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Khyber Pakhtunkhwa Civil Servants Pension Rules 2021

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Notification | Khyber Pakhtunkhwa Civil Servants Pension Rules 2021 | Government of Khyber Pakhtunkhwa Finance Department | September 06, 2021

No. SOSR-II/FD/2-4/2021.—In exercise of the powers conferred by section 26 of the Khyber Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of 1973), the Chief Minister of Khyber Pakhtunkhwa is pleased to make the following rules, namely:

Khyber Pakhtunkhwa Civil Servants Pension Rules 2021

Click here to download (in PDF) Khyber Pakhtunkhwa Civil Servants Pension Rules 2021

Chapter-I Preliminary

1. Short title and commencement— (1) These rules may be called the Khyber Pakhtunkhwa Civil Servants Pension Rules, 2021.
(2) These rules shall come into force at once.

2. Definitions—In these rules, unless the context otherwise requires:-
(a) ‘Act”, means the Khyber Pakhtunkhwa Civil Servants Act, 1973 (Khyber Pakhtunkhwa Act No. XVIII of 1973):
(b) ‘Accounts Officer’ means an officer, who keeps the accounts of Government and includes the Accountant General, Khyber Pakhtunkhwa. District Comptrollers of Accounts and District Accounts Officers and any other officer. who keeps Government accounts:
(c) “competent authority” means the authority to appoint civil servants in various basic pay scales respectively:
(d) “commutation” means the advance payment of 35% of the gross pension to the pensioner for the specific period as specified under these rules. which shall be restorable when the paid amount is recovered:
(c) “family” means-(i) wife in the case of male civil servant or husband in case of a female civil servant for a lifetime or till re-marriage: (ii) children as per detail given below; who were dependent upon the deceased civil servant or pensioner: (a) unmarried daughters. lifetime or till marriage: (b) disabled and retarded children. for a lifetime and without age limit: (c) widowed or divorced daughters, for a lifetime or till remarriage: (d) son(s) up to the age of 21 years: and
(e) in case of non-existence of any of the above family members, to the father or failing the father to the mother subject to the condition that they were wholly dependent upon the deceased civil servant or pensioner and have no other source of income.
(f) “family pension”, means a compassionate grant paid to the family at the rate of a hundred percent (100%) of the pension.
(g) “gratuity”. means the amount as specified by Government and paid to the family of a civil servant who dies while in service:
(h) ‘gross pension” means the pension before surrendering of the amount for commutation of gratuity: (i) ‘net pension” means the pension being drawn, minus medical allowance: (j) “pension” means a periodical payment, made by the Government, in consideration of past service, rendered by a civil servant:
(k) ‘pensioner, means a civil servant retired from service and receiving a pension or a member of the family of a deceased civil servant in case of family pension:
“Pension Form- means the Pension Form appended to these rules: and

Chapter-II Service Qualifying for Pension

3. Conditions of qualification.—(1) The service of a civil servant does not qualify for pension unless it conforms to the following conditions: (a) the service shall not be less than ten years; (b) the service must be paid by Government from the Provincial Consolidated Fund; (c) the service of a probationer who is subsequently confirmed in a permanent post without interruption qualifies for pension; (d) the time spent by a civil servant in approved training shall count as service qualifying for pension; however. the period of training before actual appointment to a civil post shall not count for pension; (e) all leave, other than extraordinary leave counts as qualifying service for the purpose of pension; Explanation: The period of extraordinary leave shall not be treated as qualifying service for pension but only as a bridge between the two periods of qualifying service.
(f) the period of suspension, followed by reinstatement, shall be deemed to have been the period as qualifying for pension, regardless of the fact whether the civil servant was or was not allowed full pay and allowances for the period of suspension;
(g) time spent by a civil servant on deputation in another Government or autonomous body working under Government:
(h) military pensionable service which ceases before a pension has been earned in respect of it, when followed by civil pensionable service, counts as part of such service;
(i) if a permanent post, on which a civil servant holds a lien, is abolished, under circumstances entitling him to get a compensation pension or gratuity, his service thereafter in a temporary post, under Government, qualifies for pension; and
j) for the purpose of grant of pension for the service in an autonomous or semi-autonomous body, the pay is drawn and the effective service, rendered by a civil servant in an autonomous or semi-autonomous body, the authorized capital of which is wholly subscribed by the Federal or Government in a post. appointment to which is by law, required to be made and salary of which is required to be fixed by the Federal Government or Government shall be treated as pay

(2) Subject to any special law or rules, for the time being in force, the service of a civil servant begins to qualify for the pension, when he takes over charge of the post to which he is first appointed.

