Thursday, November 7, 2013

Terms of Reference of the 7th Pay Commission by Bharatiya Pratiraksha Mazdoor Sangh

Terms of Reference of the 7th Pay Commission by Bharatiya Pratiraksha Mazdoor Sangh

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS / DoP&T / 7th CPC / 250 (6/1/M)
Dated: 31.10.2013

To,
The Secretary (JCA),
Govt of India, Min of Pers, PG & Pensions,
Department of Personnel & Training,
North Block, New Delhi – 110001

Subject: Terms of Reference of the 7th Pay Commission

Reference: Your letter No. 16/15/2012-JCA, dated 30.09.2013

Respected Sir,

 With due regards, your attention is invited to the letter cited under reference whereby suggestions of the Staff Side on the subject matter have asked for. Hence, according to this federation the terms of reference of the 7th CPC should be as under:-

A. To examine the principles that should govern the structure of pay, allowances and other facilities/benefits whether in cash or in kqind to the following categories of employees:-

1. Central Government employees – industrial and non-industrial.
2. Personnel belonging to the All India Services.
3. Personnel belonging to the Defence Forces.
4. Personnel of the Union Territories.
5. Officers and employees of the Indian Audit and Accounts Department; and
6. Members of the regulatory bodies (excluding the RBI) set up under Acts of Parliament.

B. To define and implement the concept of a “Living Wage” to cover all categories of employees in Central Government Organisations.

C. To examine, define and rationalise the concept of minimum and maximum pay amongst categories of employees.

D. To work out a comprehensive pay package for the categories of Central Government employees mentioned at (A) above that is suitably linked to promoting efficiency, productivity and economy through rationalization of structures, organizations, systems and processes within the Government, with a view to leveraging economy, accountability, responsibility, transparency, assimilation of technology and discipline.

E. To harmonize the functioning of the Central Government Organisations with the demands of the emerging global economic scenario.

F. To examine the effects of deployment of “Contract workers” across board viz-a-viz integrity, loyalty and overall impact of delivery of services.

G.To examine the principles which should govern the structure of pension, death-cum-retirement gratuity, family pension and other terminal or recurring benefits having financial implications to the present and former Central Government employees appointed before January 1, 2004.

H. To re-examine the applicability of the New Pension Scheme to all Categories of Central Government Employees.

I. To make recommendations with respect to the general principles, financial parameters and conditions which should govern payment of bonus and the desirability and feasibility of introducing Productivity Linked Incentive Scheme in place of the existing ad hoc bonus scheme in various Departments and to recommend specific formulae for determining the productivity index and other related parameters.

J. To examine the feasibility of extending the scheme for payment of Productivity Linked Bonus, Night Duty Allowance, Over-time (where ever applicable) and such other allowances to all categories of employees including Group “A” Organised Services.

K. To examine desirability and the need to sanction any interim relief/merge DA with Pay till the time the recommendations of the Commission are made and accepted by the Government.

L. To evaluate the existing system of Joint Consultation & Complusory Arbitration (JCM Scheme) with reference to ‘Directive Principles of State Policy’ under Article 43A of the ‘Constitution of India’ on ‘Participation of workers in management of industries’ for promoting harmonious relations and securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and increasing the efficiency of the public service

Further, it is requested to achieve a reasonable, balanced and implementable report, while taking into consideration the various constraints at present and the past experience in implementation of the 6th CPC report and the various anomalies which cropped up therein, it is suggested that one representative each from the top 5 Central Trade Unions should be made a member of the 7th CPC and It is also demanded that the report of the 7th CPC be finalised and submitted on or before 01-06-2015 so that it can be further examined and finally implemented w.e.f. 01-01-2016.

Thanking you.
Sincerely yours

sd/-
(M. P. SINGH)
General Secretary
Source: http://bpms.org.in/documents/7th-cpc-qw4z.pdf

Frequently Asked Questions (FAQs) on Family Pension by Pensioner Portal

Frequently Asked Questions (FAQs) on Family Pension by Pensioner Portal

Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
Last updated/Reviewed: 04.11.2013

FAMILY PENSION

    E.12 Who is to authorize payment of family pension and death gratuity when a Govt. servant dies while on deputation ?

In the case of a Govt. servant who dies while on deputation to another Central Govt. Deptt., action to authorize family pension and death gratuity in accordance with the provisions of chapter IX of the pension Rules shall be taken by his Head of Office of the borrowing department.

In the case of a Govt. servant who dies while on deputation to a State Govt. or while on Foreign Service, action to authorize the payments of family pension and death gratuity in accordance with the provisions of Chapter IX of the pension Rules shall be taken by the Head of Office or the cadre authority which sanctioned the deputation of the Govt. servant to the State Govt. or to his Foreign Service.


