Counting of Past Service for New Pension Scheme, Old Pension Scheme, Leave, etc.
Past service will now be counted to find a solution for admissibility in new pension scheme, old pension scheme, leave accumulation and pay protection to officers of the All India Service. Resulting from the implementation of New Pension Scheme from the 1st of January, 2004, the Department of Personnel and Training has issued an office memorandum to fix counting of Past Service and admissibility under NPS and OPS.
The subject of the office memorandum drafted by Rajiv Jain, under Secretary to the Government of India, dated 04.11.2015 requested clarification regarding counting of past service to find a solution for admissibility in New Pension Scheme, Old Pension Scheme, leave accumulation and pay protection to officers of the All India Service.
After the New Pension Scheme was introduced on the 1st of January, 2004, several existing rules underwent amendments including second rider to Rule 1 pertaining to the death cum retirement benefits for officers of the All India Service. The change in rules meant that they became inapplicable to all the officers appointed to All India Service from the 1st of January, 2004. The pension of all the officers of All India Services appointed on or after the 1st of January, 2004 is regulated by the New Pension Scheme, notified by the Department of Economic Affairs.
The Department of Economic Affairs has received references from member of services as well as State Governments for clarification regarding the counting of past services to better regulate leave accumulation, pay protection and pensionary benefits. The department has analysed the matter after consulting with the Department of Pension and Pensioners’ Welfare and the Department of Expenditure to come to the following conclusions:
- Members of the All India Services who were employed in pensionable institutions such as autonomous bodies or State / Central Governments as on the 31st of December, 2003, and appointed as members of the All India Services on or after the 1st of January, 2004, with suitable permission will be covered under the Old Pension Scheme. The leave accumulation and pay protection resulting from previous service will be admissible based on relevant rules regarding to pay and leave for All India Services.
- The officers under Central Pay Commission shall not be permitted entry into the old pension schemes from the 1st of January, 2004.
- The officers of All India Services who were appointed to serve the government in autonomous bodies or the state or central government, whether in a non-pensionable or pensionable institution on or after the 1st of January, 2004 prior to appointment to All India Services will be regulated by the New Pension Scheme. The leave accumulation and pay protection resulting from their previous service shall be admissible based on the relevant rules regarding pay and leave for All India Services.
- The permissibility of counting of past services for the purpose of benefits mentioned above will depend upon continuous service and technical resignation.
- The State Governments are at liberty to ascertain the past service provided by the officer of service who seeks the aforementioned benefits. The services provided by an officer of All India Services prior to appointment to the service under a State or the Central Government will be considered as continuous service for the benefits provided that the specific conditions mentioned in the leave rules for All India Service officers are fulfilled. Such benefits can be availed without the Central Government’s approval.
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