Pension Withholding Regulations

Questions and Answers

Who is eligible for dearness relief on pension during re-employment?

Family pensioners employed outside India

All retired military personnel

Re-employed Armed Forces pensioners below the rank of Commissioned Officer (correct)

Commissioned Officers

What condition must be met for re-employed Armed Forces pensioners to receive dearness relief?

The re-employed pensioner must be a Commissioned Officer

The re-employed pensioner receives a pay above the minimum scale

The pension must be partially considered in pay fixation

The pay must be fixed at the minimum of the pay scale of the post (correct)

Which group is excluded from the compulsory Ex-servicemen Contributory Health Scheme (ECHS)?

National Guard members

Defence Security Corps pensioners

All family pensioners

Gorkha pensioners of Nepal domicile (correct)

What happens to the dearness relief for employed family pensioners?

It remains payable throughout the period of employment Signup and view all the answers

In what circumstances are pensioners employed outside India eligible for dearness relief?

Regardless of the employment type Signup and view all the answers

What must a re-employed pensioner provide to be eligible for dearness relief?

Certification from the concerned Central Government Department Signup and view all the answers

What statement is true regarding pensioners holding the rank of Officer?

They are not entitled to dearness relief during re-employment Signup and view all the answers

What type of employment does not affect dearness relief for family pensioners?

All types of employment Signup and view all the answers

Under what condition can a pension or part of it be withheld or withdrawn?

If the pensioner is convicted of a serious crime or guilty of grave misconduct Signup and view all the answers

What is the minimum action required before a pension can be withheld according to the competent authority's order?

The pensioner must be informed and given an opportunity to respond Signup and view all the answers

Which legal texts define what constitutes a 'serious crime'?

The Indian Penal Code, 1860 and Official Secrets Act, 1923 Signup and view all the answers

How long does a pensioner have to respond to a notice regarding potential pension withdrawal?

15 days Signup and view all the answers

What happens when only a part of a pension is withheld or withdrawn?

The remaining pension amount must not fall below the minimum pension defined by the government Signup and view all the answers

What must be considered by the competent authority before taking action against a pensioner?

The representation submitted by the pensioner Signup and view all the answers

In which case will the competent authority act based on a court's judgment?

When the pensioner is convicted of a serious crime Signup and view all the answers

What is the maximum imprisonment for an offense to qualify as a 'serious crime'?

3 years Signup and view all the answers

What is included in the calculation of qualifying service for pensionary benefits?

Full pre-Commissioned service under the Central Government Signup and view all the answers

How is a fractional year treated in the length of qualifying service?

Three months or above but less than six months counts as half a year Signup and view all the answers

What happens to past service if a resignation from service is submitted?

Forfeiture occurs unless withdrawn in public interest Signup and view all the answers

Which of the following periods does not qualify for service pension?

Any service not recognized under these regulations Signup and view all the answers

What is the condition for counting fractional years towards pension?

Fractions less than six months are ignored in pension calculations Signup and view all the answers

What does a total qualifying service of six months or more lead to in terms of pension calculations?

It is treated as two half years in benefits calculations Signup and view all the answers

Which service is explicitly mentioned as qualifying for a pension as a regular commissioned officer?

Service as a Commissioned Officer and Military Nursing Service officer Signup and view all the answers

What is the maximum length of time credited if qualifying service exceeds completed years?

Additional half-year credits any time over six months Signup and view all the answers

What must a Colonel or above do before accepting any commercial employment within one year of retirement?

Obtain prior sanction from the Government Signup and view all the answers

Which type of employment is excluded from the definition of 'commercial employment'?

Employment under a Government-controlled Body Corporate Signup and view all the answers

What happens if a retiree accepts commercial employment without prior sanction?

Their pension will not be payable for that period Signup and view all the answers

What happens to personnel below officer rank when re-employed in the National Cadet Corps/Auxiliary Cadet Corps?

They will continue to draw their service pension. Signup and view all the answers

What is the eligibility criteria for an individual not in receipt of pension after completing engagement with the National Cadet Corps?

