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Pension Regulation Army 2008 Part - I

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pension shall be payable to a pensioner who accepts such an employment without prior Sub-Section – II: Retiring Pension
permission in respect of any period as the Central Government may direct. Gratuity where
due, but not already paid, shall also be liable to be forfeited in part or in full as the Central ADMISSIBILITY
Government may, at its discretion, decide.
NOTE- Officer other than Army Medical Corps/Army Dental Corps carrying reserve 33. An Officer who retires on attaining the prescribed age of retirement or permitted to
liability shall obtain permission of Government before proceeding abroad and/or retire from service may be granted retiring pension or retiring gratuity as the case may be
acquiring citizenship of a foreign country. in accordance with these Regulations subject to the provisions of Regulation 29 of these
Regulations.
Explanations:-
MINIMUM QUALIFYING SERVICE FOR EARNING RETIRING PENSION
1. For the purpose of this Regulation, the expression, “employment under any
Government outside India” includes employment under a Local Authority or Corporation 34. The minimum period of actual qualifying service (without weightage) required for
or any other Institution or Organisation which functions under the supervision or control of earning a retiring pension shall be 20 years (15 years in the case of late entrants).
Government outside India, or an organisation of which Government of India is not a
member. Permission will , however, not be granted for acceptance of employment under a Explanation: --

foreign mission in India before expiry of at least 3 years from the date an Officer ceases to
For purpose of the Regulations in this Chapter, a ‘late entrant’ is an Officer who is
be in Armed Forces service.
retired on reaching the prescribed age limit for compulsory retirement with at least 15
2. The expression “date of retirement” including premature retirement in relation years service (without weightage) qualifying for pension but whose total qualifying service
to an Officer re-employed after retirement either in the same or in any equivalent post in is less than 20 years (without weightage).

the Armed Forces, including National Cadet Corps, means the date on which the Officer AVERAGE EMOLUMENTS FOR RETIRING PENSION
finally ceases to be re-employed in the Defence Services.
35. Average emoluments in the case of Officer shall be determined with reference to
the reckonable emoluments drawn by him during the last 10 months of his service.

Notes:1. If during the last 10 months of his service, an Officer had been absent from
duty or leave for which leave salary is payable or having been suspended, had
been re-instated without forfeiture of service, the emoluments which he would
have drawn had he not been absent from duty or suspended, shall be taken into
account for determining the average emoluments.

Provided that any increase in pay (other than the increment referred to in
Note 3 below) which is not actually drawn shall not form part of his
emoluments.

2. If during the last 10 months of the service, an Officer had been absent from
duty or had been under suspension, the period whereof does not count as
service, the aforesaid period of absence from duty or suspension, shall be
disregarded in the calculation of the average emoluments and equal period
before the 10 months shall be included.

3. In the case of an Officer who was on annual leave or furlough leave during the
last 10 months of his service and earned an increment, which was not withheld,
such increment though not actually drawn, shall be included in the average
emoluments. Provided that the increment was earned during the currency of
such leave not exceeding 120 days or during the first 120 days of leave where
such leave was for more than 120 days.

Pension Regulations for the Army, Part -I (2008) Pension Regulations for the Army, Part -I (2008)

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