അനുബന്ധം X : Pension

 APPENDIX - X

[Referred to in Rules 69, 102(a) (ii) and 106 of Part III, K.S.R.]

PART A
Pension (Commutation) Rules

1. (a) These rules may be called the Kerala Pension (Commutation) Rules.

(b) They shall be deemed to have come into force on the 1st November 1959.

2. The powers granted by these rules shall be exercised by the authority competent to sanction pension.

3. An officer shall be entitled, subject to the conditions hereinafter specified, to commute for lump payment any portion not exceeding # forty per cent, of any pension which has been, or may be granted to him under rules *

Provided further that an officer against whom judicial [or a departmental]#proceeding has been instituted or a pensioner, against whom any such proceeding has been instituted or continued under Rule 3 of Part III, shall not be permitted to commute any part of his pension during the pendency of such proceeding.

4. All applications for commutation of pension shall be addressed to the authority competent to sanction pension.

5.(1) On receipt of an application for commutation, the sanctioning authority shall transmit to the applicant a copy of the Account Officer’s certificate of the lump sum payable on commutation in the event of his being reported by such medical board (authority) as the sanctioning authority may prescribe to be a fit subject for commutation and shall, at the same time, instruct him to appear for examination before the said board (authority) within three months from the date of its order or if he has applied for commutation in advance of the date of his retirement with in three months of that date but *after the actual date of retirement. This intimation shall constitute administrative sanction to commutation, but shall lapse if the medical examination does not take place within the period prescribed in the sanctioning order. If the applicant does not appear for examination before the said medical board (authority) within the prescribed period, the sanctioning authority may, at his discretion renew administrative sanction for a further period of three months without obtaining a fresh application for commutation of pension.

The applicant may withdraw his application by written notice despatched at any time before medical examination is due to take place, but this option shall expire on his appearance before a medical authority:

Provided that if the medical board (authority) directs that his age for the purpose of commutation shall be assumed to be greater than his actual age, the applicant may withdraw his application by written notice despatched within two weeks from the date on which he receives intimation of the revised sum payable on commutation, or if this sum is already stated in the sanctioning order, within two weeks from the date on which he receives intimation of finding of the medical board (authority)

If the applicant does not withdraw in writing his application within the period of two weeks prescribed above, he shall be assumed to have accepted the sum offered.

Note :– ‡ An application for commutation of pension made in advance of the date of retirement shall be entertained only if it is made not earlier than three months of the date of retirement.

(2) Subject to the provisions contained in clause (3) and to the withdrawal of an application under the proviso to clause (1) of this rule, the commutation shall become absolute, that is, the title to receive the commuted portion of the pension shall cease and the title to receive the commuted value shall accrue, on the date on which the medical board (authority) signs the medical certificate. Payment of the commuted value shall be made as expeditiously as possible, but in the case of an impaired life no payment shall be made until either a written acceptance of the commutation has been received or the period within which the application for the commutation may be withdrawn has expired.*The date of effect of reduction in pension shall be from the 1st day of the month following the month in which the commuted value is drawn by the pensioner.

(3) If the applicant makes any statement found to be false (within his knowledge) or willfully suppresses any material fact in answer to any question, written ororal put to him in connection with his medical examination, the sanctioning authority may cancel the sanction at any time before payment is actually

made; and such a statement or suppression may be treated as grave misconduct for the purpose of Rule 2 of Part III of the Kerala Service Rules.

Note :–The Board referred to in the rules shall be held at the General Hospital, Trivandrum, with the Director of Health Services as Chairman and shall consist of the following members:-

One physician and a Surgeon of I Grade Civil Surgeon’s rank from the General Hospital, Trivandrum and the Superintendent, Ophthalmic Hospital to do eye-testing. If any one, either the, Physician or Surgeon is absent, a Surgeon or Physician from the Medical College Hospital will be co-opted for the board meeting.

5 A. Notwithstanding anything contained in rule 5, medical examination shall not be necessary for commutation of pension if the application for commutation of pension is made within one year of the date of retirement in the following cases, namely :

(i) retirement on superannuation;

(ii) retirement under rule 56 of Part III Kerala Service Rules;

(iii) State Government employee who are granted a pension on absorption in or under a Corporation, Company or body under the orders governing permanent absorption and who elect to receive monthly pension and Death-cum-Retirement Gratuity

(iv) * a compensation pension under Rule 33 of Part III of the Kerala Service Rules.

This amendment takes effect on and from 9th July 1979.

(v) † a pension in whole or in part sanctioned on finalisation of the departmental or judicial proceedings referred to in rule 3 of Part III of the Kerala Service Rules.

(vi) † In the case of pensioners who have been sanctioned anticipatory pension under rule 116 of Part III of Kerala Service Rules.

