Reemployed Defence Pensioners need not to be worried. Your problem regarding deduction of DR on pension will be resolved now with the correct documentation. All you need to upload a certificate duly signed by your present employer in the effect that last pay drawn at the time of retirement has not been protected any way and pay has been fixed at minimum of pay scale on reemployment. Pay fixed at higher stage due to grant of advance increment is also treated as “No Pay Protection allowed”. Proforma of the Certificate is given at the bottom of this article. This action must be performed within November.
In case of persons below officer rank, if pay is fixed t minimum of reemployed post, DR is allowed on pension. In SPARSH Portal, several instances are their wherein it has been noticed that due to non-submission of re-employment certificate, DR has been deducted. Later on , after producing the re-employment certificate, DR has been resumed on pension.
Detailed provision of Pension Regulation regarding admissibility of DR On Pension
Regulation 83. (a) of pension Regulation for the Army Part – II defines that, iIf a pensioner is re-employed under the Central or State Government or a Corporation/Company/ Body/Bank under them in India or abroad including permanent absorption in such Corporation/Company/Autonomous Body/Bank, he shall not be eligible to draw dearness relief on pension during the period of such re-employment and he shall be required to furnish a certificate of non-employment or re-employment as in Appendix XVIII (3) to these Regulations once in a year in the month of November.
83 (b) of the regulation clarifies that in the event of non-production of non-employment or reemployment/employment certificate, the payment of dearness relief on pension shall be stopped until the pensioner produces the same.
According to the Regulation 83 (c), the payment of dearness relief shall be allowed to re-employed Armed Forces pensioner in the case of those who held the rank below the rank of Commissioned Officer, subject to furnishing a certificate to the Pension Disbursing Authority concerned by the Armed Forces authority or Central Govt. Dept. concerned including subordinate organisation employing Armed Forces Pensioners and maintaining service records of the re-employed pensioner retired from military service that –
(i) The entire amount of pension sanctioned by the Central Government was ignored in the fixation of the pay on re-employment i.e. no part of pension was taken into account in such fixation of pay in the pay scale of the post in which the Armed Forces personnel was re-employed.
(ii) The pay of the re-employed pensioners was/is fixed at the minimum of the pay scale of the post in which he had/has been re-employed after discharge from Armed Forces.
Regulation 83(d) says that the payment of dearness relief on family pension to employed family pensioners shall remain payable during the period of employment.
Regulation 83(e) provides that a pensioner employed outside India under a foreign Government or a private organisation shall remain eligible for dearness relief on pension/family pension.
According to Regulation 83(f), on cessation of re-employment the payment of dearness relief shall be resumed by the Pension Disbursing Authority.
Explanation on the above provisions are here –
1. Pensioners who held the rank of Commissioned Officers are not entitled for dearness relief on their pension during the period of their re-employment.
2. The pay fixed at a higher stage because of advance increments and where no protection of the pay last drawn has been given , the pay shall be treated as fixed at the minimum only for the purpose of ignoring the entire pension and allowing dearness relief.
Format of “Reemployment and Pay Fixed at Minimum of reemployed post” is given below which required to be filled up, signed by present employer and scanned copy required to be uploaded every year at the time of submission of Life Certificate
Appendix – XVIII (3) (part-II) to Regulation 83 of Pension Regulations for the Army 2008 Part-II
Form of Certificate of Non – Employment/Re-employment. (Referred to in Regulation 83)
Certificate of Re-Employing Authority in respect of Re-employed pensioner.
(To be obtained and submitted in Pension Disbursing Authority only once after re-employment)
(a) It is certified that Shri ___________________________________ is reemployed with this office w.e.f. ________________________ He has retired from military service from the rank of ____________ which is not a Commissioned rank or included in classified as group ‘A’ Post.
(b) It is further certified that the entire pension sanctioned by Central Government was ignored in fixation of pay on his/her re-employment.
(c) The pay of the re-employed pensioner was fixed at the minimum of the scale of pay in which he is re-employed.
(d) The pay of Sri __________________________ was fixed at Rs. _____________ because of advance increment (s), which is higher than minimum of scale on the scale of pay of Rs. _____________ on the date of his reemployment ie ___________________________ No protection of pay last drawn in Military service is given.
Designation Address of office/Department
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