    E.13 When should a family member become eligible for the grant of family pension to get the family pension?

Normally, the amount of family pension is sanctioned and authorized at the same time as pension and indicated in the Pension Payment Order and is to be drawn after the death of the pensioner. In case of Govt. servant dying while in service, the widow or widower has to make a claim in Form 14 to the Head of Office who will sanction and authorize the family pension through its Pay & Accounts Officer. Where the deceased Govt. servant is survived only by a child or children, the guardian (in case of minor and/or mentally disabled child/children) or such child or children may submit a claim in Form 14, along with all relevant information/certificates, to the Head of Office for sanction and authorization of family pension.

In the case of death of a pensioner, the deceased pensioner's wife or a disabled child or dependent parents or a disabled sibling should apply in Form No. 14 along with a copy of the death certificate of the deceased pensioner to the Pension Disbursing Authority. Where the pensioner and spouse held a joint account, Form 14 is not required and the spouse may inform the Bank of death of the pensioner by way of a simple letter enclosing a copy of death certificate. The paying bank will identify the spouse based on the information given in the PPO and its own “Know Your Customer” procedures. In other cases, i.e., where the pension is not being credited to the joint bank account of the pensioner and his/her spouse, Family is still required however the condition of attestation of Form 14 has been done away with and giving witness of two persons has been considered as sufficient.

The other children will apply to the Head of Office for sanction of family pension.

    E.14 Up to which period family pension is payable?

Family pension is payable to one member of the family at a time in the order and for the period as under:

a) In the case of a widow or widower, up to the date of death or remarriage, whichever is earlier. Family Pension shall continue to be payable to a childless widow after her re-marriage if her income from all other sources is less than the amount of minimum family pension and the dearness relief thereon.

b) When widow or widower becomes ineligible, children below 25 years of age in the order of their age, up to 25 years of age or till they get married or till they start earning more than the amount of minimum family pension along with dearness allowance thereon.

c) After (a) & (b) above; for the lifetime to any son/daughter who is suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled and who is unable to earn a living.

d) If no spouse/children below 25 years of age/disabled children above 25 years of age are eligible for family pension, it may be granted to unmarried/widowed/divorced daughters above the age of 25 years in the order of seniority of their age.

e) Thereafter, family pension may be paid to the parents who were wholly dependent on the Govt. servant when he/she was alive.

f) Disabled siblings (i.e. brother and sister) who were dependent on the Government servant immediately before the death of the Government Servant, for life.

    E.15 Is family pension payable to more than one person at a time?

Normally, the family pension is payable to one eligible member at a time. However, in certain specific cases, the family pension is divided among eligible members of the family. The family pension will be paid in equal shares where the deceased Govt. servant or pensioner is survived by –

a) More than one widow (except in the case of Hindu widow or where polygamy/polyandry is not allowed).

b) A widow and an eligible child through another widow which she would have received had she been alive.

c) A widow and an eligible child from a divorced/illegally wedded wife; the child will be entitled to the share of family pension which the mother would have received had she not been divorced/ had she been legally wedded.

d) Twin, triplet or quadruplet children

In all the above cases, on the death of one recipient, his/her share of the family pension shall become payable to other member(s) of family who was/were sharing family pension with him/her.

    E.16 How is the family pension payable to twin children?

As in reply to Q. No. E.16

    E.17 Is family pension payable to a spouse judicially separated?

Family pension is payable to a spouse judicially separated provided there is no child who is eligible for family pension. But it is not payable to a spouse judicially separated on the ground of adultery and who had been held guilty of committing adultery.

    E.18 Whether family pension may be sanctioned to a disabled child/dependent parent/disabled sibling during lifetime of a pensioner who has no wife or any other children.


Yes, family pension in certain cases may be sanctioned to a disabled child/dependent parents/disabled siblings. For further details, please refer to this department OM No. 1/27/2011-P&PW(E), dated 1st July, 2013, available at the website under the Circulars on Family Pension.

    E.19 Is the family pension admissible to parents; widowed/divorced/unmarried daughters?

As in reply to Q.E.14

    E.20 What is enhanced family pension and for what period it is payable?

