| Commutation of Pension - Master Circular No.61 |
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| Wednesday, 08 April 2009 17:19 | |
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In continuation of Master Circular No. 4, Master Circular No. 5 which brings out provisions on the above subject is enclosed with this letter. 2. The circular is in two parts namely Part I and Part II. Part I deals with the extant provisions on commutation of pension and Part II gives brief details of the orders issued from time to time on the above subject. 3. The instructions referred to in the circular are both old and those current on the subject. For dealing with the old cases, instructions in force at the relevant time be referred to. 4. If any order current on the subject has been omitted the same should nevertheless be treated as valid and operative. COMMUTATION OF PENSION A railway servant shall be entitled to commute for a lumpsum payment a fraction not exceeding one third of his pension and shall indicate fraction of pension which he desires to commute and may either indicate maximum limit of one third or such lower limit as he may desire to commute. (Letter No. E 48 CPC/208 dated 08.07.1950) ##{The upper limit for commutation of one-third of pension has been raised to 40% of the pension w.e.f. 1.1.1996 in the case of Railway servants who retired/retiring from service on or after 1.1.1996.} [Letter No. F(E)III/97/PN 1/22 dated 05.11.1997 (RBE 142/1997)] 2. If a fraction of pension to be commuted results in fraction of rupee, such fraction of a rupee shall be ignored for the purpose of commutation. (Letter No. F(E)III 82 PN 1/3 dated 04.02.1986) 3. Personal pension sanctioned in the case of those retired on or after 05.05.1985 but before 01.01.1986 will not be taken into account for the purpose of determining commuted value of pension and relief on pension. [Letter No. PC-IV/87/Imp/PN/1 dated 15.04.1987 (RBE 90/1987)] 4. Commutation of pension to become absolute 4.1 The commutation of pension will be admissible in respect of the following types of pensions:-
Provided that
4.2 In the case of applicant referred under item (v) of para 4.1 above, reduction in the amount of pension shall be made from respective dates of payment as laid down under provisos (a) & (b) of that para. 4.3 The date on which the commuted value of pension was made to the applicant or the commuted value was credited to the applicants account shall be entered in both halves of pension payment order by the Disbursing authority under intimation to the concerned Accounts Officer. (Letters No. F(E)III 76 PN 1/24 dated 04.01.1979 & 08.08.1983 5. Nomination 5.1 An applicant shall make a nomination alongwith his application for commutation conferring on one or more persons the right to receive the commuted value of pension in case the applicant dies without receiving the commuted value on or after that date on which the commutation becomes absolute. 5.2 If there is no such nomination or if the nomination made does not subsist, the commuted value shall be paid to the family in the manner as the payment of gratuity is authorised to the members of the family of the deceased railway servant/pensioners is indicated in paras 702 (1) and 702 (ii) of Manual of Railway Pension Rules. 5.3 If in any case the commuted value cannot be paid in the manner indicated at (i) and (ii) above, the same shall be paid to his heirs. (Letter No. F(E)III 85 PN 1/11 dated 12.09.1988) 6. Calculation of commuted value of pension The lumpsum payable to an applicant shall be calculated in accordance with the Table of values prescribed from time to time and applicable to the applicant on the date on which the commutation becomes absolute. 7. The amount of commuted value of pension as finally calculated should be rounded off to the next higher rupees. (Letter No. F(E)III 86 PN 1/3 dated 04.02.1986) 8. Commutation of provisional pension. 8.1 A railway servant to whom pending assessment of final pension, provisional pension as indicated in para 8 of Ministry of Finance O.M. dated 28.02.1976 forwarded to the Railways under Railway Board's letter No. F(E)III 76 PN 1/5 dated 08.04.1976 is granted, shall be eligible to commute a fraction of such provisional pension subject to the limit specified under the Rules. For purpose of commutation of provisional pension, the provisions relating to commutation with medical examination or without medical examination, as the case may be, shall apply. 8.2 Where an applicant desires to commute a fraction of his provisional pension without medical examination which works out to be not exceeding Rs. 25/- per mensem (revised to Rs. 100/- per mensem as per rule 9 of CCS (Commutation of Pension) Rules 1981) and in whose case it is expected that the amount which he would be entitled to commute when the final amount of pension has been authorised would exceed Rs. 100/- per mensem, his application shall be deemed to be for commutation of amount exceeding one hundred rupee per month. 8.3 Where the applicant does not indicate the possibility of his entitlement to commutation of pension exceeding one hundred rupee per mensem on the determination of final pension due to him, he shall be treated as having applied for commutation of pension not exceeding one hundred rupee per mensem. 8.4 If on the determination of final pension, the applicant becomes entitled to commute his pension upto one hundred rupee per mensem, he shall not be required to undergo medical examination for payment to him of the difference between the commuted value of pension originally commuted and the pension commuted subsequently. 8.5 If on the determination of final pension, the applicant becomes entitled to commute a sum exceeding one hundred rupee, he shall for commutation of pension exceeding rupees one hundred be required to apply afresh. (F(P)5 PN 5/1 dated 14.04.1960, F(P) PN 5/1 dated 07.05.1960) 9. Restoration of commuted portion of pension after 15 years from the date of retirement. 9.1 Railway pensioners who have commuted a portion of their pension and on 01.04.1985 or thereafter have completed 15 years from their respective dates of retirement will have their commuted portion of pension restored. These orders are not applicable to railway employees, who got themselves absorbed in the Central Public Sector Undertakings/ Autonomous bodies and received or opted to receive commuted value for one third of pension as well as terminal benefits equal to commuted value of the balance amount of pension after commuting one third of pension. For details, the under mentioned orders may be referred. [F(E)III 87 PN 1/7 dated 26.05.1987 (RBE 329/1987), 10. Commutation of pension without medical examination. 10.1 An application who is authorised one of the following types of pensions shall, subject to the prescribed limit under the Rules is eligible to commute a fraction of his pension without medical examination.
