All India Services (Death-cum-Retirement Benefits) Amendment Rules, 2023

July 20, 2023

The Department of Personnel and Training (DoPT) has recently introduced the All India Services (Death-cum-Retirement Benefits) Amendment Rules, 2023. These amended rules, which came into effect on 6th July 2023, bring significant changes to the existing regulations governing the retirement benefits of central government employees.

Change in Rule 2: Inclusion of Earned Increment in Emoluments

One of the notable changes in the amended rules is found in Rule 2. Previously, if a member of service earned an increment before retirement or death, it was not included in their emoluments. However, the amendment now states that such increments, even if not actually drawn, will be considered part of their emoluments or average emoluments.

Conditions for Grant and Continuation of Pension

Under the amended rules, future good conduct is an implied condition for the grant and continuation of pension. This emphasizes the importance of maintaining exemplary conduct throughout the service period and after retirement.

Withholding or Withdrawal of Pension

The Central Government has the authority to withhold or withdraw a pension, either for a specified period or indefinitely, under certain circumstances. These situations arise when a pensioner is sentenced for a severe offense or when they are proven to have committed serious misconduct. Importantly, the Union Public Service Commission must be consulted before passing such an order.

Restrictions on Publishing After Retirement

Members of specific organizations listed in the Second Schedule to the Right to Information Act, 2005, face restrictions on publishing certain materials after retirement. These materials include any information related to the organization’s domain, personnel details, expertise gained, and sensitive information that could jeopardize India’s sovereignty, security, or international relations. Prior clearance from the organization’s head is required before publishing such material.

Appeals and Provisions for Family Pension

If an individual wishes to appeal against an order passed by the Central Government, the appeal must be made to the President in consultation with the Union Public Service Commission.

The amended rules also address provisions for family pension. For divorced daughters, the family pension will be payable from the date of divorce if the divorce proceedings were initiated during the lifetime of the member of service or pensioner. Additionally, a child or sibling with a mental or physical disability will be deemed as not earning their livelihood if their income from sources other than family pension is below the entitled amount.

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