Ordinarily, family pension is paid @ 30% of the pay last drawn by the Government at the time of his retirement/death. However, in the following three cases, family pension is payable at the enhanced rate of 50% of the last pay drawn:

a) From 1.1.2006, where a person not governed by the Workmen’s Compensation Act dies while in service after rendering not less than seven years continuous service, the rate of family pension shall be equal to 50% of last pay drawn from the date of death of deceased Government Servant, payable for a period of ten years provided that the deceased employee had completed seven years of continuous service.

b) In case a Government servant had died while in service after 1.1.1999 and before 1.1.2006 and his/her family was being granted family pension at enhanced rates, i.e., period of 7 years of enhanced rate had not been completed on 1.1.2006, the family pension will be allowed to be paid till the completion of the period of 10 years from the date of date of the Government servant.

c) In the event of death of Government Servant after retirement, the enhanced family pension shall be payable for a period of seven years or for a period up to the date the deceased would have attained the age of 67 years, whichever is earlier. In no case the amount of family pension exceed the pension authorised on retirement from Government.

After the lapse of the period of 10 or 7 years, as the case may be, the family pension is payable at the ordinary rate.

    E.21 Is family pension available to a spouse after remarriage ?

Family pension has now been made available even after remarriage to childless widow of the deceased employee subject to her earnings not exceeding the prescribed minimum family pension with DR. Family pension is not available to a childless widower after his remarriage.

    E.22 Whether the period of 10 years for payment of enhanced family pension would also apply in the case of a Government servant who died before 1.1.2006 and in respect of whom the family was receiving enhanced family pension as on 1.1.2006 ?.

Yes. The period of 10 years for payment of enhanced family pension will count from the date of death of the Government servant. These orders will, however, not apply in a case where the period of 7 years for payment of enhanced family pension has already completed as on 1.1.2006.

Source: http://karnmk.blogspot.in

Frequently Asked Questions (FAQs) on Pension Policy by Pensioner Portal

Frequently Asked Questions (FAQs) on Pension Policy by Pensioner Portal

Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
Last updated/Reviewed: 04.11.2013
PENSION POLICY

A.1 Which rules govern Civil Pension?

Central Civil Services (Pension) Rules,1972.

    A.2 What is the formula for pension revision for pre-2006 pensioner/family pensioner?

In terms of para 4.1 of OM No.38/37/08-P&PW(A) dated 1.9.2008, the pension/family pension will be consolidated w.e.f. 1.1.2006 by adding together (i) The existing pension/family pension,(ii) Dearness Pension, where applicable, (iii)Dearness Relief @24% of basic Pension/Basic Family Pension plus dearness pension as admissible vide OM No.42/2/2006- P&PW(G) dated 5.4.2006 and (iv) Fitment weightage @40% of the existing pension/family pension. Where the existing pension at (i) includes the effect of merger of 50% of DR w.e.f. 1.4.2004, the existing pension for the purpose of fitment weightage will be re-calculated after excluding the merged DR of 50% from the pension. The amount so arrived at will be regarded as consolidated pension/family pension w.e.f. 1.1.2006. The fixation of pension will be subject to the provision that the revised pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the Govt. servant retired.


    A.3 Whether all pre-2006 pensioners/family pensioners would get benefit under Department of Pension and Pensioners' Welfare O.M. NO.38/37/08- P&PW(A) dated 28.1.2013?

In the O.M. dated 28.1.2013, the minimum pension of pre-2006 retirees in the respective pre-1996/pre-2006 pay scale has been revised with effect from 24.9.2012. This minimum pension shall be applicable in case retirement was after qualifying service of thirty-three years. In case qualifying service was less than thirty-three years, the amount of this minimum pension shall be reduced proportionately. There will be no change in the pension of those pre-2006 pensioners whose pension (as revised with effect from 1.1.2006) is already equal to or more than this minimum limit.

In the case of family pensioner also the minimum family pension as mentioned in Col.10 of the Annexure to the OM dated 28.1.2013 shall be payable if the amount of family pension (w.e.f. 01.01.2006) is equal to or more than this minimum family pension, the same family pension shall continue to be paid

    A.4 What happens in case there is no change in pension under OM dated 28.1.2013?

Even where there is no change in pension/family pension as a result of the issue of OM dated 28.1.2013, a revised authority for no change will be issued by the PAOs.

    A.5 Who is to be approached for revision of pension/family pension in terms of O.M. dated 28.1.2013.

For revision of pension in terms of orders dated 28.1.2013, in cases where revision has already been done by PAOs consequent to 6th CPC, the revision may be affected at the level of PAOs. A copy of the revised authority may be sent to Head of Department (HOD)/Drawing & Disbursing Officer (DDO) for record. In cases where no revision has been effected, Head of Offices may follow normal procedure for revision of pension/family pension.

    A.6 What is the amount of minimum and maximum pension after Sixth CPC?

