Chapter 8
Retirement from Government Service

Section 107. A civil servant retires from government service upon:
(1) death;
(2) retirement from government service under the law on official gratuities and pensions;
(3) resignation from government service with grant to resign, or a resignation which becomes effective under section 109;
(4) discharge under section 59, section 67, section 101, section 110 or section 111; or
(5) dismissal or expulsion.

The date of retirement from government service under (4) and (5) shall be as prescribed by CSC Rule.

Section 108. A civil servant who attains the age of sixty years at the end of the budget year and the government service necessarily requires the continued performance of technical duties or duties requiring individual skills in a position under section 46(3)(d) or (e) or (4)(c) or (d) may continue in government service for no more than ten years as prescribed by CSC Regulation.

Section 109. A civil servant who wishes to resign from government service shall submit a letter of resignation to the immediate supervising official, which submission shall be made at least thirty days in advance of the resignation date, in order to enable the supervising official authorized to make an instatement order under section 57 to make a consideration prior to the resignation date.

In the case that the person wishing to resign submits a letter of resignation less than thirty days in advance, and the supervising official authorized to make an instatement order under section 57 finds that there are sufficient reasons and necessity, leave may be granted to resign on the requested date of resignation.

In the case where the supervising official authorized to make an instatement order under section 57 finds it necessary in the interests of the government service, the resignation may be withheld for no longer than ninety days as from the requested date of resignation. In such case, if the person requesting resignation does not withdraw the resignation prior to the expiration of the withholding period, it shall be deemed that the resignation takes effect upon the expiration of the withholding period.

In the case where the supervising official authorized to make an instatement order under section 57 does not withhold under paragraph three, the resignation shall take effect as from the requested date of resignation.

In the case where a civil servant wishes to resign from government service in order to assume a position in an independent agency under the Constitution, political position, or other position prescribed by CSC, or to apply for candidacy in an election of members of the National Assembly, members of local assemblies or local administrators, a letter of resignation shall be submitted to the supervising official under paragraph one, and the resignation shall become effective as from the date of resignation requested by such person.

Rules and procedures pertaining to resignation, consideration of leave for resignation, and the withholding of resignation from government service shall be as prescribed by CSC Rule.

Section 110. A supervising official authorized to make an instatement order under section 57 has the power to discharge a civil servant from government service to receive compensatory gratuities and pensions under the law on official gratuities and pensions in the following cases:
(1) when a civil servant suffers from an illness and is unable to perform official duties with regularity;
(2) when a civil servant applies for an assignment as desired by official authorities;
(3) when a civil servant lacks the general qualifications under section 36A.(1) or (3), or is under a prohibition under section 36B.(1), (3), (6) or (7);
(4) when the official authorities terminate or dissolve an agency or position which is assumed or held by the civil servant, whereby a person retiring from government service in this case shall also receive compensation under the rules, procedures and conditions prescribed by the Ministry of Finance;
(5) when a civil servant is unable to perform official functions efficiently and at a level of effectiveness satisfactory to the official authorities;
(6) when a civil servant is reduced in competence with respect to the performance of official duties, defective in official duties, or conducts oneself inappropriately to the official responsibilities, where the continued service of such person would be detrimental to the government service;
(7) when a civil servant is subject to an inquiry on a gross disciplinary breach under section 93 and the inquiry results does not make a sufficiently clear finding for the imposition of a punishment under section 97 paragraph one, but there is such dishonour or skepticisms in the case under inquiry that allowing continued service will be detrimental to the government service;
(8) when a civil servant serves a term of imprisonment pursuant to a final sentence of imprisonment for an offence committed negligently or a minor offence or serve a term of imprisonment by court order which does not call for a dismissal or expulsion.

An order of discharge from government service under paragraph one shall be as prescribed by CSC Regulation, whereby section 97 paragraph two shall apply mutatis mutandis to a discharge from government service under the case of lacking the general qualification under section 36 A.(3) of (3), the case of (6) and the case of (7).

Upon a supervising official authorized to make an instatement order under section 57 discharges a civil servant from government service under this section, a report shall be submitted to the Ministry CSSC or CSC, as the case may be, and section 103 shall apply mutatis mutandis.

Section 111. When a civil servant enters the military service under the law on military service, the supervising official authorized to make an instatement order under section 57 shall discharge such person from government service.

Where a person is discharged from government service under paragraph one, and it subsequently appears that such person is subject to a case which calls for a discharge from government service under another section prior to entry to the military service, the supervising official authorized to make an instatement order under section 57 shall have the power to modify the discharge order under paragraph one to a discharge from government service under such other section.

Section 112. In the case where a supervising official authorized to make an instatement order under section 57 does not exercise powers under section 110 without reasonable grounds, a higher level supervising official authorized to make an instatement order under section 57 shall have the power to take proceedings under section 110.

Section 113. A retirement from government service of a civil servant holding a position appointed by the King shall be presented to the King for a Royal Command of removal from the position as from the date of retirement from government service, except where the retirement was as a result of death, in which case the matter shall be presented to the King for acknowledgement.

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