(3) The past service of a civil servant, for the purpose of pension, shall not be counted in the following cases: (a) resignation of a post unless it is to take up another post or service which counts for pension; (b) removal or dismissal from service; and (c) absence from duty without leave. Note: However, the authority which has the powers to sanction leave may commute the absence from duty without leave into extraordinary leave retrospectively.

(4) The following are deficiencies, which may be condoned: (a) a deficiency of six months or less in the qualifying service of a civil servant shall be deemed to have been condoned at any stage up to the thirtieth year; (b) a deficiency of more than six months but less than a year may be condoned by the Finance Department of Government; and (c) a deficiency of one full year or more shall not be condoned.

(5) The pension sanctioning authority may condone all gaps between periods of qualifying service of a civil servant as per the following criteria:
(a) first criteria: if a civil servant has the following broken spells of temporary or officiating service: (i) ten years and four months. followed by a break: (ii) three years and two months followed by a break and (iii) twelve years and six months.
The first and third spells are qualifying for pension and therefore can be counted as twenty-two years and ten months qualifying service. The second spell being not qualifying shall not be counted and shall be treated as a gap in between the first and third spells of service. The gap between two spells of qualifying service may be condoned;
(b) second criteria: if a civil servant has the following broken spells of service: (i) eight years followed by a break: (ii) live years followed by a break: and (iii) six years followed by a break.
Since all the periods of service are less than ten years. therefore not qualifying for pension and may not be condoned.
(c) third criteria: if a civil servant has the following broken spells of service: (i) twelve years and more followed by a break: (ii) six years followed by a break; and (iii) seven years followed by a break
Only the first spell is qualifying for pension, while the second and third spells are not qualifying being less than ten years. therefore. neither of the two gaps may be condoned.
(d) fourth criteria: if a civil servant has the following broken spells of service (i) ten years and three months followed by a break; (ii) six years followed by a break; and (iii) three years followed by confirmation.

(6) The second spell is not qualifying. The first and third spells are qualifying for pension: therefore, the gap between them may be condoned as in the case of the first criteria.

Chapter-III Different Kinds of Ordinary Pension and Conditions for their Grant

4. Superannuation pension. A superannuation pension is granted to a civil servant, who retires from service on the completion of sixty years of his age.

5. Retiring pension— (1) A retiring pension is granted to a civil servant, who not being eligible for superannuation pension and
(a) opts to retire after twenty-five years qualifying service or attaining the age of fifty-five years, whichever is later;
Or
(b) is compulsory retired from service on such date as the competent authority, in the public interest, may direct under clause (a) of section 13 of the Act; or
(c) is compulsorily retired from service by the competent authority to remove him from service on grounds of inefficiency, misconduct or
Note-I: The option in clause (a), shall not be available to a civil servant against whom a departmental enquiry is pending.
Note-II: In case an inquiry is not finalized within one year, full pension and commutation shall be sanctioned at the end of the year.
Note-Ill: On receipt of an application under clause (a), the head of the department shall arrange verification of qualifying services by the concerned Accounts Officers within one month from the date of the receipt of the application before orders of retirement are passed.
Note-IV: If a civil servant opts for retirement under clause (a), and later on withdraws his application for retirement or modifies the date of retirement, before its acceptance or in case the application is accepted and communicated, before retirement matures, the application or the date of retirement shall be deemed to have been withdrawn or modified, as the case may be.
Note-V: No direction under clause (b) shall be made until the civil servant has been informed in writing of the grounds on which it is proposed to make the direction and has been given a reasonable opportunity of showing cause against the said direction.

6. Invalid pension (1) An invalid pension is awarded to a civil servant on retirement from Government service. before reaching the age of superannuation, who, by bodily or mental infirmity, is permanently incapacitated for further service on the production of a Medical Certificate, prescribed at Pension Form —I.

