Under what circumstances pension can be stopped?

Their forfeiture is only on resignation, removal or dismissal from service. After a pension is sanctioned, its continuance depends on future good conduct vide Article 351, CSR [Rule 8, CCS (Pension) Rules, 1972] but it cannot be stopped or reduced for other reasons.

Can a pension be revoked?

Employers can end a pension plan through a process called “plan termination.” There are two ways an employer can terminate its pension plan. To do so, however, the employer must prove to a bankruptcy court or to PBGC that the employer cannot remain in business unless the plan is terminated.

What is the rule of pension?

The amount of pension is 50\% of the emoluments or average emoluments whichever is beneficial. Minimum pension presently is Rs. 9000 per month. Maximum limit on pension is 50\% of the highest pay in the Government of India (presently Rs.

Is pension a constitutional right?

Pension provisions are subsumed under The Employee’s Pension Scheme, 1955. Considering these things in mind the Indian Government has considered the right to pension as a fundamental right under Article 21 of the Constitution of India and as ‘Property’ under article 300-A of the Constitution of India.

Who will get pension after death?

(i) Family Pension is payable to widow or widower up to the date of death or re-marriage, whichever is earlier. (ii) Family pension will continue to be payable to a childless widow on re-marriage, if her income from all other sources is less than the amount of minimum family pension and the dearness relief admissible.

Is pension a right or privilege?

Pension a Fundamental Right, cannot be deducted without authority of Law: High Court. The Court said that “Pension payable to employees upon superannuation is ‘property’ under Article 300-A of the Constitution of India & it constitutes a fundamental right to livelihood under Article 21 of the Constitution of India.

Can pension be attached?

COURT SAYS YES. In this Bombay High Court judgement, Justice M.G Giratkar adjudicated that a government given pension can be attached to recover maintenance amount and it does not violate s. 11 of the Pensions Act which states that the pension cannot be attached in civil disputes at the instance of creditors.