The pension shall not be less than Rs.3500/- and shall not be more than 50% of the highest pay in Government.

    A.7 Is Personal Pension discontinued with effect from 1.1.1996 ?

Yes.

    A.8 When can pension be withheld or withdrawn?

Under Rule 8 of CCS (Pension) Rule, Future good conduct is an implied condition of every grant of pension and its continuance under the CCS (Pension) Rules, 1972. The pension or a part thereof can be withheld or withdrawn in such cases where a pensioner is convicted of a serious crime or found guilty of a serious or a grave act of misconduct/negligence after retirement, or during the period of service, including the service rendered upon re-employment after retirement. Under Rule 9, the President reserves the right of withdrawing pension/gratuity in full or in part or for ordering recovery from pension or gratuity or any pecuniary loss caused to the Govt., if, in any departmental/judicial proceedings, if the pensioner is found guilty of grave misconduct/negligence during the period of service, including service rendered upon re-employment after retirement.

    A.9 From where can we download the pension /nomination Forms ?

All forms are available at the website of Department of Pension & Pensioners Welfare.

    A.10 When can a Government servant apply for voluntary retirement?

Under Rule 48, a Government servant can apply for voluntary retirement after completion of 30 years of qualifying service. Under Rule 48-A, he can apply for VR after completion of qualifying service of 20 years. Under FR 56(k) he can apply for VR an attaining the age of 50 years (for Gr. A & B) and 55 years (in other cases).

    A.11 Whether older pensioners will get higher rate of pension?

Yes, from 1.1.2006, the quantum of pension/family pension available to old pensioners/family pensioners has been increased as follows:- O.M.No. 38/37/08- P&PW(A) dated 2.9.2008 .
Age of pensioner/family pensionerAdditional quantum of pension
From 80 years to less than 85 years20% of revised basic pension/family pension
From 85 years to less than 90 years30% of revised basic pension/family pension
From 90 years to less than 95 years40% of revised basic pension/family pension
From 95 years to less than 100 years50% of revised basic pension/family pension
100 years or more100% of revised basic pension/family pension

     A.12 Is additional pension admissible to old family pensioners?


Yes, the rates related to additional pension as applicable in the case of old pensioners hold good for family pensioners, as well.

    A.13 Whether the provision of adding years in qualifying service for computation of pension is still in force?

The benefit of adding years of qualifying service for computation of pension/related benefits has been withdrawn w.e.f. 01.01.2006.

    A.14 Whether the provision of adding years in qualifying service has been withdrawn for calculating gratuity also?

Yes, w.e.f. 01.01.2006.

    A.15 Whether in the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500/- will apply to the total of all pensions taken together?

It was clarified in Deptt. of Pension & PW’s OM No.38/38/02-P&PW(A) dated 23.4.2003 that in respect of civil and military pension, the floor ceiling taking the two pensions together will not apply and the individual pensions will be governed by respective pension rules. These instructions would continue to apply in the context of revised floor ceiling of Rs.3500/-p.m. Accordingly, the floor ceiling will apply individually in the civil and military pension. In case, a person is in receipt of pension as well as family pension, the floor ceiling of Rs.3500 will apply individually to such pension and family pension.

    A.16 Whether the additional pension/family pension available to old pensioners would be payable from the date of attaining age of 80 years or above or from the first day of the month in which the date of birth falls?

The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years in the month of August, 2008, he will be entitled to additional pension/family pension w.e.f. 1.8.2008. Those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.

    A.17 Whether orders dated 28.1.2013 are applicable in the case of those absorbee pensioners who had received 100% lump sum and are in receipt of one-third restored pension?

It has been clarified in the OM dated 3.4.2013 that the notional full pension of the absorbee pensioners would also be stepped up w.e.f 24.9.2012 in accordance with the instructions contained in the aforesaid OM dated 28.1.2013. No arrear of DR and additional pension on notional full pension would be payable for the period prior to 24.9.2012.

Source: http://karnmk.blogspot.in

Frequently Asked Questions (FAQs) on Pension Procedure & Disbursement by Pensioner Portal

Frequently Asked Questions (FAQs) on Pension Procedure & Disbursement by Pensioner Portal
 Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
Last updated/Reviewed: 04.11.2013
PENSION PROCEDURE
E.1 What is the meaning of the following terms?
(a) Pension Disbursing Authority
(b) Pension Sanctioning Authority
(c) PPO Issuing Authority
(a) Pension Disbursing Authority:Bank Branch/Treasury/Post/PAO Office paying your pension
(b) Pension Sanctioning Authority:The authority who sanctioned your pension before forwarding the case to Accounts.
(c) PPO Issuing Authority:Generally, the Pay & Account Officer is the PPO issuing authority.