(2) A civil servant, who wishes to retire on invalid pension, shall apply to his head of office or department who shall direct him to present himself before a Standing Medical Board or an Invalidating Committee in case of civil servants of basic pay scale 16 and above and a Medical Superintendent, District Headquarter Hospital or Services Hospital in case of civil servants below basic pay scale 16 for obtaining a medical certificate of incapacity for further service as specified at Pension Form-I.

(3) In case the authority competent to sanction pension did not agree with the contents of the medical certificate, issued under sub-rule (2) of this rule, he may, for the reasons to be recorded in writing within one month of the receipt of said medical certificate request the concerned authorities of Health Department of Government for constitution of a Special Medical Board regarding invalidation of the civil servant concerned.

(4) On receipt of the medical certificate of incapacity for further service, the civil servant shall be invalidated from service within thirty days, or if he is on leave or is granted leave as a special case, on the expiry of such leave, whichever maybe later.

(5) If a civil servant before completion of ten years service is unable to work and retire on account of invalidation due to illness, accident, earthquake or terrorism

7. Compensation pension.— If a civil servant is selected for discharge owing to the abolition of his permanent post or owing to a change in the nature of the duties of that post, he shall, unless he is appointed to another post, the conditions of which are deemed to be at least equivalent to those of his own, has the option.
(a) of taking any compensation pension to which he may be entitled to the service he has already rendered; or
(b) of accepting another post or transfer to another establishment even on a lower pay if offered and continuing to count his previous service for pension.

8. Compassionate allowance to a civil servant who is dismissed or removed from service. No pension shall be admissible to a civil servant who is dismissed or removed from service for reasons of discipline. However, the Finance Department of Government may sanction compassionate allowance to such a civil servant, not exceeding two-thirds of the pension, which shall have been admissible to him had he been invalided from service on the date of such dismissal or removal.

9. Special additional pension: The retiring civil servants in basic pay scale-20,21 and 22, eligible for the orderly allowance, shall be entitled to a special additional pension equal to the admissible pre-retirement orderly allowance.

Chapter-IV Amount of Ordinary Pension and Commutation

10. Calculation of pension :(1)The pension is calculated at the rate of seventy percent (70%) of emoluments on completion of thirty years of qualifying service. Where qualifying service is less than thirty years but not less than ten years. the proportionate reduction shall be made and pension is calculated at the percentage applicable according to the length of service.

(2) After qualifying service of not less than ten years. full superannuation, retiring. invalid. or compensation pension may be granted.

(3) Family pension shall be hundred percent (100%) of the gross or net pension. as the case may be, of a deceased civil servant or pensioner.

11. Emoluments: For the purpose of calculation of pension, emoluments shall include-(a) pay as defined in sub-clause(i) of clause (a) of sub-rule (21) of rule 9 of the Fundamental Rules: (b) special pay. personal pay, and technical pay: (c) senior post allowance (d) one increment of the relevant pay scale in case of retirement on or after the first day of June of a year: (e) increment accrued during leave preparatory to retirement: and (f) any other amount which may be specifically classed as pay or emoluments. by the Finance Department of Government for the purpose of calculation of pension. Note-If the term -pay’ does not include the pay drawn by a civil servant in foreign service or additional pay for the performance of additional duties of another post.
Note-II: The benefit of one increment as specified in clause (d) shall equally be admissible in the cases of civil servants who die while in service.
Note-Ill: The benefit of clause (d) above. shall also be admissible to those who exhausted the relevant pay scale. They shall be allowed the amount equivalent to an increment beyond the scope of the existing pay scale.
Note-IV: The benefit of clause (d). shall also be admissible to those who are enjoying the benefit of personal pay beyond the maximum of the relevant pay scale.

12. Medical allowance: A pensioner shall be entitled to medical allowance at the rates specified by Government. 13. Commutation: (1) Commutation up to thirty-five percent (35%) of gross pension shall be admissible at the option of the pensioner.
(2) If a civil servant, who retires after completing ten years or more service. so wishes, he may draw the full gross pension i.e. commutation of pension shall not be necessary.
(3) The lump sum payable on commutation shall be calculated in accordance with the table of present values given.

Table of Calculating the Commuted Value of Pension

Table of Calculating the Commuted Value of Pension – KPK Civil Servants Pension Rule 2021

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