Section 26 of The Civil Liability for Nuclear Damage Act, 2010
If a person who, immediately before the date of assuming office as the Chairperson or a Member was in receipt of or being eligible so to do, has opted to draw, a pension, other than a disability or wound pension, in respect of any previous service under the Central Government, his salary in respect of service as the Chairperson or a Member shall be reduced--
- (a)by the amount of that pension; and
- (b)if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension.
Summary
- If a person was receiving or had opted to receive a Central Government pension before becoming Chairperson or Member, their Commission salary is reduced.
- The salary reduction is equal to the amount of that Central Government pension.
- If they commuted a portion of their pension, their salary is still reduced by the amount of that commuted portion.
- Disability or wound pensions are exempt from this rule and do not reduce their Commission salary.
Practical examples
FAQ
1. Does a retired Central Government employee lose their entire salary on joining the Commission?
No, their Commission salary is only reduced by the amount of their previous Central Government pension or any commuted portion of it.
2. Are there any types of pensions that do not cause a reduction in the Commission salary?
Yes, disability pensions and wound pensions are exempt and do not reduce the salary.
3. What happens if the appointee commuted a portion of their pension for a lump-sum payment before taking office?
Their Commission salary is still reduced by the amount of that commuted portion, just as if they were receiving it monthly.
Test yourself
Q1.Under Section 26 of The Civil Liability for Nuclear Damage Act, 2010, which type of pension is explicitly exempt from reducing the salary of a Chairperson or Member?
Q2.Under Section 26 of The Civil Liability for Nuclear Damage Act, 2010, what is the effect of receiving a lump-sum commuted value of a pension before taking office?
Q3.Under Section 26 of The Civil Liability for Nuclear Damage Act, 2010, how does the salary reduction rule interact with Section 22, which prevents a Member's salary from being varied to their disadvantage after appointment?
Q4.Under Section 26 of The Civil Liability for Nuclear Damage Act, 2010, whose previous service pension triggers a reduction in the Commission's salary?