E.2 What should a Government servant do to claim his pension?

During service each Govt. servant should satisfy himself that service is being verified and recorded so in the service book and that there are no gaps in this. He should also ensure that nomination for all payments due to him are current and valid.

Eight months prior to the retirement date, a Government servant is required to furnish certain information (e.g. joint photo with spouse, family details, name of the branch of the authorized bank through which he desires to draw his pension etc.) to his Head of Office in the prescribed Form No. 5. The Head of Office is required to undertake the work of preparation of pension papers in Form No. 7 of two years before the date on which a Government servant is due to retire on superannuation. After complying with the requirements of CCS Pension Rules 59 & 60, the Head of Office has to forward to the Pay & Accounts Officer Form 5 and Form 7 duly completed with a covering letter in Form 8 along with service book of the Government servant duly completed up-to-date and any other documents relied upon for the verification of service, not later than six months before the date of retirement of the Government servant.

E.3 Who is to authorize the pension?

On receipt of pension papers from Head of Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the amount of pension and issue the Pension Payment Order (both halves of Pension Payment Order, i.e. disburser’s portion and pensioner’s portion) not later than one month in advance of the date of retirement of the Government servant with forwarding authority letter, duly ink-signed and embossed, to Central Pension Accounting Office (CPAO) who in turn will generate on computer a Special Seal Authority on the basis of details given in the Pension Payment Order and authority letter of the Pay & Accounts Officer and forward both halves of PPO with Special Seal Authority to the Central Pension Processing Centre (CPPC) of the concerned authorized Bank. All records will be maintained in the CPPC and the disbursing branch, will make the payments to the pensioner on authorization of payment of pension by the CPPC. The CPPC however is only the back office for processing pensions, all pension related problems/grievances of the pensioners will continue to be handled by the concerned paying branch as before.

E.4 What is to be done in case the pension has not been fixed correctly?

The Pay & Accounts Officer while issuing the pension authorization will forward one copy of the pension calculation sheet (out of three received by him from the Head of Office) as certified by the Head of Office and countersigned by him (Pay & Accounts Officer) to the pensioner along with the intimation of his having sent the pension payment authority/PPO to the CPAO. In case it is found from the pension calculation sheet that pension has been fixed incorrectly, the matter may be taken-up with the Head of Office. PAO concerned, if necessary, will issue an amendment authority letter to Central Pension Accounting Office for onward transmission to the CPPC to carry out necessary amendments in both halves of PPO.

PENSION DISBURSEMENT

    E.5 Can a pension account be opened in any branch of any bank?

No, a pension account cannot be opened in any branch of any bank. There is a list of public sector and private sector banks in each State in which a pension account may be opened. For latest information about the list please visit the website of Central Pension Accounting Office, www.cpao.nic.in.

    E.6 Is the payment of pension in cash or through a joint account with or without "EITHER or SURVIVOR" facility permitted in the Scheme for Payment of Pension to Central Government Civil Pensioners by Public Sector Banks?

Payment of pension in cash is not permitted in the scheme. However, the pension payment is now permitted to be credited to a joint account operated by the pensioner with his/her spouse (either by ‘Former or Survivor’ or ‘Either or Survivor’ basis) in whose favour an authorization exists in the Pension
Payment Order, subject to certain terms and conditions.

Paying branch may also credit the amount of pension in his or her joint account operated by pensioner with his/her spouse in whose favour an authorization for family pension exists in the Pension Payment Order (PPO). The joint account of the pensioners with the spouse could be operated either by 'Former or Survivor' or 'Either or Survivor' basis subject to the following conditions :-

(a) Once pension has been credited to a pensioner's bank account, the liability of the Government/Bank ceases. No further liability arises, even if the spouse wrongly draws from the account.

(b) As pension is payable only during the life of a pensioner, his/her death shall be intimated to the bank at the earliest and in any case within one month of the demise, so that the bank does not continue crediting monthly pension to the joint account with the spouse, after the death of the pensioner. If however, any amount has been wrongly credited to the joint account, it shall be recoverable from the joint account and/or any other account held by the pensioners/spouse either individually or jointly. The legal heirs, successors, executors etc. shall also be liable to refund any amount, which has been wrongly credited to the joint account.

(c) Payment of Arrears of Pension (Nomination) Rules 1983 would continue to be applicable to a joint account with Pensioner's spouse. This implies that if there is an 'accepted nomination' in accordance with Rules 5 and 6 of these Rules, arrears mentioned in the Rules shall be payable to the nominee.