10.2 An applicant who is in receipt of any pension referred to above and desires to commute a fraction of that pension any time after the day following the day of his retirement from his service but before expiry of one year from the date of retirement shall apply to the Head of Office but not later than one year from the date of his retirement. (Letter No. F(E)III 76 PN 1/24 dated 04.01.1979 and 25.08.1979) 11. A railway servant who is due to retire on superannuation and desires payment of the commuted value of pension to be 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.
11.1 The commutation of pension in such cases shall become absolute on the day following the day of retirement. Payment of pension is effected through PPO by the Pension Disbursing Authority or by the Accounts office where the pension is paid at his counter. 11.2 If for some reason it is not possible to arrange payment within the first month after the date of retirement of the railway servant, the Accounts Officer shall authorise payment of difference of monthly pension for the period between the day following the date of retirement and upto the date preceding the date on which the commuted value of pension is deemed to have been paid. (Letter No. F(E)III 76 PN 1/24 dated 08.08.1983 12. Commutation of pension with medical examination. 12.1 An applicant who retires on one of the following pension is eligible to commute a fraction of his pension subject to the limit specified under the rules after he has been medically examined by the appropriate medical authority and declared it.
(Letter No. F(E)III 76 PN 1/24 dated 04.01.1979) 12.2 An applicant shall apply to the Head of Office for commutation of a fraction of his pension in Part I of form No. XL (A)-RII and the Head of Office on receipt of his application shall.
12.3 The Chief Medical Officer on receipt of documents shall arrange as far as possible for the medical examination of the applicant by the medical authority at the nearest available station indicated by the applicant and shall transmit the documents to the medical authority with the direction to examine the applicant. The applicant shall be advised by the said medical authority as to where and when he should appear for medical examination. In fixing the date, it shall be ensured that the medical examination is held as early as possible before the date of applicant's next birthday. 12.4 The medical authority for examination of the applicant shall be
Provided that if a railway servant is posted at Delhi/New Delhi in the Railway Board and is governed by the Civil Medical Rules, medical authority will be such as the Chairman of the Central Standing Medical Board, Dr. Ram Manohar Lohia Hospital/Safdarjung Hospital, New Delhi, may prescribe. 12.5 The applicant shall be required to pay for the medical examination such fee as may be specified by the Central Government. 12.6 Failure to appear before the Medical Authority. If the applicant fails to appear for medical examination before the medical authority on the date and time communicated to him or withdraws his application in time before medical examination, he shall have to apply for commutation again. This application shall be treated fresh application. 12.7 The medical authority after obtaining from the applicant a statement in Part I of the Form No. XL(C)-RII (which must be signed in his presence) shall subject him to strict examination, enter the results in Part II of that form and record its opinion as to the accuracy with which the pensioner has answered the questions prescribed in part I regarding his medical history and habits. Lastly it shall attest the unattested copy of the photograph of the pensioner, complete the certificate contained in Part III, of Form No. XL(C)-RII and in the case of non gazetted Railway servants other than those who are literate enough to sign their names, obtain in its presence the left hand thumb and finger impression. 12.8 In the case of an applicant who has been or is about to be granted an invalid pension, the grounds of invalidation or the statement of the medical case shall be duly considered by the certifying medical authority before the certificate (Part III of Form No. XL(C)-RII) is signed. The ultimate medical authority prescribed shall, without delay, forward the complete forms No. XL(A)-RII and XL(C)-RII in original and copy of the photograph attested by it to the Accounts Officer who gave the certificate contained in Part II of Form No. XL(A)-RII a certified copy of the completed form No. XL(C)-RII to the sanctioning authority and a certified copy of Part III of form No. XL(C)-RII to the applicant. 12.9 The Railway Accounts Officer on receipt of the completed Forms No. XL(A) -RII and XL(C)-RII and copy of the photograph attested by the medical authority shall arrange himself forthwith for the payment of the appropriate commuted value in lumpsum and for the corresponding reduction of ordinary pension. 12.10 A pensioner who has once been refused commutation on medical grounds or after he has once declined to accept commutation on the basis of addition of years to his actual page, may apply for a second medical examination, at his own expense, if at least a year has elapsed since his first medical examination. Such a re-examination shall invariably be made by a Medical Board, who should be provided not only the documents referred to in para 10 (a) above but also a report of the medical authority which previously examined the applicant. (Chapter XII of Manual of Railway Pension Rules) 13. Modification in the value specified in the Table 13.1 In case the value specified in the table is modified at any time before the commutation becomes absolute, the payment shall be made in accordance with the values modified. 13.2 Where the commuted value calculated with reference to the table after it is modified is less favourable than the value determined with reference to the table before it was so modified, the Accounts Officer shall
(Para 1214 of Manual of Railway Pension Rules) 14. Accounts Officer on receipt of documents from the medical authority shall without delay issue an order to the disbursing authority concerned and furnish to him the following particulars and documents namely -
(Para 1225 of Manual of Railway Pension Rules) 15. The commutation table as in force at present is the one prescribed in Board's letter No. F(E)III 71 PN1/10 dated 21.06.1971. PART -II List of orders issued from time to time on Commutation of Pension for Railway servants.
