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Section 77: Pensioners re-employed in a service capacity otherwise than in an emergency

The Navy (Pension) Regulations, 1964Central Regulations · 1957

(1) Where a pensioner is re-enrolled or is re-employed in an appointment the incumbent of which is normally required to be enrolled under the Act, the pension shall be held in abeyance, but the re-employed service shall also count for pension, if any, under the rules governing the re-employment. On release from re-employment either the pension which was held in abeyance or any higher pension earned by virtue of further service shall be payable.

(2) Where a pensioner is not re-enrolled or is re-employed in an appointment which does not require him to be enrolled, the pension shall be admissible in addition to the pay of the appointment. The re-employed service shall not count for pension or for gratuity.

Explanation 1[1] – the provisions of this regulations also apply to Naval pensioners reengaged in Army and Air Forces.

Explanation 2.- An ex-reservist who had drawn a gratuity in lieu of reservists pension, will for the purpose of sub-regulation (1), be treated as if he was pensioner in such a case, the grant of an enhanced pension if otherwise admissible will be subject to the recovery of the difference between the gratuity and the pension (including temporary increase and ad-hoc increase at the prevalent rates, if any), which he would have drawn from the date of his discharge to the date of his re-employment. The recovery due will be made within a period of three years from the date of his re-employment of reenrolment in not more than thirty six instalment from his pay. The first installment shall be payable within three months from the date of re-employment or re-enrolment.

SECTION 2 SERVICES PENSION AND GRATUITY

Where this provision sits

ActThe Navy (Pension) Regulations, 1964
Section77
Marginal notePensioners re-employed in a service capacity otherwise than in an emergency
JurisdictionCentral
StatusIn force as published by the source

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