They are eligible for a terminal gratuity for the service rendered. Signup and view all the answers

Which of the following situations requires prior sanction before accepting employment?

Establishing a practice with no professional qualifications in official matters Signup and view all the answers

If a pensioner has professional qualifications, which scenario requires prior approval?

Consulting in matters related to their past official position Signup and view all the answers

Under what conditions may a discharged individual who suffers from a disability receive compensation?

If the disability is found to be attributable to military service. Signup and view all the answers

Which of the following roles would be considered 'commercial employment'?

Partnership in a trading firm Signup and view all the answers

What governs the awards for disability pensions including constant attendance allowance?

Normal rules with an additional disability element as admissible. Signup and view all the answers

What is the implication of accepting employment that involves liaison with a government office?

It requires prior government sanction Signup and view all the answers

What is true about the re-employment of personnel regarding the grant of terminal gratuity?

Re-employed personnel may be eligible depending on their service period. Signup and view all the answers

What rate of family pension is applicable to personnel discharged from service?

The same rate as applicable to regular personnel. Signup and view all the answers

In which case can a retired officer's pension be affected?

Accepting a role that contacts government offices Signup and view all the answers

Which authority has the power to exercise regulations concerning service personnel and their families?

A designated Competent Authority. Signup and view all the answers

What is the status of re-employed service in relation to terminal gratuity?

Re-employed service does not count for terminal gratuity. Signup and view all the answers

Study Notes

Pension Withholding and Withdrawal

The competent authority can withhold or withdraw a pension if the pensioner is convicted of a serious crime or found guilty of grave misconduct.
A withheld pension amount must not fall below the government’s minimum pension threshold.
Action to revoke a pension must align with a court's judgment defining serious crimes.

Definition of Serious Crime

A serious crime includes offenses under the Indian Penal Code, Official Secrets Act, or any law with a maximum punishment of three years or more imprisonment.

Notice and Representation Process

Pensioners accused of grave misconduct must receive a notice detailing the proposed action and the grounds for it.
Pensioners have 15 days to submit a representation regarding the notice.
The competent authority must consider the pensioner's response before any pension action is executed.

Dearness Relief Provisions

Re-employed Armed Forces pensioners below the rank of Commissioned Officer are eligible for dearness relief after meeting specific conditions.
Employed family pensioners receive dearness relief during their period of employment.
Pensioners working outside India are still eligible for dearness relief on their pensions.

Ex-Servicemen Contributory Health Scheme (ECHS)

ECHS is mandatory for all pensioners/family pensioners except for specific groups such as Gorkha pensioners and Defence Security Corps members.
Complete pre-commissioned service counts towards pension qualifying service.

Pension Qualifying Service Calculations

In determining qualifying service, fractions of service equaling three months or more are rounded up to the nearest half-year.
Service as a Commissioned Officer and Military Nursing Service personnel qualifies for pension.

Re-employment of Personnel Below Officer Rank

Personnel re-employed in certain organizations retain service pensions but this re-employment does not count toward pension enhancement or terminal gratuity eligibility.
Those not receiving a pension may qualify for a terminal gratuity after service in relevant organizations.

Disability Pension and Family Benefits

Disability pension awards follow standard rules and can include a disability element for those suffering from military-related disabilities.
Special family pensions are available under conditions similar to regular personnel.

Regulations on Commercial Employment Post-Retirement

Officers ranked Colonel and above must obtain government permission for commercial employment within a year of retirement.
Failure to secure permission nullifies pension payments during the unauthorized employment period.

Definition of Commercial Employment

Includes various forms of work for companies and partnerships in trading or professional spheres, excluding government-owned entities.
Setting up practices related to previous official knowledge is restricted to prevent unfair advantages for clients.

Competent Authority

The authority responsible for enforcing service regulations and benefits for personnel and their families is outlined in accompanying documentation.

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Description

This quiz covers the regulations regarding the withholding or withdrawal of pensions in cases of serious crimes or grave misconduct by pensioners. It examines the conditions under which pensions can be affected and the minimum pension guarantees established by the government. Test your understanding of these legal provisions.