Rule 19 - Re-employment Pension
Original Rule Text
19. Counting of pre-retirement civil service in the case of re-employed Government servants.- (1) A Government servant who, having retired on compensation pension or invalid pension or compensation gratuity or invalid gratuity, was re-employed and appointed, on or before 31st December, 2003 to a service or post to which these rules apply and who on such reemployment or appointment, in accordance with an option exercised under the Central Civil Services (Pension) Rules, 1972, ceased to draw his pension and refunded or agreed to refund
(i) the pension already drawn,
(ii) the value received for the commutation of a part of pension, and
(iii) the amount of retirement gratuity including service gratuity, if any,
shall count the former service, as qualifying service : (2) In accordance with the Central Civil Services (Pension) Rules, 1972, for counting past service under the relevant rule,
(i) the pension drawn prior to the date of re-employment was not required to be refunded,
(ii) the element of pension which was ignored for fixation of his pay including the element of pension which was not taken into account for fixation of pay was to be refunded by the Government servant, and
(iii) the element of pension equivalent of gratuity including the element of commuted part of pension, if any, which was taken into account for fixation of his pay was to be set off against the amount of retirement gratuity and the commuted value of pension and the balance, if any, was to be refunded by him.
(3) A Government servant who opted for counting of his former service was required to refund the gratuity received in respect of his earlier service, in monthly instalments not exceeding thirty-six in number, the first instalment beginning from the month following the month in which he exercised the option. In such case, the right to count previous service as qualifying service shall not revive unless the whole amount has been refunded.
(4) In the case of a Government servant, who, having elected to refund the gratuity, dies before the entire amount is refunded, the amount of unrefunded gratuity shall be adjusted against the death gratuity which may become payable to his family.
(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.
Explanation.- The capital value of pension shall be calculated in accordance with the table prescribed by the President under the Central Civil Services (Commutation of Pension) Rules, 1981 applicable at the time of the second or final retirement.
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
- 1Applies to re-employed government servants who previously received pension/gratuity.
- 2Previous service is *not* counted as qualifying service for the new pension.
- 3Limits the pension/gratuity for the new service to prevent double benefits.
- 4The limit is calculated based on the difference between the total potential benefit and the benefit already received.
- 5Ensures 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)?▼
Does this rule apply if my previous service was in a different government department?▼
How is the 'capital value of the pension' calculated for the purpose of this rule?▼
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)?▼
Where can I find the official commutation tables mentioned in the rule?▼
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?