# Note 1 :– For the purpose of this rule, the date of application for commutation of pension shall be the date of receipt of application by the Accountant General/the pension sanctioning authority.

# Note 2 :– Date of retirement on a superannuation means the date on which the Government Servants quit service on superannuation. In the case of extension of service, the date of expiry of such extension shall be reckoned as the date of retirement on superannuation.

† Note 3 :– In the case of an applicant referred to in item (ii) or (iii) above where the order retiring him from Government service has been issued with retrospective effect, the period of one year of retirement shall be reckoned from the date of issue of the order.

† Note 4 :– In the case of an applicant referred to in item (v) above the period of one year of retirement shall be reckoned from the date of issue of the order on the conclusion of the departmental or judicial proceedings.

* Note 5 :–On conclusion of Judicial/departmental # proceedings, if there is no punishment, calculation shall be made on the basis of the commutation factor at the time of original application and if there is punishment or reduction of pension, the calculation shall be made on the age at next birthday subsequent to the date of awarding punishment.

6. The lumpsum payable on commutation shall be calculated in accordance with a table or tables present values which shall be prescribed by Government and ‡ rounded off to the next highest rupee. For the purposes of this rule, the age in the case impaired lives shall be assumed to be such age, not being less than the actual age, as the certifying medical authority may direct. In the event of the table of present values applicable to an applicant having been modified between the date of administrative sanction to

commutation and the date on which commutation is due to become absolute, payment shall be made in accordance with the modified table but it shall be open to the applicant if the modified table is less favourable to him than that previously in force to withdraw his application by notice in writing despatched within 14 days of the date on which he receives notice of the modification.

# Note :–The arrears on commuted value of pension due to retrospective pay revision and pension revision can be paid in instalments, if circumstances warrant so.

6A (1) **The commuted portion of pension shall be restored from the first of the month following the month in which a period of twelve years elapses from the date of commutation, i.e, the date of reduction in pension after commutation in cases where commutation is done at retirement at the age of 55, and in other cases the term for restoration shall be determined with reference to the commutation factor (rounded) in each case.

(2) *No Pensioner shall be entitled to commute his Pension, again on the ground that the commuted portion has been restored to him.

The reduction in pension due to commutation of Pension will come into effect from:

a) The date of sanction of commutation 

(b) The first of the month in which commuted value is drawn by the pensioner 

(c) From the next month in which the commuted value is drawn by the pensioner 

(d) None of the above Terminal Surrender of EL is not permissible in which of the

Correct Answer:-(c) From the next month in which the commuted value is drawn by the pensioner

†7. Nominations:-

(i) An applicant shall make a nomination in Form ‘E(1)’ along with the application referred to in rule 110 conferring on one or more persons the right to receive the commuted value of pension in case the applicant dies on or after the date on which commutation becomes absolute before receiving the commuted value;

(ii) If there is no such nomination, or if the nomination made does not subsist, the commuted value shall be paid to the surviving eligible members of the family of the deceased as specified in Rules 67 and 71, based on an enquiry report by the Head of Office, in Annexure III, under rule 118 ;

(iii) If, in any case, the commuted value cannot be paid in the manner indicated in sub-rules (i) and (ii) the same shall be paid to his legal heirs.

Government Decision No. 1

! In such cases the commuted value shall be paid to the heirs of the deceased,without the production of the usual legal authority, to the extent of `2500/- (Rupees Two thousand and five hundred) on production of heirship certificate issued by a Tahsildar (under the State Government) in whose jurisdiction the heirs of the deceased live. Any amount exceeding ` 2500 (Two thousand and five hundred) shall similarly be paid under the orders of Government on execution of an indemnity bond in Form 8 with such sureties, as they may require, if they are satisfied of the right and title of the claimant and consider that undue delay and hardship would be caused by insisting on the production of legal authority.

Government Decision No. 2

† In case where a legal heir desires another major legal heir to receive his share of commuted value on his behalf (without actually relinquishing his/her claim) a power of attorney in the form as given in the Government Decision below Rule 67 should be insisted upon from the former. The power of attorney must be in a stamp paper worth rupees three and need not be registered in such cases but may be authenticated by Tahasildar, a Notary Public, or any Court, Judge or Magistrate.

PART - B

Procedure for the Commutation of Pensions

*on Medical Examination

An application for commutation of pension on medical examination should be made in Part I of Form A appended to these rules accompanied by two passport size photographs (one duly attested and other without attestation) and addressed :

* This amendment shall be deemed to have come into force with effect on and from the 31st May 1978.

