Download GO NO. 121 DT. 18-07-2017 Family Pension to the State Government employees covered by Contributory Pension Scheme (National Pension System) and their family members in case of premature exit due to invalidation / death– Orders
1. G.O.Ms No.653, Finance (Pension) Department, dt. 22.09.2004
2. O.M. No.38/41/05, P&PW (A), dated 05.05.2009 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
3. Cir. Memo No.30857/422/A1/Pen.I/2010, Finance (Pen.I) Department, dated 08.03.2010.
4. G.O.Ms No.62, Finance (Pen.I) Department, dated 07.03.2014.
5. The PFRDA regulations dated 11.05.2015 on Exit and Withdrawals under the NPS Regulations, 2015.
6. O.M. No.7/5/2012, P&PW(F)/B, dated 26.08.2016 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
7. No.28/03/2016-P&PW(B), dated 10.01.2017 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
8. G.O.Ms No.107, Finance HR.V-(Pension, GPF) Department, dated 29.06.2017.
9. Representation of the President, A.P. Secretariat Association.
10. Representation of the Chairman, JAC of Employees, Teachers, Workers Associations.
11. Representation of the Chairman, JAC of Employees, Teachers, Workers and Retired employees Associations (AP JAC, Amaravati).
HEMA MUNIVENKATAPPA SPECIAL SECRETARY TO GOVERNMENT
1. G.O.Ms No.653, Finance (Pension) Department, dt. 22.09.2004
2. O.M. No.38/41/05, P&PW (A), dated 05.05.2009 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
3. Cir. Memo No.30857/422/A1/Pen.I/2010, Finance (Pen.I) Department, dated 08.03.2010.
4. G.O.Ms No.62, Finance (Pen.I) Department, dated 07.03.2014.
5. The PFRDA regulations dated 11.05.2015 on Exit and Withdrawals under the NPS Regulations, 2015.
6. O.M. No.7/5/2012, P&PW(F)/B, dated 26.08.2016 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
7. No.28/03/2016-P&PW(B), dated 10.01.2017 of Ministry of Personnel Public Grievances &Pensions, Department of Pension and Pensioners Welfare.
8. G.O.Ms No.107, Finance HR.V-(Pension, GPF) Department, dated 29.06.2017.
9. Representation of the President, A.P. Secretariat Association.
10. Representation of the Chairman, JAC of Employees, Teachers, Workers Associations.
11. Representation of the Chairman, JAC of Employees, Teachers, Workers and Retired employees Associations (AP JAC, Amaravati).
In the G.O. 1st read above, the
Government introduced Contributory Pension Scheme with effect from 01.09.2004
to all State Government employees who were recruited on or after 01.09.2004.
The A.P. Revised Pension Rules, 1980 are not applicable to the employees
covered by the Contributory Pension Scheme.
2.
In the reference 2nd
read above, the Government of India has allowed certain additional
benefits on provisional basis subject to the condition that the funds
accumulated in the NPS account should be adjusted against the payments made
under CCS Pension Rules, 1972, until further orders. These benefits are:
(i) Invalid Pension and Retirement Gratuity, in
case of retirement from Government Service on invalidation not attributable to
Government duty;
(ii) Family Pension (including Enhanced Family
Pension) and Death Gratuity, in case of death in service not attributable to
Government duty;
(iii)
Disability
Pension and Retirement Gratuity, in case of discharge from Government Service
due to disease or injury attributable to Government duty; and
(iv)
Extra-ordinary
Family Pension and Death Gratuity, in case of death in service attributable to
Government duty.
3.
Accordingly, in the Circular Memo 3rd read above, instructions were issued
provisionally extending the aforementioned benefit to the employees of State
Government covered by Contributory Pension Scheme (NPS) in toto, duly applying
similar provisions of the A.P. Revised
Pension Rules 1980 with a condition to adjust the payments/relief made to the
employees against the amount of accumulated funds in CPS account, pending
finalisation of the guidelines. However, while
issuing orders vide
G.O. 4th read above
adopting exit policy
and interim guidelines, the orders issued in the reference 3rd read above, was withdrawn, as a
result of which the benefits of Retirement/Death Gratuity and Family Pension,
extended as additional relief by the Government of India to its employees are
not admissible to the similarly placed persons in the State Government Service
or their legal heirs.