Existing pensioners desiring to get their pension credited to a joint account as indicated above are required to submit an application to the branch bank, from where they are presently drawing pension in the enclosed form that is i.e. Annexure XXIX. This would also be signed by the pensioner's spouse.

    E.7 Can a pension account be operated by a holder of Power of Attorney ?

The pension account cannot be allowed to be operated by a holder of Power of Attorney except in case of the account of former President of India/Vice President of India or the spouse of the deceased President/Vice President.

    E.8 Can the deduction of Income Tax at source be made from pension payments?

Yes, the paying branch will be responsible for deduction of Income Tax at source from pension payments in accordance with the rates prescribed from time to time. While deducting such tax from pension payments the paying branch will also allow deduction on account of relief available under Income Tax Act from time to time on production of proper and acceptable evidence of eligible savings by pensioners. The paying branch will also issue the pensioner in April each year a certificate of tax deducted in the form prescribed in the Income Tax Rules

    E.9 Can the excess payment, if any, credited to the pensioner’s account be recovered by the bank?

Before commencing payment of pension, the paying branch is required to obtain an undertaking in the prescribed form Annexure-XI of the Scheme from the pensioner. On the strength of this undertaking the excess payment, if any, credited to his/her account can be recovered by the paying branch.

    E.10 What is to be done if a pensioner/family pensioner desires to get his pension payment account transferred?

E.10.1 Application for transfer of pensions may fall under the following two categories;

(i) transfer from one paying branch to another of the same Authorised Bank (AB) within the same station or at a different station;
(ii) transfer from one AB to another AB

E.10.2 The pensioner/family pensioner may make request falling under both the categories above to either of the Branches. The paying branch will forward the request along with the disburser’s part of PPO, where applicable, to its CPPC for necessary action. Before forwarding the disburser’s portion of PPO to the new paying branch/CPPC, it will be ensured that the month upto which the payment has been made is invariably indicated in the disburser’s portion of PPO. The receiving CPPC on receipt of the pension documents will ensure forwarding the PPO to the paying branch if it is for the same AB or to the concerned CPPC if for a different AB within three days and intimate the facts to the pensioner simultaneously. Necessary intimation of effecting such transfer will be sent to CPAO by the new as well as old CPPCs in the form as at Annexure XXI (page-49 Scheme Booklet) as well as the escroll for keeping a note of change in their records.

(b) The new paying branch will commence the pension payment immediately on receipt of letter of the last payment certificate as above. Simultaneously, it will send an intimation to CPPC with full details of the commencement of the pension.

(c) Pension will be paid for three months on the basis of the photocopy of the pensioner’s PPO at transferee (New) branch, from the date of last date of payment made at the transferor (Old) branch. During this time, it will be the joint responsibility of both transferor (old) and transferee (New) bank branches to ensure that all the documents under the procedure, are received by the CPPC within the period of three months.

E.10.4 To avoid the risk of overpayment at the time of transfer, the following certificate is required to be recorded on the Disburser’s portion of PPO by the paying branch of the AB:
Certified that payment of pension has been made up to the month ----------------- and that this PPO consists of ---------------------continuation sheets for recording disbursement."

E.10.5 Except as provided above, the transfer of a pension account from one payment point to another will not ordinarily be permitted.

    E.11 What is the procedure for switchover of pension payment from Pay & Accounts Office or treasury to Public Sector Bank ?

E.11.1 The applications for switch-over to authorised banks by the existing pensioners will be made in the Form as given in Annexure IX of Scheme Booklet in duplicate to the Pension Disbursing Authority.

E.11.2 The pensioners should first draw pension which has already fallen due, before applying for transfer of their pension papers to the Authorised Banks.

E.11.3 Transfer applications in duplicate shall be forwarded immediately by the Pension Disbursing Authority along with the disburser's copy of the PPO halves, duly authenticated and written up-to-date to the CPAO for transmission to CPPC of the AB for arranging payment after keeping necessary note in their records. Action will also be taken by Pension Disbursing Authority to update the entries of payment made in the pensioner’s portion of the PPOs, if not already done, before the transfer application is sent to the CPAO.
E.11.4 If a PPO (disburser's portion) has got torn or mutilated, it will be renewed by the CPAO with the help of PAO, if necessary, before sending it to the CPPC.

Source: http://karnmk.blogspot.in/2013

Frequently Asked Questions (FAQs) on Extra-Ordinary Pension by Pensioner Portal

Frequently Asked Questions (FAQs) on Extra-Ordinary Pension by Pensioner Portal

Frequently Asked Questions (FAQs)
(Central Civil Pensioners)
Last updated/Reviewed: 04.11.2013

EXTRAORDINARY PENSION

F.1 How the percentage of disability computed? To whom it is applicable?

