DOPPW OM Dated 28 April 2022: Benefits of CCS(Pension)Rules or CCS (EOP) Rules extended to Family of missing Central Government Employees Covered under National Pension System (NPS).
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension and Pensioners Welfare
OFFICE MEMORANDUM
Sub: Benefits of CCS(Pension)Rules or CCS (EOP) Rules extended to Family of missing Central Government Employees Covered under National Pension System (NPS)
The undersigned is directed to say that the New Pension Scheme (Now Called as National Pension System) (NPS) was introduced vide Ministry of Finance, Department of Economic Affair's Notification No. 5/7/2003-ECB&PR dated 22.12.2003. It was provided that NPS would be mandatory for all new recruits to the Central Government Service from 01.012004 except the Armed Forces. Simultaneously, the Central Government services Pension Rules 1972 and the Central Civil Services (Extraordinary Pension) Rules were amended to provide that those rules would be applicable to the central government servants appointed on or before 31.12.2003.
2. However considering the hardship being faced by the government servants appointed on or after 01.012004 benefits of CCS Pension Rules 1972 or CCS Extraordinary pension Rules as the case may be were extended on provisional basis in the event of dash of government servant covered by NPS or his discharge from service on invalidation disablement wide this Department OM No&PW(A) dated 05.05.2009.
3. Further the central civil services implementation of national pension system rules 2021 have been notified on 31.03.2021 inter-alia providing government servants covered under these rules for exercise of options during their service for availing benefits of CCS pension rules 1972 or CCS extra ordinary pension rules as the case maybe or benefits from there accumulated pension Corpus under National pension system in the event of dash of the government servant covered under NPS or his discharge from service on account of invalidation or disablement.
4. If a government servant covered by CCS pension rules 1972 coach missing the benefits of areas of salary family pension retirement gratuity leave encashment etc are paid to the families of the missing employees in accordance with the instructions issued wide this departments Om dated 25th June 2013. References have been received from Ministries/Departments for extending the provisions of the OM No. 1/17/2011-P&PW(E) dated 25.06.2013 to Government servants covered under NPS who go missing during service and those whereabouts are not known.
5. The matter has been examined in concentration with department of personal and training department of financial services and Department of Expenditure. Considering the hardship faced by the family of such government servants it has been decided to extend the benefits of this department OM No. 1/17/2011-P&PW(E) dated 25.06.2013 to the families of government servants covered by NPS who go missing during service. Accordingly in all cases where a government servant covered by NPS goes missing during service the benefits of family pension may be paid to the family if the missing government servant had exercise option for benefits under CCS pens and rules on death or discharge from service on inability bar invalidation or the benefits under CCS pension rules is the default option under the central civil services implementation of national pension system rules 2021. The benefits of areas of salary retirement gratuity and leave encashment shall be paid to the family in all cases where a government employee covered under NPS goes missing during service respect you whether the employee had exercise option for benefits under CCS pension rules or under the Pension Fund regulatory and Development Authority exist and withdrawal under National pension system regulation 2015. Payment of the benefits to the family of the missing government servant would however be subject to the conditions as and procedural requirements and in this departments OM No. 1/17/2011-P&PW(E) dated 25.06.2013.
6. In the case of a Government servant covered under NPS goes missing during service and his family is given family pension under CCS pension rules or CCS up rules the permanent retirement account number under NPS would remain suspended till the government servant reappears or till he is declared dead in accordance with the law. In the event of reappearance of government servant the NPS account would be reactivated and the same account under NPS will become operative. Recovery of payment may to the family of missing NPS employee would be made from the in the manner as provided under these Departments OM No. 1/17/2011-P&PW(E) dated 25.06.2013. However in the event of government servant being declare dead at any time or after seven years government contribution and return as their own from the accumulated pension Corpus under and PS would be transferred to the government account and remaining Corpus comprising of employees contribution and returns would be pay to the nominee or legal higher as the case maybe in accordance with CCS implementation of NPS Rules 2021 and family will keep getting benefits as CCS and rules or CCS extra ordinary pension rules as the case may be.
7. The clams by the government servant or the family for getting benefits and their CCS pension rules or CCS up rules as the case maybe would be submitted in the same manner as prescribed under the relevant rules and doppw OM No. 1/17/2011-P&PW(E) dated 25.06.2013. The process for grant of benefits under CCS pension rules or CCS up rules would be initiated in accordance with the option exercise by the government servant or default option prescribed under CCS implementation of NPS rule 2021. Necessary action for freezing of account under NPS would be started simultentionaly and the process of grant of benefits under CCS pension rules or CCS EOP rules as the case maybe should not be deferred till the process of freezing of account under NPS is completed.
8. These orders Celtic effect from 01.01.2004. Interest on delete payment of retirement gratuity as provided under CCS pension rules would be paid at the rats and manner applicable for public provident funds deposits from time to time however no interest would be paid for any amount due before issue of these instructions.
9. In all those cases where on reapering of government servant whose where about were not known and where benefits under doppw No. 1/17/2011-P&PW(E) dated 25.06.2013 have been paid the quantum of Family Pension awarded exceeds the recoverable emoluments the matter needs to be settled in consultation with department of pension and pensioners welfare and Department of Expenditure.
10. All Ministries departments are requested to bring the contents of these orders to the notice of controller of accounts/pay and account officers and attached/subordinate offices under them.
11. This issue in consultation with of Ministry of Finance Department of Expenditure vide ID note number 1(11)EV2021 dated 29.03.2022 and in consultation with Controller General of Accounts vide their ID Note No. TA-3-104/5/2019-TA-III/CS-557/235 dated 15th March 2021.
12. In so far as the persons serving in the Indian Audit and Accounts Departments are concerned these orders are issued in consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution of India.
13. Hindi version will follow.
(S Chakravarti)
Under Secretary to the Government of India.
To,
1. All Central Government Ministries department
2. Chief secretaries of all State governments/UTs.
3. Accountant Generals in the states and UT
4. Department of Expenditure Ministry of Finance North block New Delhi
5. C&AG Bahadur Shah Jafar Marg New Delhi
6. Ministry of Railways Railway Board New Delhi
7. Department of financial services Jeevan deep building Parliament Street New Delhi
8. CGA Department of Expenditure in a New Delhi
9. AD(OL) for Hindi version
10. NIC for posting on the website of this Department.
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