Section 95 in Pension Fund Regulatory and Development Authority (Employees Service) Regulations, 2015
95. Gratuity.
(1)Every employee, shall be eligible for gratuity on :-(a)retirement;(b)death;(c)disablement rendering him unfit for further service as certified by Authority's Medical Officer;(d)resignation after completing five years of continuous service; or(e)termination of service in any other way (except by way of punishment) after completion of five years of service.(2)The amount of gratuity payable shall be determined by the Authority from time to time.(3)An employee who has not completed a minimum period of ten years of continuous service in the Authority, the gratuity shall be paid as per the provisions of the Payment of Gratuity Act, 1972 (39 of 1972), as amended from time to time.Provided that where an employee has completed a minimum period of ten years of continuous service in the Authority, the gratuity shall be paid as per the PFRDA (Payment of Gratuity to Employees) Rules.Provided further that the gratuity amount payable to an employee shall not be less than the amount payable under the Payment of Gratuity Act, 1972.(4)Without prejudice to the sub-regulation (1), (2) and (3), the Authority may create a gratuity trust.
