GRANT OF FAMILY PENSION UNDER THE EMPLOYEES PENSION SCHEME, 1995 AND THE FAMILY PENSION SCHEME, 1971 IN ADDITIONTO FAMILY PENSION UNDER RULE 54 OF THE CCS (PENSION) RULES 1972.The Rule54 of the C.C.S. (Pension) Rules 1972 permits only one family pension to the widows of the re-employed ex-servicemen. This is done by taking an option either to accept Military family pension or her husband’s Civil service family pension.
Following a large number of representations on the subject, the Government had finally issued a notification No.1/19/96-P&PW(E) dated the 27th July 2001, published in the Gazette of India (Extraordinary) dated the 27th July 2001, by which sub-rule (13-B) of Rule 54 of the C.C.S. (Pension) Rules, 1972 was amended by insertion of the following proviso after the first proviso:-
“Provided further that family pension, admissible under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971 shall however, be allowed in addition to the family pension admissible under these rules”.
The said amendment has come into force from the date of publication of the said notification i.e. 27th July, 2001.
This Office Memorandum clearly states that the widows of the re-employed ex-servicemen pensioners can draw two family pensions w.e.f. 27.7.2001. (One pension from the Defence and the other family pension from the re-employed department)
This amendment to the family pension rules has come into force w.e.f. 27.7.2001. Still so many applications from the re-employed ex-servicemen pensioners for endorsement of family pension are returned for obtaining a ‘non-sanction of family pension certificate from the re-employer’.
Indian Army, Navy and the Air Force are the first employers of these young men and shunted them out at the prime age without caring for the rehabilitation. The denial of 2nd family pension to the widows of the re-employed ex-servicemen is an injustice. After a large number of representations, the government finally agreed to grant this 2nd family pension.
Since the Government order is linking many pension rules, some of the re-employers such as the State Bank of India, still refusing to grant SBI Family Pension to the widows of a number of ex-servicemen re-employed in SBI as Security Guards and Clerical cadre. (A reply letter, denying the 2nd Family Pension from SBI is enclosed)
It is the Record Offices of the Army, Navy and the Air Force should safe guard the interest of the ex-servicemen by writing a letter to all the Department/Banks /PSUs /Autonomous bodies stating the Government order that the widows are eligible for both the family pension.
A copy of the O.M. dated 19.7.2002 is included in this letter for your ready reference.
Kindly go through the OM and relevant rules and issue a letter to all concerned stating that there is no restriction on the family of the deceased ex-servicemen employee from receiving family pension from Defence even if the family is in receipt of family pension other sources. I am inserting a reply letter received from Canara Bank on the subject for your perusal.
A suitable reply from your office will help a large number of widows to get their 2nd family pension which they have been denied so far.
SBI DENIES 2ND FAMILY PENSION TO THE WIDOWSRE-EMPLOYED EX-SERVICEMEN EMPLOYEES.In a reply, to a letter written by a retired ex-servicemen employee of the SBI, regarding 2nd Family Pension, the Asst. General Manager (PPG) of SBI LHO Chennai had given as follows:-
State Bank of India,
PPG Department, Local Head Office,
“CIRCLETOP HOUSE”
16, College Lane, Chennai – 600 006.
Phone: 044-28214771 .
Sri U. Ramasamy,
16 Perumal Sannathi Street,
Alwarkurichi, PIN 627412.
Ref.No.PPG1129 Date:03.01.2009.
Dear Sir,
SBI FAMILY PENSIONWe refer to your letter enclosing a copy of the letter from Air Force Record Office New Delhi for endorsement of Family Pension from Defence authorities.
2. In this connection we advise that you are governed under State Bank of India Employees’ Pension Rules. As per the extant provisions of Central Civil Services (Pension) rules, family pension admissible shall not be granted to a person who is already in receipt of family pension or is eligible for pension under any other rules of Central Government or State Government and /or Public Sector under taking / Autonomous Body /Local Fund under the Central Government or a State Government. The Rules quoted in the letter RO/3201/4/264859/P&W (EPF)(CF) from Air Force Record Office, New Delhi will have no applicability to a family of the re-employed ex-servicemen in our Bank who is governed by SBI Employees Pension Fund Rules.
3. In view of the above rules you have the option to receive either Defence Family Pension or SBI Family Pension. You are eligible for Family Pension from any one organization i.e., either from Defence or from State Bank of India.
4. This is for your information and wishing your very Happy New Year.
Yours faithfully,
Sd.
Assistant General Manager (PPG)
Read the Dept. of Pen. & P.W. O.M.No.4/10/2006-P&PW(D) dated 14.5.2007 order in this regard:
Grant of Family Pension under the Employees’ Pension Scheme, 1995and family Pension Scheme, 1971 in addition to Family Pension under Rule 54 of the CCS (Pension) Rules, 1971.The undersigned is directed to invite the attention of the Ministry of Agriculture & Co-operation, etc., to this Department’s Notification No.1/19/96-P&PE(E), dated the 27th July, 2001 published in the Gazette of India (Extraordinary), dated the 27th July, 2001 by which sub-rule (13-B) of Rule 54 of the Central Civil Services (Pension) Rules, 1972 was amended by insertion of the following provisio after the first proviso:-
“Provided further that family pension admissible under the Employees’ Pension Scheme, 1995 and the Family Pension Scheme, 1971, shall however, be allowed in addition to the family pension admissible under these rules”.
