Commutation of Pension without Medical Examination
|
Action to be taken by the Head of Office on application for commutation of pension |
|
|
Authorisation of commuted value of a fraction of provisional pension |
12. Scope : The provisions of this Chapter shall apply to an applicant who is eligible to commute a fraction of his pension without medical examination.
13. Eligibility: An applicant who is authorised
(i) a superannuation pension under Rule 51 of the Railway Pension Rules; or
(ii) a retiring person under rule 52 of the Railway Pension Rules; or
(iii) a pension on absorption in or under a corporation or company or body in terms of rule 53 of the Railway Pension Rules and who elects to receive monthly pension and death-cum-retirement gratuity; or
(iv) a compensation pension on abolition of permanent post under rule 63 of the Railway Pension Rules; or
(v) a pension in whole or in part on the finalisation of the departmental or judicial proceedings referred to in rule 9 of the Railway Pension Rules and issue of final orders thereon.
(vi) shall, subject to the limit in rule 6, be eligible to commute a fraction of his pension without medical examination:
Provided that he applies for commutation of pension in Form 1 or Form 2 in accordance with the provisions of rule 14.
NOTE:- Pension referred to in clause (i), clause (ii) and clause (iv) shall include the provisional pension sanctioned under rule 91 of the Railway Pension Rules.
14. Application for commutation of pension (1) An applicant, who is in receipt of any pension referred to in rule 13 and desires to commute a fraction of the pension any time after the date following the date of his retirement from service but before the expiry of one year from the date of retirement, shall
(a) apply of the Head of Office in Form 1 after the date of his retirement;
(b) ensure that the application in Form 1, duly completed, is delivered to the Head of Office as early as possible but not later than one year of the date of his retirement:
Provided that in the case of an applicant
(a) referred to in clause (iii) of rule 13 where order retiring him from Railway service had been issued from a retrospective date, the period of one year referred to in this sub-rule shall reckon from the date of issue of such retirement order;
(b) referred to in clause (v) of Rule 13, the period of one year referred to in this sub-rule shall reckon from the date of the issue of the orders consequent on the finalisation of the departmental or judicial proceedings.
(2) An applicant who applies for commutation of pension within one year of the date of his retirement but his application Form 1 is received by the Head of Office after one year of the date of his retirement shall not be eligible to get his pension commuted, without medical examination. Such an applicant, if he desires to commute a fraction of his pension, shall apply afresh in Form 2 in accordance with the procedure laid down in Chapter IV.
(3) A Railway servant who is due to retire on superannuation and desires payment of the commuted value of pension being authorised at the time of issue of the pension payment order, shall be eligible to apply for commutation of a fraction of pension alongwith pension papers prior to the date of retirement provided that-
(a) the Railway servant retires on superannuation pension only;
(b) the application is submitted to the Head of Office in Form 2, so as to reach the Head of Office not later than three months before the date of superannuation;
(c) no such application shall be entertained if the period is less than three months from the date of superannuation of the railway servant; and
(d) the Railway shall have no liability for the payment of the commuted value of pension if the Railway servant dies before the date of super annuation or forfeits claim to pension before such retirement.
15. Action to be taken by the Head of Office on application for commutation of pension (1) The Head of Office on receipt of application in Form 1 under sub-rule (1) or in Form 2 of sub-rule (3) of rule 14, shall-
(a) initial the Form indication the date of its receipt;
(b) acknowledge immediately the receipt of Form 1 or Form 2 in Part II of that Form and despatch the same to the applicant;
(c) take immediate action to complete Part III of Form 1 or Form and forward the same to the Accounts Officer after retaining one copy for his record.
(2) In case, the application in Form 1 is received by the Head of Office under sub-rule (1) of rule 14 after one year of the date of retirement of the applicant, the Head of Office shall inform the applicant that-
(a) he shall not be eligible to commute a fraction of pension without medical examination;
(b) if he desires to get a fraction of the pension commuted, he should apply afresh in Form 2 so that arrangements for medical examination are made in accordance with the procedure laid down in Chapter IV.
