Audit Officer concerned, in the case of a non-gazetted Government employee, shall, in accordance with the rules for the time being in force, verify the service rendered by such Government employee and determine the qualifying service and communicate to him the period of qualifying service so determined.
(a) Finance department
(b) Head of Office
(c) Accountant General
(d) None of these
Correct Answer:- Option:(c) Accountant General
Section II – Application – Gazetted Government Employees
112. # Omitted
(b) (i) On receipt of the formal application and other required documents from the Government employee/department, the Audit Officer shall prepare and forward the pension papers with the verification report to the head of the department or the Government, as the case may be.
(ii) The authority sanctioning the pension shall after getting the remarks duly recorded by the receiving authority in page 3 of form 2, communicate the sanction to the Audit Officer within a period of three months, but not later than the actual date of retirement of the Government employee.
(iii) If after the communication of the order of sanction to the Audit Officer, any event occurs which has bearing on the amount of pension admissible, the fact shall be promptly reported to the Audit Officer by the authority sanctioning the pension. In case no such event has occurred a report to that effect together with a certificate as to the satisfactory nature of the service rendered by the Government employee after the despatch of the pension papers shall be forwarded to the Audit Officer within a week of the date on which the Government employee retires.
(c) The details of any Government dues outstanding against the government employee and steps taken to safeguard the interest of the Government in this behalf shall also be communicated by the head of the department or the Government in the capacity of receiving Authority referred to in sub-clause
(ii) of clause (b), to the audit Officer at least within 14 days from the date of retirement of the Government employee.
Section III – Application – Non-gazetted Government Employees
114. # Omitted
115.(a) *As a first step the Head of Office shall send to every Non-Gazetted Government employee a notice requiring him to furnish the formal application one year in advance with relevant documents. The head of office shall also draw attention* Substituted[G O(P) No. 94/2007/Fin., Dated 05/03/2007] of the retiring Government employee to the provisions of Rule 119.
(b) Thereafter, the head of office shall fill in, in accordance with the instructions in Form 3 the first two pages of Form 2 irrespective of the fact whether a formal application for pension is received from the Government employee or not, and proceed as follows:¬
(i)He should see that the annual certificates of verification for the entire service are, recorded in the Service Book or Service Roll, as the case may be. The omissions, if any, shall be supplied by him with reference to the pay bills, acquittance rolls and other relevant records.
(ii)The unverified portion of service rendered by the Government employee in another office or department, if any, shall be got verified and the certificate of verification recorded by the concerned head of office/department.
(iii) If any portion of service rendered by a government employee is not capable of being verified in the manner specified in sub-clauses (i) and (ii), the Government employee shall be required to file a written statement on plain paper in the following form:¬
1 “ I ………………………………. (Here enter name of the retiring government employee) hereby state that I have actually rendered service as ……………………….. (Here enter designation) in the Office of the …………………….. during the period from …………….20………. to ……………..20………
Signature and name of the Government
Station ………………………
employee with full address.” Date ………………………… Witnesses : (1) ……………………….... ……………………........ ........................................
(2) .......................................
........................................
He shall also be asked to produce all documentary evidence in support of the written statement and furnish any further information available with him
(c)(i) The head of office shall complete the entries in Form 2 in all respects as soon as the formal application is received from the Government employee.
(ii) As the receiving authority, the head of office shall, on page 3 of Form 2, certify as to whether the character, conduct and past service of the Government employee are such as to entitle him to pension. He shall also record therein his opinion as to whether the service (including the unverified portion of service if any, for which written statement has been obtained from the government employee himself) claimed has been established and should be admitted or not.
(iii) He shall then send the pension application in duplicate, along with the documents referred to in Form 3 to the pension sanctioning authority for sanction.
(iv) The pension sanctioning authority shall on receipt, record in both the application his orders for the grant of pension, death-cum-retirement gratuity and family pension and forward one copy with the documents to the Audit Officer, and the other copy to the head of the office for record in his office.
(v) If any event afterwards occurs which has bearing on the amount of pension admissible, the fact shall be promptly reported to the Audit Officer by the authority sanctioning the pension.