The computing of percentage of disability is applicable only for the Government servants retiring under CCS (EOP) Rules. The extent of disability or functional incapacity is determined in the following manner for purposes of computing the disability element forming part of benefits:-

Percentage of disability assessed by Medical Board.Percentage to be reckoned for computation of disability pension
upto 50%50%
More than 50 and upto 75%75%
More than 75 and upto 100%100%
Provided that the above broad banding shall not be applicable to Government servants who are retained in service.

F.2 Whether the element of disability pension and invalid pension will be combined or treated as separate identity?

The invalid pension is granted under Rule 38 of CCS(Pension) Rules, whereas disability pension is granted under CCS(EOP) Rules. The CCS (COP) Rules provides that if a Government servant is boarded out of service on account of injury attributable to Government service he shall be granted disability pension which includes service element as well as disability element. Invalid pension and disability pension cannot be combined.

F.3 What is the revised quantum of ex-gratia lumpsum compensation to Civilian employees who die in performance of their bonafide official duties?

In modification of Deptt. Of Pension & PW’s OM No.45/55/97-P&PW(C) dated 11.9.1998 the ex-gratia lumpsum compensation to Civilian employees who die in performance of their bonafide official duties has been revised as under :

(a)Death occurring due to accidents in course of Performance of dutiesRs.10.00 lakhs
(b)Death occurring due to accidents in course of Performance of duties attributable to acts of violence by terrorists, anti-social elements, etcRs.10.00 lakhs
(c)Death occurring
(a) enemy action in international war or border skirmishes and
(b) action against militants, terrorists, extremists etc.
Rs.15.00 lakhs
(d)Death occurring while on duty in specified high altitude, inaccessible border posts, etc. on account of natural disasters, extreme weather conditions.Rs.15.00 lakhs

F.4 From which date the Constant Attendant Allowance is payable ?

Constant Attendant Allowance is payable from 1.1.2006 and applicable oly for officials retiring under EOP(Rules)

F.5 Whether the pensioners who retired on disability pension before 1.1.2006 would also be entitled to Constant Attendant Allowance ?

Yes, the pensioners who retired on disability pension before 1.1.2006 and fulfilling the conditions mentioned in para 10.1 of O.M. No. 38/37/08- P&PW(A) dated 2.9.2008 would also be entitled to Constant Attendant Allowance.

F.6 Whether Dearness Relief will be admissible on Constant Attendant Allowance?

No.

Source: http://karnmk.blogspot.in

Clarification on Validity of Application for Compassionate Appointment by DoPT via CPWD

Clarification on Validity of Application for Compassionate Appointment by DoPT via CPWD

CENTRAL PUBLIC WORKS DEPARTMENT
OFFICE MEMORANDUM
No. DG/L&CA/ 2
ISSUED BY THE AUTHORITY OF DIRECTOR GENERAL, CPWD

Nirman Bhawan, New Delhi
Dated the 5th November, 2013

Sub: Compassionate Appointment Scheme: Clarification on Validity of Application for Compassionate Appointment - reg.

A proposal was sent to Department of Personnel & Training for clarification on considering the validity of application for cases of compassionate appointment. It was stated that as per Ministry of Urban Development's OM No. 46030/141/2012-Coord dated 3.10.2012, points are allotted according to the criteria such as, family pension, terminal benefits, monthly income of earning member, movable/immovable property and status of dependents. With the passage of time, the condition of the family, in most instances undergoes change and accordingly the points allotted may also .undergo change. As per the existing system the applicant applies only once for compassionate appointment and accordingly points are allotted with respect.. to his conditions at that time but family condition and points allotted may change with passage of time.

2. In view of the objective of compassionate appointment to provide immediate relief to the dependent family, it was felt that clarification may be sought from DOPT in this regard.

3. The Department of Personnel & Training, vide its Dy. No. 78594/13/CR dated 20.9.2013 has clarified that there is no proposal to set any time limit for considering the cases of compassionate appointment. This issue has been set to rest in DoPT's OM No. 14014/3/ 2011-Estt. (D) dated 26.7.2012. The compassionate appointments are -to be considered based on the economic conditions of the family on the date of considering of the case. If the instructions of the DoPT on compassionate appointment as laid down in its OM dated 16.1.2013 and FAQs thereon dated 30.5.2013 available on the website of DoPT are followed scrupulously then such situation would not arise.