4.
The Pension Fund Regulatory and Development Authority
(PFRDA) has framed "Exit and Withdrawals under NPS Regulations, 2015"
on 11.05.2015. The matter regarding
framing of rules on NPS inter alia
providing option to its employees or their family members to avail benefits either
under NPS or under Old pension scheme as per O.M. dated 05.05.2009, in case of
death or disability of a government servant, is separately under examination of
the Government of India. Meanwhile the cases of death/disability of Central
Government civilian employees covered by NPS continue to be dealt with in
accordance to O.M. dated 05.05.2009.
5.
As per the regulations 6(e) of "Exit and
Withdrawals under NPS Regulations, 2015" of the PFRDA, if the subscriber
or the family members of the deceased subscriber, upon his death, avails the
option of additional relief on death or disability provided by the Government,
the Government shall have right to adjust or seek transfer of the entire
accumulated pension wealth of the subscriber to itself. The subscriber or
family members of the subscriber availing such
benefit shall specifically and unconditionally agree and undertake to
transfer the entire accumulated pension wealth to the Government, in lieu of
enjoying or obtaining such additional reliefs like family pension or disability
pension or any other pensionary benefit from such government authority.
6.
The Government of India has issued final orders in its
O.M. No. 7 /5/2012-P&PW (F )/ B, dated 26.08.2016 allowing Gratuity in
cases of retirement and death of the employees covered by the NPS. Orders in
this regard were already issued by the State Government in the Government Order
8th read above.
7.
A large number of representation have been received
from the respective Service Associations for restoration of additional
benefit/relief on death/disability of Government servants covered by the
Contributory Pension Scheme (NPS) appointed on or after 1.9.2004 under the Old
pension scheme.
8.
After careful consideration, the Government hereby
order that the additional benefits extended by the Government of India and
adopted by the State Government in the Circular Memo 3rd read above and subsequently withdrawn in the G.O. 4th read above, be restored for the purpose of
extending invalidation pension and family pension, as the case may be, to the
State Government employees and their family members. For the sake of clarity it
shall be noted that only similar provisions of the AP Revised Pension Rules,
1980 are to be adopted for calculation of the relevant benefits mentioned above
but it shall not be construed as though the employees are governed by the said rules.
9.
Accordingly, the Government order that an option be
given to the employees covered by the Contributory Pension Scheme (NPS) or
their family members either to opt for the benefit of additional benefits
restored in para eight (8) above or to draw the accumulated pension wealth as
per the regulations of PFRDA. In case, they opt for the additional benefits in
para 8 above, the employee (subscriber of NPS) or family members of the
employee (family members of the subscriber of NPS) availing such benefit shall
specifically and unconditionally agree and undertake to transfer the entire
accumulated pension wealth to the Government, in lieu of enjoying or obtaining
such additional reliefs like family pension or disability pension or any other pensionary benefit from the State Government.
10.
These orders shall take effect from 01.09.2004 and are
applicable to those Government employees appointed on or after 01.09.2004 and
are covered by Contributory Pension Scheme.
11.
In all cases of premature exit due to
death/invalidation which were settled in terms G.O.Ms No.62, Finance (Pen.I)
Department, dated 07.03.2014, as per the existing regulations of the PFRDA, the
benefit mentioned in para 8 above shall be extended only after remitting to the
Government account the amount withdrawn from their CPS account by the employees
or their family members.
12.
The Pension Sanctioning Authorities/Pension Payment
Authorities are requested to ensure that the amounts accumulated in the CPS
account of the subscriber at the time of premature exit due to death/invalidation
are adjusted to Government account before release of the benefits mentioned in
para 8 above.
