GRANT OF 2ND FAMILY PENSION TO THE WIDOWS OF RE-EMPLOYED EX-SERVICEMEN

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 WIDOWS
RE-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 PENSION

We 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-EMPLOYED
EX-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.

SBI DENIES 2ND FAMILY PENSION

SBI DENIES 2^ND FAMILY PENSION TO THE WIDOWS

RE-EMPLOYED EX-SERVICEMEN EMPLOYEES.

In a reply, to a letter written by a retired ex-servicemen employee of the SBI, regarding 2^nd 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 PENSION

We 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 27^th July, 2001 published in the Gazette of India (Extraordinary), dated the 27^th 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 27^th 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 2^nd family pension even after the issue of the above Govt. orders and clarification in this regard. Readers may suggest for further action. SBI's reply is vogue. They should refer the latest relevant Govt. orders before giving reply to a retired SBI Employee. Will they clarify now?

Courtesy: Swamy's News July 2007 & Pensioners' Advocate July 2007.

2nd FAMILY PENSION FOR THE WIDOWS OF RE-EMPLOYED EX-SERVICEMEN IN CANARA BANK

CANARA BANK ISSUES NOC FOR PAYMENT OF
2nd FAMILY PENSION TO THE WIDOWS OF RE-EMPLOYED
EX-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

Whomsoever Concerned

This is to certify that Sri V.Murugan (24594), Ex-Officer, isour 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.

CAUSE OF DEATH IS THE SAME, BUT THE PENSION IS DIFFERENT

CAUSE OF DEATH IS THE SAME, BUT
THE PENSION SANCTIONED ARE DIFFERENT
A DISCRIMINATION DUE TO DATE OF DEATH.

LIBERALISED FAMILYPENSION (LFP)

In case of death of an Armed Forces Personnel under the circumstances attributed by service, the eligible member of the family shall be entitled to Liberalised Family Pension equal to reckonable emoluments last drawn, both for officers and PBOR. Liberalised Family Pension at this rate shall be admissible to the widow in the case of officer and to the nominated heir in the case of PBOR until death or disqualification.

If the Armed Forces Personnel is not survived by widow but is survived by child/children only, all children together shall be eligible for Liberalised Family Pension at the rate equal to 60% reckonable emoluments. Liberalised family pension shall be payable to the child/children for the period during which they would have been eligible as in the case of Special Family Pension. The Liberalised Family Pension shall be paid to the senior most eligible child at a time. On his/her death/disqualification it will pass on to next eligible child.

Families of SSCOs and ECOs who die under circumstances attributed by service, shall also be entitled to Liberalised Family Pension.

The death due to Category ‘D’ and ‘E’ for which the Liberalised family pension is paid are very common nowadays. But the widows of Sepoys who died prior to 01.01.06 are paid Liberalised Family Pension of Rs.7006/ whereas the widows of the Sepoys who died after 01.01.06 are paid Liberalised Family Pension of Rs.10,600/-.(As per the latest MOD letters stated below)

The MOD letter No.16(6)/2008(1)/D (Pension/Policy) dated 4th May 2009 for pre 01.01.06 pensioners and letter No.16(6)/2008(2)/D (Pension/Policy) dated 4th May 2009 for post 01.01.2006 recommends different rates of Liberalised Family Pensionary benefits for the same cause of death attributed by service.

This is a great injustice. Two Sepoys die for the same cause (Protecting the mother land) one widow is paid higher pension and the other is paid less pension just because one Sepoy died one day before 01.01.2006. This is against the spirit of the Supreme Court Judgment & natural justice. Will the MOD deliver justice to these widows ?

ANOMALY IN THE RATIONALIZATION OF CASUALTY AWARDS

ANOMALY IN THE RATIONALIZATION OF CASUALTY AWARDS

The fundamental principle of fixing the casualty awards at the rate of 60% of the minimum of the scales of pay for all the pensioners irrespective of date of retirement has been silently shifted away in the recent order on the subject dated 4^th May 2009. This is a great injustice to the families of the men who laid down their lives for the country.

The bureaucracy is playing havoc with the life of these poor widows who have lost their bread winners for the sake of the motherland. Probably they are testing our inability to negotiate on the issue with anyone in the MOD.