2. The said amendment has come into force from the date of publication of the said Notification, i.e. the 27th July, 2001. Prior to coming into force of the amended provision on 27.7.2001, the family pension was admissible from only one source. On seeking clarifications by some Ministries/Departments regarding the effective dates of applicability of amended provision in respect of pensioners who retired/expired before or after 27.7.2001, a clarificatory O.M. of even number, dated 19.7.2002 (should be 10.7.2002) was issued to all Ministries/Departments indicating the date from which the various categories of re-employed pensioners would have benefit of two family pensions.
3. Some Ministries have sought clarification whether the instructions contained in OM of even number, dated 19.7.2002 are also applicable in the case of Central Government pensioners who got permanently absorbed in PSUs/Autonomous Bodies.
4. The matter has been examined in this Department in consultation with the Ministry of Finance (Department of Expenditure) and CAG. It is clarified that the instructions contained in this Departments OM of even number, dated 19.7.2002 are also applicable to the Central Government pensioners who got permanently absorbed in the PSU/Autonomous Body and were compulsorily governed by FPS, 1971/EPS, 1995.
5. The other conditions with regard to dates of applicability mentioned in O.M. No.1/19/96-P&PW(E), dated 19.7.2002 will remain unchanged.
Comment: The SBI had denied 2nd family pension even after the issue of the above Govt. orders and clarification in this regard. Readers may suggest for further action.
CANARA BANK ISSUES NOC FOR PAYMENT OF FAMILY PENSION TO THE WIDOWS OF RE-EMPLOYEDEX-SERVICEMEN.In a reply to a letter written by a retired Canara Bank officer (ex-serviceman) to the Personnel Manager, Canara Bank, regarding 2nd Family Pension, the Bank had given the reply as follows:-
___________________________________________________________________
REF: CBEPF/mil.pen/2009 DATE: 15-05-2009
To
This is to certify that Sri V.Murugan (24594), Ex-Officer, is our pensioner, and pension is paid in terms of Canara Bank Employees’ Pension Regulations, 1995. The Scheme is managed by a Pension Trust approved by the Income Tax authorities and Pensionery benefits are paid from a separate Income Tax approved Fund created for the purpose.
Under the Canara Bank Employees’ Pension Regulations, 1995 there is no prohibition on the family of the deceased ex-serviceman employee from receiving family pension from the bank even if the family is in receipt of family pension from other sources.Bangalore Sd
15-05-2009 K.Vanamuthan
Manager.
To
Sri V.Murugan,
Ex-Officer.
Employees’ Pension Fund Email: hopenfund@canbank.co.in
Personnel Wing Phone: 080-25323801
Naveen complex EPABX-080-25584040
14 MG Road
Bangalore 560001. EXTN:223/265
Comment: A well written reply by the Manager, Personnel Wing of the Canara Bank, Bangalore. It clears all doubts and now all the widows of ex-servicemen who were re-employed in Canara Bank can apply for the family pension in addition to the defence family pension, if they are otherwise eligible.This may also be noted that, the same will be applicable to other public sector banks also.
However, the State Bank of India gives a different reply. The reply received from PPG department SBI, LHO Chennai on the subject will be published tomorrow.
No. 1/19/96-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances, and Pensions
Department of Pension and Pensioner’s Welfare
3rd Floor, Lok Nayak Bhavan
Khan Market, New Delhi – 110003
Dated 19th July, 2002
OFFICE MEMORANDUM
Subject: Grant of Family Pension under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971 in addition to Family Pension under Rule 54 of the CCS (Pension) Rules, 1972.
The undersigned is directed to refer to this Department’s Notification No. 1/19/96-P&PW (E), dated the 27th July, 2001 published in the Gazette of India (Extraordinary) dated the 27th July, 2001, by which sub-rule (13-B) of Rule 54 of the Central Civil Services (Pension) Rules, 1972 was amended by insertion of the following proviso after the first proviso;
“Provided further that family pension, admissible under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971, shall however, be allowed in addition to the family pension admissible under these rules.”
2. The said amendment has come into force from the date of publication of the said notification i.e., the 27th July, 2001. Clarification has, however, been sought by some Ministries/ Departments as to (i) whether the said Notification is applicable only in respect of those persons who retired on or after 27.7.2001; (ii) whether the Notification would also apply in cases of family pensions which arose prior to 27.7.2001, i.e. where retirement/ death of a re-employed pensioner occurred before 27.7.2001; and (iii) in the event of the benefit being admissible in cases where retirement/ death of a re-employed pensioner occurred before 27.7.2001, whether the benefit is to be given w.e.f. 27.7.2001 only, i.e., the date from which the said Notification came into force.
3. It is clarified that the benefit of family pension under Family Pension Scheme, 1971 Employees Pension Scheme, 1995, in addition to the Family Pension under Rule 54 of the Central Civil Services (Pension) Rules, 1972, will be admissible in those cases also where retirement/ death of a re-employed Pensioner, who was covered by the Family Pension Scheme, 1971 or the Employees Pension Scheme, 1995, took place prior to 27.7.2001, besides covering those cases where retirement/ death of such a re-employed pensioner took place on or after 27.7.2001. The benefit of second family pension in cases of retirement/ death prior to 27.7.2001 of the re-employed pensioner covered by the Family Pension Scheme, 1971 or Employees Pension Scheme, 1995, will, however, be admissible only w.e.f. 27.7.2001, i.e., the date from which the said Notification came into force.
Sd/-
(Sujit Datta)
Director
To
All Ministries/ Departments of the Government of India
Note: This representation has been sent to all concerned for issue of necessary instructions in this regard. Affected family pensioners & re-employed ex-servicemen pensioners are requested to approach for sanction of 2nd family pension. We request the IESM Chairman to take up the matter with MOD & Integrated HQ Army, Navy & Air Force.