4. As per above clarification, it is stated that after each Compassionate Appointment Board (CAB) meeting the applicant is required to be intimated regarding outcome of CAB meeting and made aware that his application may be reconsidered, if required by the applicant, on filing the fresh limited affidavit regarding economic condition/change in economic condition as on date. of filing limited affidavit for consideration in next CAB meeting.

5. This issues with the approval of Director General, CPWD.
sd/-
(Pushpa George)
Deputy Director (Admn.)
Source: www.cpwd.nic.in [8519.pdf]

AIRF warns of all India stir on Dec 21, 22

AIRF warns of all India stir on Dec 21, 22
The All India Railwaymen’s Federation (AIRF) has kept its strike option open and railway employees all over the country will go on a strike on December 21 and 22, if no positive action is taken by the government on the pending demands by then, according to AIRF general secretary Shiv Gopal Mishra.

He was here to participate in the inaugural of the fourth biennial general body meeting of the East Coast Railway Shramik Union (ECoRSU) which began here on Tuesday.

Addressing a media conference on the occasion, Mr. Mishra recalled that the 88th annual conference of AIRF held in Visakhapatnam last year had passed resolutions on 38 demands of which only seven could be achieved. He said that the announcement of the 7th Central Pay Commission and cadre restructuring were achieved after they were resolved at the historic annual convention in the city last year. However, an announcement on these issues was made by the Railway Ministry only after AIRF General Council decided on September 13, this year, to go on a strike.

He said that the decision on cadre restructuring would benefit over 5 lakh railway employees. Orders were also issued on payment of one increment in some categories like running staff, while promoting in same grade pay.

Mr. Mishra said that a large number of demands still remained unresolved and the AIRF has no other option but to go on a strike. These include: removal of the anomalies of the 6th Pay Commission, abolition of the New Pension Scheme, reduction of duty hours and improvement in the living and working conditions.

ECoRSU general secretary Ch. Gandhi said that the 4th zonal convention being held in the city would discuss the issues to be taken up at the 89th Annual Conference of AIRF to be held in Patna from November 22 to 24.

UPA draws flak
The indifference of the UPA Government and the Ministry of Railways towards the long-pending grievances of railway employees came in for severe criticism at the inaugural of the 4th biennial general body meeting of the East Coast Railway Shramik Union (ECoRSU) here on Tuesday.

General secretary of the All India Railwaymen’s Federation (AIRF) Shiv Gopal Mishra, who participated as chief guest, lambasted the government and the Railway Ministry for their ‘anti-labour’ policies and non-responsive attitude in solving the long-pending demands of railwaymen. He said that the AIRF would not tolerate any further delay and was ready for direct action.

Earlier, the union members and delegates took out a rally.

Source: http://www.thehindu.com

Employee can't escape recovery of excess payments: SC

Employee can't escape recovery of excess payments: SC

New Delhi, Nov 2 (IANS): The Supreme Court has said that even after retirement from service, an employee can't escape the recovery of the excess amount that is credited due to an error in salary calculations.

Rejecting the submission that no amount should be recovered from the excess salary paid to employees, the apex court bench of Justice Anil R. Dave and Justice Dipak Misra said, "...if any amount had been paid due to mistake, the mistake must be rectified and the amount so paid in pursuance of the mistake must be recovered".

"It might also happen that the employer might have to pay some amount to the respondent as a result of some mistake and in such an event, even the appellant (employer) might have to pay to the respondent (employee)," said Justice Dave in the judgment pronounced Friday.

"Be that as it may, upon settlement of the account, whatever amount has to be paid to the respondent employee or to the appellant employer shall be paid and the account shall be adjusted accordingly", the court said setting aside a Punjab and Haryana High Court order.

The apex court said this while allowing an appeal by Chandigarh administration challenging the March 20, 2008 decision of Punjab and Haryana High Court by which it had allowed the plea of Gurcharan Singh against the recovery of excess of money that was paid to him due to erroneous fixation of his salary by the Chandigarh Transport Undertaking where he had worked as a clerk.

Gurcharan Singh had moved the High Court after his plea against the recovery of excess money was junked by the Central Administrative Tribunal Jan 4,2002.

Singh, who had served as Combatant Clerk, was discharged from the army Jan 31,1990. He got employed with Chandigarh Transport Undertaking April 15, 1990 against ex-servicemen quota.

Two years later, he got his pay that was fixed by an order of Sep 2,1992. Upon his retirement, it emerged during an audit that his pay was wrongly fixed by the communication of Sep 2.

On retrospective re-fixation of his salary, it emerged that he was paid excess payment and same were sought to be recovered.

Source: http://www.daijiworld.com/news/news_disp.asp?n_id=199032

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