21. Retirement

249. The family pension shall no longer be entitled to enjoy under any of the following conditions:
(a) the widow or widower of the service personnel remarries;
(b) an unmarried female or male family member of the service personnel marries;
(c) not being a family member of the service personnel.

250. In respect of the entitlement of family pension:

• (a) legally married wife or husband and other family members of the service personnel who dies in service before retirement:
  • (i) is entitled to the gratuity equal to the last payment for each completing year of service if the service personnel completed one year service but less than five years qualifying service for gratuity at the time of death;
  • (ii) is entitled to the gratuity equal to twelve times of the last payment for each completing year of service if the service personnel completed five years but less than ten years qualifying service for gratuity at the time of death;
  • (iii) a wife or a husband of the service personnel who completed ten years or more of qualifying service is entitled to 3/4 of the superannuation pension as family pension which would be earned if it were granted on the following date of his death. Additionally, the gratuity equal to 1/2 of the last payment for each completing year of qualifying service is also entitled to enjoy. Such gratuity shall not be less than twelve times of the last payment. Family pension shall be entitled to enjoy from the following date of the death of service personnel up to the death of the wife or the husband;
  • (iv) if the eligible person for family pension is a family member other than a wife or a husband, 1/2 of the superannuation pension which would be earned if it were granted on the following day of his death is entitled to enjoy as family pension from the date of his death up to 15 years. Gratuity is entitled to enjoy under clause (iii).
• (b) the wife or husband and other family members of the service personnel who dies after retirement:
  • (i) if the total amount of the gratuity at the time of retirement and the monthly pension already drawn up to the date of the service personnel’s death is less than twelve times the last payment drawn as a service personnel, such lessened amount is also entitled to enjoy ;
  • (ii) if the eligible person is the wife or the husband of the retired service personnel, 3/4 of the pension granted at the time of retirement of the service personnel is entitled to enjoy as family pension from the following date of his death up to the death of the wife or the husband;
  • (iii) if the eligible person for family pension is a family member other than the wife or the husband of the service personnel, 1/2 of pension granted at the time of retirement of the service personnel is entitled to enjoy from the following date of his death up to 15 years;
  • (iv) in the case of commutation of a portion of pension to lump-sum pension before the death of the retired service personnel, the person who is entitled to enjoy the family pension:
    • (aa) the wife or the husband of the deceased retired is entitled to enjoy 3/4 of the balance of pension as family pension up to his death;
    • (bb) if the eligible person for family pension is other family member other than a wife or the husband of the deceased retired, he is entitled to the family pension which is a balance amount after subtracting the commuted portion from half of the pension before commutation to lump-sum. The eligible period is up to 15 years from the following date of the retirement of the retired service personnel.

251. Any service of the service personnel who resigns or is dismissed or removed from the post is not entitled to enjoy pension or gratuity for the service.

252. In respect of the retired service personnel:
(a) such service personnel is ordinarily entitled to enjoy in accordance with rule 246 when he retires from the service personnel. If the term of service of retired service personnel is found to be unsatisfactory with sufficient evidence, the pension sanctioning authority may reduce the pension entitled to that service personnel to appropriate amount before granting pension to him;
(b) the already granted pension entitled to the service personnel shall not be reduced on account of the reason that his term of service is unsatisfactory;
(c) a retired service personnel shall not be taken action against or punished according to the prescribed rules for service personnel. However, if the retired service personnel commits one of the offences prescribed in sub-rule (u) and sub-rule (v) of rule 163, the pension may be reduced or withheld or withdrawn in full or in part;
(d) the already granted pension to a retired service personnel shall not be withheld or reduced on account of the offence committed before retirement;
(e) for the debts of the retired service personnel, pension shall not be confiscated or attached the warrant under a decree issued by a court;
(f) in granting invalid pension, any service personnel shall not be employed beyond the date when the authorized medical board signs on the medical certificate except an exceptional case. However, the pension sanctioning authority may allow his employment beyond that date as an exceptional case if the authority wishes to do so and the earned leave may also be granted. The total period of such employment and earned leave shall not exceed six months. Invalid pension shall be granted only at the end of that period;
(g) in abolishing a permanent post and the service personnel is not reappointed to another post, that service personnel shall be informed three months prior to the discharge from the post;
(h) the pension benefit for a service personnel shall be carried out in accordance with the existing rules, orders and directives at the time of his retirement;
(i) if it is found that a service personnel is overpaid the amount of pension more than entitled to him under the law, the pensioner shall reimburse;
(j) if a pension payable remains undrawn for more than one year, the pension shall not be disbursed;
(k) if the pensioner requests the pension payment afterwards, his payment shall be disbursed from the date of cessation. The Department of Pension shall enquire as necessary and issue a particular order to the bank or the sub-treasury to disburse the money;
(l) if the pensioner dies, arrears of pension may be disbursed to his legal heirs. The Department of Pension shall enquire as necessary and issue a particular order to the bank or the sub-treasury to disburse the money;
(m) in aggregating the gaps of service, if a part of previous pension is commuted to lump sum pension, the amount of money calculated with the present value of commuted portion shall be paid back;
(n) in calculating the present value of commuted portion of pension to lump-sum pension, it shall be calculated on the prescribed period contained in pension commutation Table (6),based on the age of the service personnel attained on the date of retirement from the reemployed post;
(o) if the pensioner is sentenced to imprisonment, the pension shall be suspended. After being freed from the sentence, his pension shall be regranted. But the pension for the period during imprisonment shall not be regranted.