Government clarifies: Once sanctioned, pension cannot be reduced under CCS (Pension) Rules; check details

The Central government has clarified that once a pension or family pension has been authorised or revised under the Central Civil Services (Pension) Rules, 2021, it cannot be reduced to the disadvantage of the pensioner, except in cases where a clerical mistake is discovered later.

In a recent Office Memorandum (OM), the Department of Pension and Pensioners’ Welfare (DoPPW) stated that any downward revision in pension or family pension can only be made if the error is purely clerical in nature. Even in such cases, if the error is identified more than two years after the pension was sanctioned or revised, the correction cannot be made without prior approval from the DoPPW.

The government has clarified that individual ministries and departments have the authority to determine whether a pension revision is required after identifying a clerical mistake. The clarification aims to ensure uniformity, transparency, and procedural fairness in pension revisions across departments, preventing arbitrary reductions or inconsistencies in pension processing.

Overpayment and recovery guidelines

The DoPPW also addressed issues relating to overpayment of pension or family pension. In cases where the revision results in an excess payment, the Department of Expenditure will decide whether the overpaid amount can be waived.

However, if an overpayment occurs due to misrepresentation or false information provided by the pensioner or family pensioner, the concerned department is empowered to initiate recovery proceedings or take other necessary administrative action.

If the government decides against waiving the excess payment, the pensioner or family pensioner must refund the amount within two months. Failure to do so will lead to recovery through deductions from future pension instalments — either in one go or in phased deductions until the excess amount is fully recovered.

Pension calculation

The DoPPW further clarified that an employee’s pension will be calculated in accordance with the rules applicable on their final working day, regardless of whether that day is the result of retirement, resignation, discharge, or death. This ensures consistency and fairness in how pensions are computed across all departments.

The clarification also confirms that the final date of duty will determine eligibility for pension, family pension, and other related benefits, removing ambiguities regarding the applicable rules for employees whose service ends under different circumstances.

Leave, suspension, and service breaks

The memorandum also addressed concerns about employees who are on sanctioned leave, under suspension, or absent from duty at the time of retirement or death. Such periods will still count as part of their qualifying service, meaning their last working day will fall within that duration, ensuring that there is no break in service history.

Family pension for parents

In another update, the government revised provisions for family pensions to parents of deceased government employees who leave behind no spouse or children. Eligible parents will continue to receive the enhanced family pension for life. However, both parents will now be required to submit separate annual life certificates to maintain accurate and up-to-date pension records.

The latest clarification reinforces the government’s focus on protecting pensioners’ rights, ensuring that no authorised pension is reduced unfairly, and streamlining administrative procedures to maintain consistency across departments.