The MOD vide their letter No.PC1(2)/97/D(Pen/C) dated 16/05/2001 fixed the Special Family Pension in the 5^th CPC as follows:-

Para 2 Special Family Pension

2. In case of pensioners in receipt of SFP as on 01.01.1996, their pension will be consolidated in terms of this Ministry’s letter No.1(2)/97/D (Pen/Services) dt.24 Nov 1997 in the first instance. The special family pension, so consolidated irrespective of the date of award, shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f. 01.01.96 of the rank, rank & group (in case of PBOR) held by the deceased personnel at the time of death, subject to a minimum of Rs.2550/- per month.

While issuing the orders for revising the same SFP for the 6^th CPC, the contents of the order No.16(6)/2008(1)/D(Pension/Policy) MOD dt.04/05/09 have been truncated as follows:-

Para 4

Special/Liberalized Family Pension/Dependent Pension (Special)/Dependent Pension (Liberalized)

4.1 Families in receipt of SFP, Liberalized Family Pension, Dependent Pension (Special), Dependent Pension (Liberalized)/2^nd life award (in respect of PBOR including NCs(E), shall draw revised family pension w.e.f. 01.01.2006 in terms of Para 4.1 of this ministry’s letter dt.11.11.08.

4.2 The amount of revised consolidated SFP, granted to the families of Armed Personnel under the circumstances prescribed under the category ‘B’ & ‘C’ of Para 4.1 of this ministry’s letter dt.31.1.2001 will be subject to a minimum of Rs.7000/- per month.

The clause “ the Special Family Pension so consolidated irrespective of the date of award shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f. 01.01.1996 of the rank, rank & group (in case of PBOR) held by the deceased personnel at the time of death”, which was included in the revision for the 5^th CPC order in now missing in the 6^th CPC orders.

The missing of this clause is a great anomaly in the rationalization of casualty pensionary awards. Because of the non-inclusion of the 60% clause for the SFP, the pensioners are losing a sizeable amount from their monthly pension.

This order should not be implemented till this anomaly is removed. The IESL, IESM and the AFA should join together and meet the Director (Pension/Policy) Mr.Harbans Singh immediately to remove anomaly.

The Secretary of RDOA while referring the anomaly on Disability pension to the MOD regarding the non-shifting of disability pension rates from slab rates to percentage rates had missed this glaring anomaly of shifting away from the 60% of the pay while rationalizing the casualty awards.

Rationalization of casualty awards - order dt.04.05.2009

PLIGHT OF RE-EMPLOYED EX-SERVICEMEN'S WIDOWS

PLIGHT OF THE RE-EMPLOYED EX-SERVICEMENS' WIDOWS

IN GETTING THE BENEFICIAL PENSION.

The truncated service in the Armed forces compels the ex-servicemen to seek re-employment. The re-employed ex-servicemen after retirement from the re-employed post are given minimum pro-rata pension, in addition to the minimum defence pension. Both these minimum pensions put together will not come equal to the full pension (33 years) being drawn by others who are fortunate to complete full service in one organization.

Moreover, these ex-servicemen are not given any weightage of military service/seniority in the re-employed post. They are appointed in the minimum scale and retire with minimum pension. Even though there are instructions to count the military service for seniority, promotion etc., in the re-employed post, but these ex-servicemen are not given any such privileges in the re-employed service. Whereas the families of these re-employed ex-servicemen are not allowed to draw both the family pensions. They are allowed to draw only one family pension after the demise of the ex-serviceman.

In the circumstances, there is no justification in denying the second family pension. Also there are many public sector undertakings and banks that are having their own pension fund, also denying this family pension to the widows of these ex-servicemen.

For example, a large number of ex-servicemen were employed in the public sector banks during the period 1981 to 1991, now most of them have retired and some of them have died. The widows of these re-employed ex-servicemen are not given the bank’s family pension even though the banks have their own contributory pension scheme.

The State Bank of India, a premier institution, having sufficient funds to meet the pension commitment to its pensioners, is also denying the family pension to these widows. Although, the SBI’s pension scheme is different from the CCS pension rules, but when question of paying the family pension arises to a widow of a re-employed ex-serviceman, the banks deny by stating the CCS pension rules.

The plight of SBI pensioners is worst. When the mighty trade unions fight for the revision of salary and allowances for the working employees in the past, but they failed to negotiate for the revision of the SBI Pension and family pension. The recent revision in the SBI family pension has not improved the situation.

Now there are some widows who are eligible to get higher rate of Defence family pension as per the 6^th CPC, as compared to the SBI’s family pension, are denied the defence family pension because of the option given by their husbands for the bank’s pension earlier, which is now lower than the defence family pension.