(i) If the applicant is still in service or has retired but his pension has not yet been sanctioned, to the authority competent to sanction his pension, through the Head of the Office in which he is or was employed or if he is or was himself the Head of the Officer, through the Head of

his Department.

(ii) Otherwise to that authority through the Accounts Officer of the State in which the Treasury from which the pensioner draws his pension is situated.

Note :–The attested copy will be pasted in Part I of Form A and the other copy loosely attached to it.

2. The application addressed to the authority specified in rule (i) above should be transmitted forthwith to the Accounts Officer who is reporting on the title to pension.

3. The Accounts Officer should complete Part II of Form A without delay and transmit it, together with copies of the Medical reports mentioned in the concluding portion of regulation 5 (ii) below, if they are on record in his office, to the authority competent to sanction the commutation, whether that authority is correctly named in Part I or not.

4. The authority competent to sanction commutation should thereupon accord his administrative sanction in Part III of Form A.

5. The sanctioning authority should then – (i) transmit to the applicant on Form B a certified copy of the Accounts officers, certificate contained in Part II of Form A, and one copy of Form C, Part I of which is to be filled in by the applicant before his medical examination and handed to the Medical authority; and (ii) forward to the Director of Health Services in original the completed Form A, together with a copy of Form C, a copy of the attested photograph sent along with the application as in Rule I above and an extra copy of Part II that form, and, if the applicant has been granted an invalid pension, or has previously commuted any portion of his pension (or declined to accept commutation on the basis of an addition of years to his actual age, or has been refused commutation on medical grounds copies of the previous medical reports or statements of his case.

6. The Director of Health Services should arrange for the medical examination of the applicant by the authority prescribed in rule 7 below at the nearest available station to that named by the applicant in Part I of Form A and as early as possible within the period prescribed and inform the applicant direct.

The form and other documents should be transmitted by the Director of Health Services to examine by the medical authority.

7.(i) Before any commutation administratively sanctioned becomes absolute, the applicant must be examined by the proper medical authority hereinafter prescribed.

(ii) Applicants for commutation of pension *(on medical examination) will not be allowed to select there own medical officers. They will be ordered to appear for medical examination before the District Medical Officer of the district in which they draw their pensions or any other Medical Officer selected by Government. In cases when the capitalized value inclusive of the amounts paid on account of previous commutations is ` 10,000 † or more the applicants will be sent for examination before the Standing Medical Board without any preliminary medical examination.

In the case of an applicant who has been granted an invalid pension the

grounds of invalidating or the statement on the medical case shall be

communicated to the certifying authority before the certificate is signed. A

copy of the previous medical report or reports, if any, relating to an applicant

for commutation of pension shall always be communicated to the certifying

medical authority when a medical report is called for from him on a subsequent

application for commutation. (iii) The Medical authority after obtaining from the applicant a statement in Part

I of Form C (which must be signed in its presence) shall subject him to a strict

examination, enter the result in Part II of Form C and record its opinion as to

the accuracy with which the pensioner has answered the question prescribed

in Part I regarding his medical history and habits. Lastly, it shall attest the

unattested copy of the photograph of the pensioner and complete the

certificate contained in Part III of Form C; and in the case of non-gazetted

Government employees other than those specially, exempted by Government,

obtain in its presence the left hand thump impression.

(iv) In the case of an applicant who has been or is about to be granted an invalid

pension, the grounds of invalidating or the statement of the medical case

shall be duly considered by the certifying, medical authority before the

certificate (Part III of Form C) is signed.

(v) The fee for medical examination for commutation for pension shall be ` 16

whether the medical examination is conducted by a single medical officer or

by the Standing Medical Board, provided that in the case of pensioners

drawing ` 30 and less a month, the fee shall be ` 10 irrespective of whether

the examination is conducted by a single medical officer or by the Standing

Medical Board. 25 per cent of the fee in either case shall be remitted into

treasury to the credit of the Government under the head “XXIII Medical

Miscellaneous – other items” and the balance given to the medical officer or

the Medical Board at the time of examination.

(vi) The ultimate medical authority shall, without delay forward the completed

Form A and C in original and the copy of photograph attested by it to the

Accounts Officer who gave the certificate contained in Part II of Form A, a

certified copy of the completed Form C to the Sanctioning authority, and a

certified copy of Part III of Form C to the applicant. 

* Note 1 :–Rectification of the original certificate of the District Medical

Officer if any should be obtained and documents sent to the Accountant

General by the standing Medical Board within three months from the

date of receipt of the Medical Certificates from the District Medical

Officer.

If, however, the Board finds it difficult to process any particular case

within this time limit, the fact should be intimated to the officer who

issued administrative sanction and extension of time not exceeding one

month obtained. Further extension of time should be sanctioned only by

the Government.