(vi) A certificate as to the satisfactory nature of service rendered by the government employee for the period from the date of admitting service by the pension sanctioning authority to the date of actual retirement shall also be forwarded to the Audit Officers within a week from the date on which he retires. Details of any government dues outstanding against the Government employee and the steps taken to safeguard the interests of Government in this behalf shall be intimated to the Audit Officer simultaneously.
SECTION IV-Anticipatory Pension.
116.(1)When a Government employee is likely to retire before his pension can be finally assessed and settled in accordance with the provisions of this part, the Audit Officer, in the case of gazetted government employees and non-gazetted employees and whose cases where referred to him before retirement and the head of office in the case of other non-gazetted Government employees shall issue authorization/ proceedings sanctioning *100% of the probable pension to which the government employee is eligible for as ‘Anticipatory Pension’ .The pension so disbursed shall be subject to revision on completion of detailed investigation and enquiries, if any. If the amount of anticipatory pension granted to an employee is afterwards found to be in excess of the pension finally assessed under the rules, he shall be called upon to refund the excess in the manner and subject to the condition specified in Rule 117.
When a Government servant retires from service before his pension is finally fixed which of the following will be granted?
(a) Provisional Pension
(b)Retiring Pension
(c) Anticipatory Pension
(d) Compensation Pension
Correct Answer:- Option: (c) Anticipatory Pension
(2) If the Government employee is entitled to gratuity in lieu of pension not more than three-fourth of the amount of such probable gratuity shall be disbursed to him under the authority from the Accountant General in the case of a gazetted Government employee and on the sanction of the head of Office/Department in the form in Annexure 1 in the case of non-gazetted government employee.
Not more than three-fourth of the amount of death–cum-retirement gratuity shall also be authorized for payment to the pensioner as above.
The pension and Death-cum-Retirement Gratuity of an officer cannot be assessed and settled before his retirement, and there will be a delay of about 6 to 8 months, for which the officer is not responsible. He may be paid provisionally, of the amount of D.C.R.G.
(B) Two-third
(C) Three-fourth
(D) 100%
Correct Answer:- Option: (C) Three-fourth
(3)In the event of death of a government employee, similar payment of gratuity/ death-cum-retirement gratuity may also be made in the appropriate proportion to the nominees and in cases where no valid nomination subsists, to the surviving members of his family in accordance with the relevant orders issued from time to time
(4)A copy of the sanction for anticipatory pension (or gratuity) and death-cum-retirement gratuity issued in the form in Annexure I in the case of a non-gazetted government employee shall be endorsed to the Accountant General also.
(5) *[Omitted. Takes effect on and from 1st October 1977]
Ruling
1 If the liabilities could not be finalized but could be estimated at the time of retirement, pension and death-cum-retirement gratuity will be released after accepting a surety bond or cash deposit or after withholding from the death-cum-retirement gratuity the estimated amount of the outstanding dues plus 25 per cent thereof.
2 If disciplinary proceedings are being continued against an officer under Rule 3 as on the date of retirement the existing provision under Rule 3-A of paying provisional pension withholding the entire death-cum-retirement gratuity will be operative.
3 In cases not covered by paragraph (1) or (2) above, the pension and death-cum-retirement gratuity will be released provisionally after withholding from the death –cum-retirement gratuity, the amounts noted below:
(1) Employees in charge of cash/stores The full amount of death–cumretirement gratuity
(2) *Gazetted and Non-Gazetted employees other than 10 percent of the death–cumretirement gratuity.
(1) above
4. In all cases where the procedure referred to in paragraph (1) or paragraph
(3) is proposed to be followed, the pension sanctioning authority will not later than a week after the retirement of the employee, intimate the Accountant General, without fail the amount or percentage of the death-cum-retirement gratuity to be withheld.
5. In all cases where the liabilities could not be assessed and fixed before retirement of the Government employees, efforts should be made to assess and adjust the recoverable dues within a period of one year from the date of retirement of the Government employee concerned. If in any case, the liability could not be assessed and adjusted within one year, the amount withheld from the death-cum-retirement gratuity or the surety bond or cash deposit accepted under paragraph (1) or (3) above will be released. Disciplinary action shall be taken against the employees responsible for the failure to assess and adjust the liabilities within the prescribed period.
