KartavyaDesk

Rule 19 - Re-employment Pension | KartavyaDesk

CCS Pension

Original Rule Text

(5) In the case of a Government servant who opted to continue to draw the pension or retain the gratuity sanctioned for his earlier service, and in whose case his former service was not to be counted as qualifying service, the pension or gratuity admissible for his subsequent service is subject to the limitation that service gratuity, or the capital value of the pension and retirement gratuity, if any, shall not be greater than the difference between the value of the pension and retirement gratuity, if any, that would be admissible at the time of the Government servant's final retirement if the two periods of service were combined and the value of retirement benefits already granted to him for the previous service.

What This Means

In simpler terms, the government calculates what your total pension and gratuity would be if all your service was continuous. Then, they subtract what you already received from your first retirement. The result is the maximum pension and gratuity you can receive for your second period of service. This prevents you from getting a significantly larger benefit than someone who served continuously for the same total length of time.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Applies to re-employed government servants who previously received pension/gratuity.
  • •Previous service is *not* counted as qualifying service for the new pension.
  • •Limits the pension/gratuity for the new service to prevent double benefits.
  • •The limit is calculated based on the difference between the total potential benefit and the benefit already received.
  • •Ensures fairness and prevents overpayment of retirement benefits.

Practical Example

Ms. Verma retired with a pension and gratuity of ₹10,00,000. She rejoined government service and upon her second retirement, the combined service calculation showed a potential total benefit of ₹22,00,000. Therefore, her maximum benefit for the second stint is capped at ₹12,00,000 (₹22,00,000 - ₹10,00,000). This ensures she doesn't receive more than what's fair based on her total government service.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if the pension I'm entitled to for my second service is less than the difference calculated under Rule 19(5)?▼
You will receive the actual pension and gratuity calculated for your second service, even if it's less than the difference. The rule sets a *maximum* limit, not a minimum entitlement.
Does this rule apply if my previous service was in a different government department?▼
Yes, Rule 19(5) applies regardless of which government department you served in previously, as long as you received pensionary benefits for that service and it's not being counted as qualifying service for your current pension.
How is the 'capital value of the pension' calculated for the purpose of this rule?▼
The capital value of the pension is determined based on the commutation tables in force at the time of your retirement. These tables are prescribed by the government and are used to convert a monthly pension into a lump sum amount.
If I opted for restoration of commuted pension after a certain period from my first retirement, does that affect the calculation under Rule 19(5)?▼
The restoration of commuted pension doesn't directly affect the calculation under Rule 19(5). The rule focuses on the total retirement benefits *already granted* for the previous service. The restored portion is still considered part of those benefits.
Where can I find the official commutation tables mentioned in the rule?▼
The official commutation tables are usually available on the website of the Department of Pension & Pensioners' Welfare (DoPPW) or can be obtained from your department's accounts section.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to CCS (Pension) Rules, 2021, Rule 19(5), what is the primary purpose of limiting the pension or gratuity admissible for subsequent service of a re-employed government servant who previously received pension/gratuity?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72Rule 73CCS (Pension) Rules, 2021 - Rule 73

Need help understanding this rule?

Ask Niti — your AI assistant for CCS Pension and other government rules