16. Authorisation of commuted value by the Accounts Officer (1) The Accounts Officer on receipt of Form 1 from the Head of Office shall verify that-
(a) information furnished by the Head of Office in Part III of Form 1 is correct;
(b) the applicant is eligible to commute a fraction of his pension without medical examination;
(c) the commuted value of pension has been determined correctly by the Head of Office.
(2) The Accounts Officer after necessary verification of the information furnished in Form 1 shall-
(a) issue authority for the payment of commuted value of pension to the disbursement authority concerned;
(b) draw the attention of the disbursing authority concerned to the proviso to sub-rule (1) of rule 7 so that the disbursing authority may make entry in the Pension Payment Order regarding the date on which the amount of pension is to be reduced on account of commuted part of pension;
(c) endorse to the applicant a copy of the authority to in clause (a) with the instruction that he should collect the commuted value of pension from the disbursing authority.
(3) (a) The Accounts Officer on receipt of Form 2 from the Head of Office shall ascertain and verify if the amount of superannuation pension of the applicant has been calculated and if not, take steps to finalise the amount of pension so that the Pension Payment Order is issued before one month of the date of retirement of the applicant.
(b) (i) The Accounts Officer after necessary verification of the information furnished in Form 2 shall -
(A) authorise the Head of Office to draw the amount of commuted valued of pension on submission of a bill to him and hand over the cheque or draft superscribed ‘Not Payable before the . (date following the date of retirement)” to the pensioner;
(B) indicate in both the halves of the Pension Payment Order (1) the gross pension; (2) the amount of pension commuted, and (3) the fact that the commuted value of pension has been authorised separately through the Drawing and Disbursing Officer;
(C) correspondingly reduce the monthly pension from its inception;
(D) make a note of payment of the commuted value of pension having been made to the retiring railway servant in his service book; and
(E) where the payment of commuted value of pension has not been made within the first month after the date of retirement and the delay is not attributable to the pensioner, the Accounts Officer shall issue an authority to the Head of Officer for the payment of the difference of monthly pension for the period between the day following the date of retirement and the date preceding the date on which the commuted value of pension is deemed to have been paid in terms of rule 49 of the Central Government Accounts (Receipts and Payment) Rules, 1983.
(ii) The Accounts Officer shall intimate to the applicant the date on which the Pension Payment Order has been despatched to the disbursing authority.
(iii) The Accounts Officer shall also request the Head of Office to intimate the date on which the cheque or draft of the commuted value of the pension has been handed over to the applicant.
17. Authorisation of the commuted value of a fraction of provisional pension (1) If pending determination of final pension, the Head of Office has sanctioned provisional pension to a railway servant under rule 91 of the Railway Pension Rules and such a railway servant has applied for commutation of provisions of rule 10, the Head of Office on receipt of Form 1 shall -
(a) take action as provided in sub-rule (1) of rule 15 and forward Form 1 to the Accounts Officer along with the duly completed pension papers referred to in rule 81 of the Railway Pension Rules, in case pension papers have not already been forwarded to the Accounts Officer;
(b) request the Accounts Officer to verify the correctness of the amount of provisional pension as determined in Part III of Form 1.
(2) The Accounts Officer on receipt of Form 1 under sub-rule (1), shall verify the correctness of the amount of provisional pension and make further verifications as provided in sub-rule (1) of Rule 16.
(3) The Accounts Officer after necessary verification of the amount of the provisional and the amount of the commuted value shall-
(a) issue authority for the payment of commuted value of pension to the Head of Office with the remarks that the commuted value may be drawn and disbursed to the applicant under intimation to him;
(b) draw the attention of the Head of Office to the proviso to sub-rule (1) of rule 7 so that the Head of Office.
(4) The Head of Office on receipt of authority from the Accounts Officer under sub-rule (3) shall draw the amount of commuted values of pension and disburse the same to the applicant under intimation to the Accounts Officer.
(5) The Accounts Officer shall on final assessment of pension
(a) issue authority to the disbursing authority for the payment of the difference between the commuted value so determined and the commuted value already paid by the Head of Office;
(b) make entry in the Pension Payment Order to be issued on the cessation of the payment of the provisional pension by the Head of Office, the fact of the payment of the commuted value of provisional pension by the Head of Office and also indicate the date from which the payment of the residuary pension shall commence.