(6)In the case of non-gazetted government employee, the head of office shall draw and disburse the anticipatory pension/ gratuity and death-cum¬retirement gratuity with a copy of the sanction attached to the bill on the first day of the month following the month in which the Government employee retires. If the pensioner whose pension does not exceed ` 100 desires payment by Money Order or Bank Draft, the remittance will be made at Government post and such payment of pension exceeding ` 100 but not exceeding ` 200 shall be made at his own cost.
(7)Anticipatory pension shall be paid for a period of six months from the date of retirement of the Government employee in the first instance, when the final pension/gratuity cannot be assessed within the stipulated period, the Audit Officer shall extend the period of payment of anticipatory pension for such period as he may consider necessary, under intimation to the Treasury Officer and the head of Office concerned.
(B) six months but can be extended further by Audit Officer
(C) One year from the date of retirement
(D) none of these
Correct Answer:- Option: (B) six months but can be extended further by Audit Officer
(A) 3 years
(B) 1 year
(C) 6 months
(D) 3 months
Correct Answer:- Option: (C) 6 months
What is the period up to which Anticipatory Pension can be given to a Deputy Director of Education, who retired on superannuation on 30.6.2014?
(A) up to December 2014
(B) up to June 2015
(C) up to December 2014, but can be extended for such period as the Audit officer may consider necessary
(D) none of the above
Correct Answer:- Option: (C) up to December 2014, but can be extended for such period as the Audit officer may consider necessary
(8)A register in the form in Annexure II will be maintained by the head of office/ Department for watching the payment of anticipatory pension.
Section V-Final pension
117.(1) On receipt of sanction for pension etc., as indicated in Rule 113 (b) (ii) and 115 (c) (iv) above, the Audit Officer shall apply the requisite checks and record his audit enfacement on the third page of Form 2. The authorization for the drawal of the amount of death-cum-retirement gratuity and the pension Payment Order shall then be prepared. They shall not be issued more than a fortnight in advance of the date of commencement of pension and the fact shall be reported to the pension sanctioning authority. If the amount of anticipatory pension is found to be in excess of the amount of final pension, the pension sanctioning authority shall serve on the pensioner a notice requiring him to refund the amount paid in excess within a period of 2 months of the receipt of the notice by him. On his failure to comply with the notice, the excess payment shall be adjusted in instalments from the future payments of pension or the excess amount adjusted out of the balance of gratuity, if any, as the pension sanctioning authority may decide. However, the excess drawals of anticipatory gratuity shall not be required to be refunded by the gratuitant.
(2) If the payment of the balance of the gratuity is desired to be made from the Treasury or Sub-treasury from which the final pension is to be drawn, the Audit Officer shall authorize the payment of gratuity after adjusting the amount, if any, outstanding against the retired government employee. The fact of the issue of the pension payment order and the payment of the balance of gratuity shall be promptly reported to the head of office and the pension papers which are no longer necessary shall be returned to him by the Audit Officer. He may also authorize the payment of the balance of the gratuity even during the period of the currency of the anticipatory pension, provided that the amount of gratuity has been finally assessed and no Government dues are outstanding against the Government employee, pending recovery.
In the case of non-gazetted employees the liabilities as noticed in audit will be intimated by the Audit Office to the departmental officer. He will communicate the same as required under the rule to the party to furnish his explanation or objection, if any, within the period stipulated in the Rule. Meanwhile the balance of death-cum-retirement gratuity after withholding the dues including liabilities pointed out by the departmental officer will be authorized from the Audit Office with necessary intimation to the party. On receipt of the reply from the departmental officer in regard to the party’s explanation on or objection to the dues communicated, further action either to adjust the amount withheld or to release the same will be initiated by the Audit Office. Similarly in the case of gazetted, government employees the Audit Office will observe the formalities before the final payment of death-cum-retirement gratuity.
(a) Pension
(b) DCRG
(c) Commuted value of pension
(d) Cannot be recovered
Correct Answer:- Option: (b) DCRG
117A.* If the amount of final pension granted to an officer is afterwards found to be an excess of that to which he is entitled under the rules, the pensioner shall be liable to refund such excess amount to Government. When any amount is liable to be refunded under this rule, the sanctioning authority shall serve on the pensioner a notice requiring him/ her to refund the amount paid in excess within a period of two months from the date of receipt by him/ her of the notice. On his/her failure to comply with such notice, the sanctioning authority shall order that such excess amount shall be adjusted by short payments of pension in future in such number of instalments as the authority may order. A similar procedure shall be adopted in the case of family pension also.