29. Railway pensioners who had commuted a portion of their pension and on 01.04,1985 or thereafter have completed or will complete 15 years from their respective dates of retirement or commutation whichever is later will have their commuted portion of pension restored. [Letters No. F(E)III 87 PN 1/7 dated 26.03.1987 (RBE 329/1987), 30. Additional pension becoming due as a result of implementation of IV Pay Commission's recommendations as per Board's letter No. PC-IV/87/Imp/PN/1 dated 15.04.1987 (RBE 90/1987) shall also qualify for commutation. ##{ 31. The facility of receiving capitalized value equivalent to 100 percent commutation of pension on absorption in Public Sector Undertakings/Autonomous Bodies, etc. has been withdrawn w.e.f. 10.7.1995. [Letter No. F(E)III/95/PN 1/9, dated 10.07.1995 (RBE 65/1995)]
32. The Railway servants who had opted for receiving capitalized value equivalent to 100 percent commutation of pension on absorption in Public Sector Undertakings/ Autonomous Bodies, etc. are eligible for getting 1/3rd commuted portion of pension restored on completion of 15 years from the date of commutation or 1.4.1985, whichever is later. For the purpose, the provisions contained in Liberalised Pension Formula of 1979 and the recommendations of IVth and Vth Central Pay Commissions in respect of pensioners/ family pensioners will be taken into account. [Letter No. F(E)III/96/PN 1/9 dated 25.10.1996 (RBE 103/1996), 9.1.1997, 33. The Railway servant's retired/retiring from service on or after 1.1.1996 are entitled to commute for lumpsum payment upto 40% of their pension. The Railway servants retired from service prior to revision of provisions regulating pension/commutation of pension as contained in Board's letter No. F(E)III/97/PN 1/22 dated 05.11.1997 (RBE 142/1997) are required to apply afresh for commutation of pension upto 40%. In cases where commutation upto 1/3rd of pension has already been availed of within one year from the date of retirement, the pensioners need not be Subjected to medical examination for availing of commutation upto 40% of the pension. In cases where commutation upto 1/3rd of pension has not at all been availed of within one year from the date of retirement, they may be allowed commutation upto 40% of pension only after medical examination. However, if the pensioners have already been medically examined for availing of commutation upto 1/3rd of pension, they need not undergo medical examination again for commutation upto 40% of pension. The commutation factor for fresh commutation or additional commutation shall be decided w.r.t. age next birthday based on the date of receipt of application for commutation or the date on which the medical examination report is signed, as the case may be. The reduction in pension on account of fresh commutation/additional commutation shall commence from the date of disbursement of commutation value and the commuted portion of pension shall be restored on expiry of 15 years from the date of disbursement. The family cannot be given the benefit of 40% commutation if a pensioner dies before exercising his option. [Letter No. F(E)III/97/PN 1/22 dated 05.11.1997 (RBE 142/1997) 34. The Railway servants who retired on or after 1.1.1996 and commuted a fraction of pension may be paid the difference in the commutation value arising out of upward revision of pension upto 50% of the minimum pay in the revised scales of pay introduced w.e.f. 1.1.1996. [Letter No. F(E)III/98/PN 1/29, dated 15.01.1999 (RBE 8/1999)] 35. On finalisation of departmental/judicial proceedings if the Railway servant is exonerated, the commutation of pension shall be deemed to have become absolute on the date following the date of retirement if the application for commutation has already been received. If the application is received within one year from the date of final orders of exoneration, the commutation shall become absolute on the date of receipt of application. In the cases where the Railway servant is not exonerated the commutation shall be deemed to have become absolute on the date of final orders if the application has been received prior to that date and if the application is received on a date not later than one year from the date of final orders, the commutation shall become due on the date of receipt of final orders. In both the above cases, if the application is received after the lapse of one year from the date of final orders, commutation shall become absolute on the date on which the medical authority signs the medical examination report. [Letter No. F(E)III/99/PN 1/28, dated 20.12.1999 (RBE 314/1999)] } ## Inserted by Railway Board's letter No. F(E)III/2000/Master Circulars/Revision dated 10.3.2000 (RBE 41/2000). |
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i) Payment of 10% of Pension or Min Rs. 500 as Medical Allowance to the pensioners



