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Union of India - Section

Section 2 in The Life Insurance Corporation of India (Employees) Pension Rules, 1995

2. Definitions.

- In these rules, unless the context otherwise requires -
(a)"Act" means the Life Insurance Corporation Act, 1956 (31 of 1956);
(b)"actuary" shall have the meaning assigned to it in clause (1) of Section 2 of the Insurance Act, 1938 (4 of 1938);
(c)"Appendix" means an Appendix annexed to these rules;
(d)"average emoluments" means the average of the pay drawn by an employee during the last ten months of his service;
(e)"child" means a child of the employee, who, if a son, is under twenty-five years of age and if a daughter, is unmarried and is under twenty-five years of age and the expression "children" shall be construed accordingly;
(f)"Competent Authority" means,-
(i)in relation to employees belonging to the cadre of Assistant Administrative Officers and employees belonging to Class II, Class III and Class IV, the Zonal Manager in-charge of the Zone of the Corporation; and
(ii)in any other case, the appointing authority specified by Appendix I to these rules;
(g)"contribution" means any sum credited by the Corporation on behalf of an employee to the Fund, but shall not include any sum credited as interest;
(h)"Corporation" means the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956);
(i)"date of retirement" means the last day of the month in which an employee attains the age of superannuation or the date on which he is retired by the Corporation or the date on which the employee voluntarily retires;
(j)"employee" means any person employed in the service of the Corporation on full-time work on permanent basis and who opts and is governed by these rules but does not include an employee retired before the commencement of these rules and who is drawing pension from the Pension Fund of the Oriental Government Security Life Assurance Company Limited in accordance with sub-regulation(2) of regulation 76 of the Life Insurance Corporation of India (Staff) Regulations, 1960, made under the Act;
[Provided that where the Chairman of the Corporation appointed by the Central Government in accordance with Section 4 of the Act was immediately preceding such appointment an Employee of the Corporation, then, subject to the terms of any contract, agreement or letter of appointment or directions issued by the Central Government, such Chairman for the purposes of these rules shall also be deemed to be an employee of the Corporation.] [Notified vide Government of India Notification dated 3.7.1996]
(k)"family" in relation to an employee means,-
(i)wife in the case of a male employee or husband in the case of a female employee;
(ii)a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;
(iii)son who has not attained the age of twenty-five years and unmarried daughter who has not attained the age of twenty five years including such son or daughter adopted legally [......deleted ] [Notified vide Government of India Notification dated 3.7.1996]
(l)"financial year" means a year commencing on the first day of April;
(m)"Fund" means the Life Insurance Corporation of India (Employees) Pension Fund constituted under rule 5;
(n)"notified date" means the date on which these rules are published in the Official Gazette;
[Provided that the notified date in relation to employees mentioned in proviso to clause (j) shall mean the date on which these Amendment Rules are published in Official Gazette.] [Proviso added vide Government Notification dated 3.7.1996]
(o)[ "pay" includes,- [Clause 'o' as amended vide Government Notification dated 14.5.1999]
(i)the basic pay including the stagnation increments if any; and
(ii)all allowances counted for the purpose of making contribution to the Provident Fund and for the payment of dearness allowance;
and
(iii)fixed personal allowance not exceeding the last increment in the scale of pay; if any,
and
(iv)in a case covered by the proviso to clause (j) or where the salary and other conditions have been fixed with the approval of the Central Govt., the dearness allowance calculated upto Index No.1148 in the All India Average Consumer Price Index for Industrial workers in the series 1960=100 applied on the basic pay drawn by him in the scale of pay notified by the Central Govt., for the post.]
Provided that for the purpose of calculating average emoluments, as defined under sub-clause (d) of rule 2, in respect of employees whose ten months' period before retirement falls partly under pre-revised pay scales and partly under the revised pay scales, the pay for the period for which they have drawn pay as per pre-revised scales may be updated by including the dearness allowance actually drawn by them or the dearness allowance upto the AICPI to which the revised basic pay is pegged, whichever is less.
(p)"pension" includes the basic pension and the additional pension referred to in Chapter VI of these rules;
(q)"pensioner" means an employee eligible for pension under these rules;
(r)"qualifying service" means the service rendered while on duty or otherwise which shall be taken into account for the purpose of pension under these rules;
(s)"retirement" means,-
(i)retirement in accordance with the provisions contained in sub-regulation (1) or sub-regulation (2) or sub-regulation (3) of regulation 19 of the Life Insurance Corporation of India (Staff) Regulations, 1960 and rule 14 of the Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985 made under the Act;
(ii)voluntary retirement in accordance with the provisions contained in rule 31 of these rules;
(t)"Service Rules" includes, -
(i)the Life Insurance Corporation of India Class I Officers (Revision of Terms and Conditions of Service) Rules, 1985;
(ii)the Life Insurance Corporation of India Class III and Class IV Employees (Revision of Terms and Conditions of Service) Rules, 1985;
(iii)the Life Insurance Corporation of India Development Officers (Revision of Terms and Conditions of Service) Rules, 1986;
made under Section 48 of the Act;
(u)"Staff Regulations" means the Life Insurance Corporation of India (Staff) Regulations, 1960 made under the Act;
(v)"trust" means the trust of the Life Insurance Corporation of India (Employees) Pension Fund constituted under sub-rule(1) of rule 5;
(w)"trustee" means the trustee of the Life Insurance Corporation of India (Employees) Pension Fund constituted under rule 5;
(x)"trustee of the Provident Fund " means the trustees of the Provident Fund of the Corporation;
(y)all other words and expressions used in these rules but not defined, and defined in the Act or the Service Rules or the Staff Regulations shall have the same meanings respectively assigned to them in the Act, the Service Rules or the Staff Regulations, as the case may be.
Chapter - II Application and Eligibility