NPS: PAYMENT OF LUMPSUM
COMPENSATION TO EMPLOYEES COVERED UNDER NPS ON RETENTION IN GOVERNMENT SERVICE:
DOPP&W OM DTD. 1 JUNUARY 2021
भारत सरकार
कार्मिक लोक शिकायत और पेंशन मंत्रालय
पेंशन और पेंशनभोगी कल्याण विभाग
तीसरी मंजिल, लोक नायक भवन
खान मार्केट, नई दिल्ली -११०००३
दिनांक 1st जनवरी २०२१
कार्यालय ज्ञापन
Subject: Payment of lump sum compensation to employees covered under NPS
on retention in Government service in spite of disablement attributable to
Government service in accordance with Rule 9(3) of CCS (Extra Ordinary Pension)
Rules, 1939-regarding.
The undersigned
is directed to say that on introduction of National Pension System with effect
from 01.01.2004, among others, the CCS (Pension) Rules, 1972 and CCS (EOP)
Rules, 1939 were amended vide Notification No.38/16/2003 -P&PW (A) dated
30.12.2003 to the effect that the provisions of the aforesaid Rules would not
be applicable to the Government employees appointed on or after 01.01.2004.
However, considering the hardships being faced by the employees covered under
National Pension System and their families, orders were issued vide this
Department’s OM No 38/41/06-P&PW dated 05.05.2009 for provisionally
extending the benefits of invalid pension, disability pension and family
pension under CCS (Pension) Rules and CCS (EOP) Rules on discharge of such
employees from service on invalidation/disability or on their death during
service.
2. Representations/references have been
received in this Department for extending the benefit under Rule 9(3) of CCS
(EOP) Rules, to the employees appointed on or after 01.01.2004 and covered
under NPS. In accordance with Rule 9(3) of CCS ( EOP) Rules, applicable to
Government employees appointed before 01.01.2004, if a Government employee is
retained in service in spite of a disablement attributable to Government
service, a lump sum compensation is paid to him by arriving at the capitalized
value of the disability element of disability pension, with reference to the
commutation table in force from time to time. The broad-banding under Rule 8(3)
of those rules is, however , not applicable in such cases. In accordance with
the OM dated 05.05.2009, the benefit of disability pension is available to the
employees covered under the National Pension System only on being boarded out
on account of the disability attributable to Government service, however, the
benefit under Rule 9(3) of the CCS ( EOP) Rules, is presently not available to
an employee covered under NPS, if he is retained in service in spite of a
disablement attributable to Government service.
3. The matter has been examined in consultation
with Department of Expenditure. It has now been decided that if a Government
employee appointed on or after 01.01.2004 and covered under NPS is disabled, he
shall also be eligible to receive a lump sum compensation computed in terms of
rule 9(3) of CCS (EOP) Rules, if the disablement is attributable to Government
service and the Government employee is retained in service in spite of such
disablement. The provisions of this Department‘s OM No 38/41 /06-P&PW (A)
dated 05.05.2009 shall stand amended to that extent.
4. The provisions of this O.M. shall take
effect from 01 .01.2004.
5. The is issues with the concurrence of
Ministry of Finance, Department of Expenditure vide their ID No 1 (6)/EV/2020
dated 23.12.2020.
6. In
their application to the persons belonging to Indian Audit and Accounts
Department, these orders are issued under Article 148(5) of the Constitution
and after consultation with the Comptroller and Auditor General of India vide
their “यु.ओ.संख्या-232-स्टाफ हक़ (नियम)/ए.आर./09-२०१९ दिनांक 27.11.2020.
7. The
Administrative Divisions of all Ministries/Departments and attached/subordinate
offices are requested to bring the contents of these instructions to the notice
of all concerned for compliance. The cases for payment of lump sum compensation
to the employees covered under NPS and who have been retained in service in
spite of disability attributable to Government service on or after 01.01.2004
may be processed accordingly.
संजय शंकर
भारत सरकार के उप-सचिव
To-
i. All Ministries/Departments of the Government of India
2.
President’s Secretariat
3. Vice
President’s Secretariat
4.
Prime Minister’s Office
5.
Comptroller & Auditor General of India
6.
Cabinet Secretariat
7.
Union Public Service Commission
8. NIC
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