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DOP&PW clarifications on Coverage under CCS(Pension) Rules, 1972, in place of NPS

June 26, 2020 GEDWEBZIP

clarifications on Coverage under CCS(Pension) Rules 1972

DOP&PW clarifications on Coverage under CCS(Pension) Rules, 1972, in place of NPS

No. 57/04/2019-P&PW(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare

Lok Nayak Bhawan, Khan Market,
New Delhi, the 25th June, 2020

OFFICE MEMORANDUM

Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System in terms of DoPPW OM dated 17.02.2020 – clarifications- regarding.

The undersigned is directed to say that instructions have been issued vide this Department’s O.M. of even number dated 17th February, 2020, that in all cases where the results for recruitment were declared before 01.01.2004, against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil Services (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003, against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972.

2. References have been received in this Department seeking clarifications in regard to the implementation of the aforesaid instructions in certain circumstances. The issues raised by the various Departments have been examined in this Department and the position is clarified as under:

S.No. Issue   raised Clarification
1 A Government servant
joined in a Department
/Office of the Central
Government on or after
01.01.2004 on the basis of
results declared before
01.01.2004 against
vacancies occurred prior
to 01.01.2004 and
thereafter joined another
Central Government
Department / Office with
proper permission after
tendering technical
resignation. Can the option
exercised by such a Government
servant be considered in accordance
with the O.M. dated 17.2.2020
and, if so, which Department/office
will take a decision on such option
Such a Government servant is also eligible to
exercise option under O.M. dated 17.02.2020.
A decision on the option shall be taken by the
appointing authority of the post in the Department/
Office for which such option is exercised by
Government servant. In case the Government
servant has submitted his option in his latest
Department/office, that Department/Office shall
forward the option to the concerned
Department/office, for taking an appropriate
decision. The decision taken by the concerned
Department/Office shall be communicated
to his latest Department. In
such cases, the instructions relating to
mobility as contained in this Department’s
O.Ms. No. 28/30/2004-P&PW(B) dated
26.07.2005 and 28.10.2009 shall also be
applicable and further action for counting of
past service for pension/gratuity shall be
taken in accordance with the CCS(Pension)
Rules, 1972 by the latest Department/Office.
2 Can an option exercised by a member
of the family of the deceased
Government servant be considered.
If a Government servant, who
was otherwise eligible to
exercise option in terms of the
O.M. dated 17.02.2020, has
already died, the option exercised
by the member of the family, who
is eligible to receive NPS benefits
on death of the Government servant
in accordance with PFRDA (Exits
and Withdrawals under NPS)
Regulations, may be accepted and
processed in accordance with the
instructions contained in this
Department’s OM dated 17.02.2020.
If, before his death, the
Government servant had joined another
Central Government Department/office
with proper permission after tendering
technical resignation, the option exercised
by the such nominee shall be processed
in accordance with the clarification
No. (1) above.
3 In cases covered by
clarification No. (2), how will the
amount of the corpus in the NPS
account, which was transferred to
the Government consequent on
death of the Government servant
in accordance with
the O.M. No.
38/41/06/P&PW(A) dated
05.05.2009, be adjusted.
The amount of the corpus in the
NPS account, which was transferred to the
Government consequent on death of
the Government servant, shall be adjusted
in the manner indicated in para 9 of this
Department’s O.M. dated 17.02.2020, with
the modification that the employee’s
contribution in the NPS account along
with up-to-date interest, calculated on the
rates applicable to GPF from time to time,
shall be paid to the person in whose favour
a nomination to receive NPS amount was
submitted by the Government servant
under the Regulations notified by PFRDA.
4 Will the instructions
contained in the OM dated
17.02.2020 be applicable in
the case of Government
servants who joined on or
after 01.01.2004 on
appointment on
compassionate grounds. If
so, how will the eligibility
of such Government servants
to exercise option under
OM dated 17.02.2020 be
determined
A Government servant, who joined on
or after 01.01.2004 on
appointment on compassionate
grounds, shall be eligible to exercise
option in terms of the OM dated
17.02.2020, if the competent authority
had taken the decision on the
recommendation of the Screening/
Selection Committee to appoint
the Government servant on
compassionate grounds before
01.01.2004.

3. All Ministries / Departments are requested to bring the contents of these clarifications to the notice of Controller of Accounts/Pay and Accounts Officers, Attached office and Subordinate Offices under them.

4. Hindi version will follow.

(S. Chakrabarti)
Under Secretary to the Government of India

Signed Copy

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