နိုင်ငံ့ဝန်ထမ်းနည်းဥပဒေများ – Mobile

241. In the case of a military personnel who rendered the military service after attaining the age of 18 and reemployed in the civil service, such military service may be counted as qualifying service by a competent authority. However:
(a) the military service shall be satisfactory and service entitled to enjoy for pension in accord with the provisions of the military pension rules;
(b) if the person who did not enjoy a pension and was granted only the gratuity, refunds such gratuity to the State, the previous military service shall be aggregated;
(c) if there is a certificate issued by the Audit Office of Ministry of Defence that the person has ceased to draw pension and verifying the term of service and the pension and gratuity earned by him, the military service shall be aggregated.

242. Pension may be commuted to lump-sum payment at the rates specified by the Ministry of Finance.

243. In the case of commutation of a portion of pension as lump-sum payment, the present value shall be calculated on 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.

244. The pension benefit shall be calculated on completed years and the fractions of years shall be ignored. Provided that if the term of service is satisfactory in the cases of superannuation pension, invalid pension and compensation pension, the fractions of year:
(a) the head of service personnel organization may add up to six months;
(b) the head of the Ministry and the organization may add up to 12 months.

245. The fractions of year of term of service of pension benefit shall not be allowed to calculate in the following conditions:
(a) the period needed to complete five years for gratuity;
(b) the period needed to complete 10 years for pension benefit;
(c) the period needed to complete 20 years for reduction pension;
(d) the period needed to complete 25 years for reduction pension;
(e) the period needed to complete 30 yearsfor retiring pension.

246. In respect of calculating the amount of gratuity and pension:
(a) only the gratuity shall be granted in the following manner if ten years of qualifying service for pension is not completed:
(i) in the case of not completing five years of qualifying service for gratuity –

Term of service x last pay x 100% = gratuity

(ii) in the case of completing five years of qualifying service for gratuity but not completing ten years –

term of service x last pay x 150% = gratuity

(b) in the cases of superannuation pension, invalid pension and compensation pension after completing ten years and above of qualifying service for pension and in the cases of retiring and reduction pensions, the pension and gratuity shall be calculated as follows:
(i) term of service x last pay x 1.5% = pension
(ii) term of service x last pay x 50% = gratuity
(c) the Ministry of Finance may issue the order and amend the method of calculation for pension and gratuity with the approval of the Union Government.

247. The family of a service personnel includes the following persons:
(a) the legally married wife and legitimate children if the service personnel is male;
(b) the legally married husband and legitimate children if the service personnel is female;
(c) legitimate children include legally adopted children and step children;
(d) grandchildren;
(e) natural parents, brothers and sisters.

248. In respect of the entitlement of family pension:
(a) a family pension shall be granted to a surviving family in the following priority order:
(i) the first legally married widow or widower of the deceased;
(ii) if there is no legal widow or widower legitimate unmarried child under 18 or legitimate unmarried child above 18 who is pursuing full time education at a university, college or school;
(iii) if there is no eligible person prescribed in clause (ii), unmarried daughter or widowed daughter;
(iv) if there is no eligible person prescribed in clause (iii), fatherless unmarried grandchild under 18 or over 18 who is pursuing full time education at a university, college or school;
(b) if there is no eligible person prescribed in sub-rule (a), the following persons may be allowed family pension.Provided that they may submit the sufficient evidence that they had been residing with and depended on the deceased:
(i) natural parents;
(ii) if there is no parent brother or sister of the service personnel under 18 or above 18 who is pursuing full time education at a university, college or school;
(iii) if there is no eligible person prescribed in clause (ii), unmarried elder sister or younger sister or widowed elder sister or younger sister of the service personnel;
(iv) if there is no eligible person prescribed in clause (iii), other elder or younger brothers or sisters of the service personnel.

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.