Note 2 :– Reciprocal arrangements have been entered into with the Mysore

Government to the effect that officers including Police Personnel of

one State while staying in the other will be examined by Medical Board

or a Medical Officer employed under the Government of the State

concerned for the purpose of commutation of pension. A medical

requisition from the competent authority will be required before the

medical examination is conducted. The fees fixed for medical

examination in this case should be borne by the pensioner.

The Accounts Officer on receipt of the completed Form A and C and copy of

photograph attested by the medical authority shall arrange forthwith for the

payment of the appropriate commuted value and for the corresponding

reduction of pension. He shall also forward to the disbursing officer Form C

containing the signature and the thumb and finger impressions taken in the

presence of the medical authority and copy of photograph attested by it with

instructions that they should be verified with those received with the pension

payment order.

8. ** A pensioner whose application for commutation of pension is rejected

on the recommendation of a medical authority that he is not a fit subject for commutation of pension or who has declined to accept commutation

on the basis of addition to his actual age, as recommended by the Medical

Authority will be allowed one re-examination by the Medical Board at his

cost, provided that an interval of not less than one year has elapsed

between the first medical examination and the second. The Medical Board

re-examining the pensioner will be furnished with a copy of the report of

the medical authority, which previously examined him.

PART – C

Procedure for Commutation of Pension without

Medical Examination

1. An application for commutation of pension without medical examination

shall be in Form D appended to these rules and shall be sent to the

authority competent to sanction the pension of applicant.

(i) If the applicant is still in service or has retired but pension has not yet

been sanctioned, through the head of the office in which he is or was

employed or if he is or was himself the head of an office through the

Head of his Department;

(ii) In other cases through the Accounts Officer of the State in which the

Treasury from which the pensioner draws his pension is situated.

2. The application addressed to the authority specified in clause (1) of Rule 1,

shall be transmitted forthwith to the Accounts Officer who is to report on the

entitlement of the pension to the applicant.

3. The Accounts Officer shall complete Part II of the Form without delay and

transmit in to the authority competent to sanction commutation.

4. The authority competent to sanction commutation shall there upon record

his administrative sanction in Part III of the Form. If the application for

commutation is received in advance of the date of retirement of the

employee, the commutation shall be sanctioned only after his retirement.5. The commutation shall become absolute on the date on which the authority

competent to sanction the pension accords sanction for the commutation.

(i) In cases where application of pension is submitted on or before the date of

retirement commutation shall become absolute on the date following the

date of retirement. In such cases, pension-sanctioning authority will accord

advance sanction for commutation also and then forward the application

for commutation to the Accountant General for verification and

authorization of payment.

(ii) In cases, where application for commutation of pension is submitted

after the date of retirement but before the expiry of one year from the

date of retirement, commutation shall become absolute on the date of

receipt of the application by the pension sanctioning authority,

Accountant General.

Provided that in the cases covered by items (ii),(iii) and (v) of Rule

5A of Part A, the period of one year shall be reckoned from the date

of issue of orders retiring the person from Government service or

the date of issue of orders on the conclusion of the departmental or

judicial proceedings, as the case may be.

(iii) # The date of effect of reduction of pension shall be from the 1st day of

the month following the month in which the commuted value is drawn

by the pensioner.

PART – D

Procedure for the Restoration of the

commuted portion of Pension.

(i) A Pensioner who is eligible for the restoration of the commuted portion

of the pension as per Rule 6A, in Part A in Appendix-X shall sent an

application in the ‘Form E’ is Appendix-X in the Annexure, directly to the Accountant General, Kerala.

(ii) The Pensioner shall also append a life certificate with the application *as laid

down in Rule 126 Part III Kerala Service Rules

(iii) The Accountant General shall issue an authorization to the pension disbursing

authority for restoring the original pension with copy to the pensioner.

(iv) The pension disbursing authority shall immediately revise the entries relating

to the quantum of pension in the records maintained in his office and also in

the pension payment order when produced by the pensioner.

(v) † The pension disbursing authority shall ensure that there is no avoidable delay in

making the payment of the amount due the pensioners consequent on the

restoration of their commuted portion of pension.

[This shall be deemed to have come into force with effect from 1st day of

April 1983]

MISCLANEOUS QUESTIONS

Family pension is not admissible in which of the following cases: 

(a) Retiring Pension 

(b) Superannuation Pension 

(c) Invalid Pension 

(d) Ex-Gratia Pension 

Correct Answer:-(d) Ex-Gratia Pension 

[ GO(P) 1851/1999]

Maximum portion of pension that can be commuted w.e.f 01/07/ 2009 is: 

(a) 33.3% 

(b) 40% 

(c) 50%

(d) 20% 

Correct Answer:-(b) 40%