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Rule 66 - Pension Overpayment | KartavyaDesk

CCS Pension

Original Rule Text

(4) If, consequent on revision of pension or family pension under sub-rule (2), an excess payment of pension or family pension is found to have been made to the pensioner or family pensioner and if such excess payment is not on account of any misrepresentation of facts by the pensioner or family pensioner, the administrative Ministry or Department shall examine in consultation with the Ministry of Finance (Department of Expenditure) whether or not recovery of such excess payment can be waived off and issue appropriate orders in accordance with the relevant rules and instructions in this regard.

What This Means

Rule 66(4) of the CCS (Pension) Rules, 2021 deals with situations where a pensioner or family pensioner has been overpaid due to a revision in their pension or family pension amount. This rule is important because it outlines the process for handling these overpayments, especially when the overpayment wasn't the pensioner's fault (i.e., they didn't lie or misrepresent any facts). The rule essentially says that if an overpayment occurs due to a pension revision, the relevant administrative ministry or department must consult with the Ministry of Finance (Department of Expenditure) to determine if the recovery of the excess amount can be waived.

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

Key Points

  • Applies when pension/family pension is revised and results in overpayment.
  • Only applicable if the overpayment is NOT due to misrepresentation of facts by the pensioner.
  • The administrative Ministry/Department must consult with the Ministry of Finance (Department of Expenditure).
  • The consultation aims to determine if the recovery of the excess payment can be waived.
  • Orders regarding recovery or waiver are issued based on relevant rules and instructions.

Practical Example

Mr. Sharma, a retired government employee, was receiving a pension of ₹25,000 per month. Due to a government-wide revision of pension rules, his pension was recalculated. However, a clerical error led to him being overpaid by ₹3,000 per month for six months, totaling ₹18,000. The error was discovered during an audit. Since Mr. Sharma did not provide any incorrect information and the overpayment was solely due to the department's mistake, the administrative department, after identifying the error, consulted with the Department of Expenditure, Ministry of Finance. After review, it was decided that recovering the ₹18,000 would cause undue hardship to Mr. Sharma, and the recovery was waived following the established guidelines.

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 overpayment was due to the pensioner providing false information?
Rule 66(4) specifically addresses situations where the overpayment is NOT due to misrepresentation by the pensioner. If false information was provided, different rules and procedures would apply, likely involving recovery of the full amount and potentially disciplinary action.
Who decides whether to waive the recovery of the excess payment?
The administrative Ministry/Department makes the final decision, but only after consulting with the Ministry of Finance (Department of Expenditure). This ensures a consistent and fair approach across different departments.
What factors are considered when deciding whether to waive the recovery?
The Ministry of Finance (Department of Expenditure) and the administrative department will consider factors such as the amount of the overpayment, the pensioner's financial situation, the cause of the overpayment, and any relevant government instructions or guidelines on the matter. The aim is to balance the need to recover public funds with the potential hardship to the pensioner.
Does this rule apply to all types of pensions?
Yes, Rule 66(4) applies to both pensions and family pensions under the CCS (Pension) Rules, 2021.
Where can I find the 'relevant rules and instructions' mentioned in the rule?
These instructions are typically issued by the Department of Pension & Pensioners' Welfare (DoPPW) and the Ministry of Finance (Department of Expenditure) through Office Memorandums (OMs) and other circulars. Consult these sources for the latest guidelines.

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 Rule 66(4) of the CCS (Pension) Rules, 2021, if an excess payment of pension occurs due to a revision and is not due to misrepresentation by the pensioner, which entity must the administrative Ministry/Department consult with?

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