118. ‘Cases where death occurs while in service’ : –
(1) If the government employee has executed a nomination in the prescribed form and the nomination subsists, the Head of the Office/Department or the Audit Officer who is the custodian of the nomination shall, on receipt of the death report of the employee, send to the nominee(s) a letter in Form 6A together with a copy of form 6 asking for necessary documents. On their receipt, he shall draw up the pension papers and forward them to the pension sanctioning authority .The pension sanctioning authority will sanction the death-cum-retirement gratuity and the family pension, if any, and send the pension papers to the Audit Officer. After verification, the Audit Officer shall authorize the payment of the amount of death¬cum-retirement gratuity and issue family pension payment order on the authority of the orders recorded by the pension sanctioning authority
(2) If the employee has not executed a nomination in the prescribed form or in cases where the nomination made does not subsist, the head of the office/department shall arrange to conduct an enquiry to ascertain who are the surviving members of the family eligible to receive the death-cum-retirement gratuity and family pension. On receipt of the enquiry report in the form in Annexure III, he shall obtain from the surviving eligible members an application in Form 6, draw up the pension papers in respect of the deceased non-gazetted employee and forward them to the pension sanctioning authority. If the claimant for family pension is the father or the mother, etc., the Head of Office/ department should satisfy himself that the conditions laid down in Rules 81, 84, and 90, as the case may be are fulfilled before forwarding the pension papers to the pension sanctioning authority. The pension sanctioning authority shall, after recording his orders sanctioning death-cum-retirement gratuity and family pension, pass on the pension papers to the Audit Officer for authorizing the payment of the amount of death-cum-retirement gratuity and issuing family pension payment order. The enquiry report along with the application in Form 6 from the surviving eligible members of the family of a deceased Gazetted Government Employee shall be passed on to the Audit Officer who shall complete the Form 6 and forward it to the pension sanctioning authority for recording his orders for the payment of the death-cum-retirement gratuity and the family pension. After recording the orders of the Pension Sanctioning authority on the Pension application, it shall be forwarded to the Audit Officer for authorizing payment of the amount of death-cum-retirement¬gratuity and issuing Pension Payment Order.
† Provided that where the minor child is under the care of a de facto guardian while the natural guardian is alive and the natural guardian consents to the payment of amount or share of the gratuity to the de facto guardian, it shall be payable to de facto guardian, on production by him of¬
(i) A certificate from the Tahasildar of the Taluk to the effect that the minor is 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 8 A
Note 1 :–The legal position as to whom the capacity of minor natural guardian/ legal guardian, the share of a minor would be payable is explained as under: ¬
(a) When a share payable to minor sons or minor unmarried daughters it should be paid to the surviving parent except in the case when the surviving parent happens to be a Muslim lady, where, however, there is no surviving parent, or the surviving parent is a Muslim lady, payment will have to be made to the persons producing the guardianship certificate.
(b) When a share is payable to a widowed minor daughter production of a guardianship certificate would be necessary.
(c) If in a rare case the wife herself happens to be a minor the death-cum-retirement gratuity payable to her shall be paid to the persons producing the guardianship certificate.
(d) When there are no surviving members of the family as in items
(a), (b), (c) and (d) of Rule 71 and the death-cum-retirement gratuity becomes payable to a minor brother or a minor unmarried sister, the payment should be made to the father or, in his absence the mother of the beneficiary except in the case where the mother happens to be a Muslim lady. If the death-cum-retirement gratuity becomes payable to a minor child of a predeceased son, payment should be made to the mother of the beneficiary except in the case where the mother happens to be a Muslim lady. In these cases too, if there is no surviving parent or the surviving parent happens to be a Muslim lady, the payment shall be made to the person producing the guardianship certificate. If any share is payable to a widowed minor sister, the production of a guardianship certificate would be necessary.
(ii) Where a valid nomination subsists. –
(b) Where there is no family, the nomination in favour of an illegitimate child, or a married sister would also be valid. The position would, therefore, be as follows: ¬
(i) If the nominee is an illegitimate child, share will be payable to the mother, and, in her absence the production of a guardianship certificate would be necessary.
