Supreme Court Judges ( Salaries and Conditions of Service) Act,1958
Act No : 41
Section :
Family pension and gratuity.
2*[16A. Family pension and gratuity. 3*(1) Where a Judge who, being in service on or after the commencement of the High Court and Supreme Court Judges Conditions of Service) Amendment Act, 1986,- (a) dies before retirement, family pension calculated at the rate of fifty per cent of the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier, and thereafter at the rate of half of the family pension so admissible; and 4*[(b) dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension admissible and shall be payable to the persons or persons entitled thereto; (c) dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension shall be calculated at the rates specified in clause (a) and shall be payable to the person or persons entitled thereto."] Explanation.-For the purposes of determining the person persons entitled to family pension under this sub-section,- (i) in relation to a Judge who elects or is eligible to receive pension under Part I of the Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group 'A', shall apply; (ii) in relation to a Judge who elects to receive pension under Part II or Part III of the Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein."] (2) The rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death- cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of ---------------------------------------------------------------------- 1 Ins. by Act 36 of 1976, s. 2 (w.e.f. 1-10-1974). 2 Ins. by s. 3 ibid., (w.e.f. 1-10-1974). 3 Subs. by Act 38 of 1986, S. 8 (w.e.f. 1-11-1986). 4 Subs. by Act 32 of 1989, S. 7. ---------------------------------------------------------------------- 52 October, 1974, retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that- (i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months; (ii) the amount of gratuity shall be calculated on the basis of twenty days' salary for each completed year of service as a Judge; 1* * * * * * (4) Sub-sections (1), (2) and (3) shall be deemed to have come into force on the 26th day of January, 1950 and sub-section (1A) shall be deemed to have comes into force on the 9th day -of May, 1986 and any rule made under,any of the said sub-sections may be made so as to be retrospective to any date not earlier than the commencement of the respective sub-section. 3 [fifty thousand rupees] Explanation.-2*In sub-section (2) the expression "Judge" has the same meaning as in section 13.]
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