(ii) If the share is payable a married minor girl, the share will be payable to the husband.
Explanation : The term “surviving parent” mentioned in Note 1 (i) above does not include “ surviving step mother”.
Note 2 :–Payment of death-cum-retirement gratuity to the extent of `*100000 (or the first ` *100000 where the amount payable exceeds `*100000) in favour of a minor may be made to his/her guardian in the absence of a natural guardian, without the production of a formal guardianship certificate but subject to the production of an indemnity bond in Form 8A with two suitable solvent sureties to the satisfaction of the sanctioning authority. The balance in excess of `*100000, if any, would become payable on the production of a certificate of guardianship.
It is essential that there should prima facie grounds for making payment on the production of an indemnity bond to the person claiming it. Such ground can exist only if he is shown by a sworn declaration to be a de-facto guardian and his bonafides have been ascertained. Even if a guardian has not yet been appointed by the court, if the minor and his property are in the custody of some person, such person is in law de-facto guardian. The authorities making the payment should therefore, require the person who comes forward to claim payment on behalf of the minor, to satisfy them by an affidavit that he is in charge of the person and property of the minor and is looking after it or that, if the minor has no property other than the gratuity the minor is in his custody and care. The affidavit so to be produced is in addition to the indemnity bond with suitable sureties.
Note 3 :–In cases where the surviving parent happens to be a Muslim lady and where the aggregate amount of the gratuity due to her minor children does not exceed one thousand rupees, the share of the death-cum-retirement gratuity due to them will be paid to her on production of a certificate issued by the Tahasildar in whose jurisdiction the beneficiaries live, that the minor children are under her care and custody.
ANNEXURE I
Anticipatory Pension Sanction Form
[Referred to in Rule 116 (2) and (4) of part III, Kerala Service Rules]
(2) The amount of `. ……………(Rupees…………only) shall be recovered from the gratuity/ death-cum-retirement gratuity as detailed
(ii) Amount towards assessed liabilities …. …..
(3) The pension is payable from………..20……..to.................. 20.. ……
(5) This sanction is subject to revision when the final pension/gratuity and death-cum- retirement gratuity are sanctioned.
To
The Accountant General, KeralaThe District/Sub Treasury OfficerThe person concerned.
ANNEXURE III
Form of Enquiry Report
[Referred to in Rule 118 (2) of part III, Kerala Service Rules]
I hereby certify that I have made personal enquiries regarding the surviving members of the family of late Sri/Smt ……….…………………… (designation) as per rules 67 and 71 of Part III of K.S.Rs, and I am satisfied that the persons whose particulars mentioned below are the only claimants who are eligible for the death-cum-retirement gratuity.
2.Sons
3.Unmarried daughter (unmarried as on the date of death of the deceased employee)
4 Widowed/ divorced daughter (widowed/ divorced as on the date of death of the deceased employee)
5. Brothers below the age of 18 years and unmarried or widowed or divorced sisters (as on the date of death of deceased employee)
6.Father
7.Mother
8.Married daughters
9.Children of a pre-deceased son
Head of Office/ Department……………..
Name of Office/Department…………….. Place…………. Date………….
INSTRUCTIONS
2 The name, address, age, relationship with the deceased, two bodily marks of identification and two-specimen signatures of each member should be given. The bodily marks of identification and specimen signature are not necessary in respect of minors.
3 Item 2, 3 and 4 will include stepchildren, adopted children and posthumous children.
Items 6 and 7 will include adoptive parents in the case of individuals whose personal law permits adoption.
Item 8 will include married adopted and / or step daughters.
A pensioner sanctioned with anticipatory pension can also draw ________ percent of his DCRG admissible.
ReplyDeleteA:-50%
B:-60%
C:-65%
D:-75%
Correct Answer:- Option-A:-50%
EXECUTIVE OFFICERS TEST -JULY 2019
ReplyDeletePayment of Anticipatory Pension is governed by
DeleteA:-Rule 123 Part III
B:-Rule 115 Part III
C:-Rule 50 Part III
D:-Rule 116 Part III
In the case of an Officer who died in service on 10.12.2018, his wife is eligible for Family Pension from
DeleteA:-1.1.2019 onwards
B:-11.12.2018 onwards
C:-10.12.2018 onwards
D:-1.12.2018 onwards