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.

REVISION OF DISABILITY PENSION

REVISION OF DISABILITY PENSION

A CONFUSION & CONFRONTATION

MOD letter dated 11.11.08 sanctioned an interim disability pension of Rs.3500 for 100% disability (for pre 1.1.06 pensioners) and the Banks have made some payments as an interim measure.

Now the MOD had issued another letter (MOD letter 16(6)/2008(1)/D(Pension/Policy) dated 4^th May, 2009) finalizing the amount of Disability pension on slab rate to pre 1.1.06 pensioners as follows:-

Para 2.2. Disability element of Disability /Liberalised Disability Pension

The revised rates of disability element for 100% disability on account of invalidment/retirement/discharge are given below. Where the disability of a pensioner is less than 100% the amount shall be proportionally reduced as per the degree of disability accepted and for the period notified in the PPO.

i) Commissioned Officers & Hon. Com. Officers of the three

services, MNS, TA and DSC -- -- -- -- Rs.5,880/-

ii) JCOs and equivalent ranks of the three services

TA and DSC -- -- -- -- -- -- Rs.4,300/-

iii)Other ranks of the three services, TA & DSC -- -- Rs.3,510/-

The banks will not be in a position to calculate the correct amount of Disability Pension arrears payable to the eligible pensioners because of the method adopted initially based on Annexure I, to MOD letter dt.11.11.08.

Therefore every affected pensioner should calculate themselves by working out the Paid and Payable particulars from 1.1.06 to 31.5.09 and submit a detailed claim with the bank.

A model calculation for the Rank of a Sepoy with 20% disability is given. Please take a print out and compare with your payment and submit a claim. It may be noted that the sepoys with minimum pension with 20% disability are the worst affected by the method adopted by the banks for calculating the arrears. Let us try to convince the banks.

Model arrears calculation sheet for Sepoy with 20% Disability - Click

WORKING SHEET FOR CALCULATION OF MIN. SPECIAL FAMILY PENSION

ARREARS OF MINIMUM SPECIAL FAMILY PENSION

PAYABLE TO THE WIDOWS OF SEP, NAIK & HAVILDARS.

As per MOD letter No.16(6)/2008(2)/D (Pension/Policy) Para 9 dt.4.5.2009, the minimum Special Family Pension has been increased from Rs.2,550 to Rs.7,000/- w.e.f. 1.1.2006.

The Banks as per MOD letter dated 11.11.2008 would have revised the pension from Rs.2550 to Rs.5763 as per Annexure I and paid arrears of Rs.13660 (40%) and the balance of 60% amounting to Rs.20,492 to be paid after the government announcement. (Arrears for the period from 1.1.06 to 31.12.2008 for 36 months)

In the meantime, the revised pension has to be increased from Rs.5763 to Rs.7000/- and arrears paid for the period from 1.1.06 to 31.5.2009 for 41 months and thereafter from June 2009 the revised SFP has to be paid.

A detailed working sheet has been prepared for the benefit of the widows.

Readers of this Blog, please help the eligible widows to get their correct pension & arrears.

Working sheet for calculation of Revised Spl. Family Pension Arrears – Click.

BASIC RESPONSIBILITIES OF A DEFENCE PENSIONER

BASIC RESPONSIBILITIES OF A DEFENCE PENSIONER

The Defence personnel are the only category of people who attain the status of ‘Pensioner’ at the age of 35. Similarly, the widowed pensioners at the age of 20 are only from among the Defence family pensioners.

Look at the enormous responsibilities shouldered by this category of people at such a young age to swim against the life with such a meager pension for a long period.

Therefore it is very important, that all the defence pensioners and the defence family pensioners should know certain basic aspects of this pension to get the continued benefit throughout their life. In order benefit to maximum readers, this information are given in Hindi also. Kindly follow to safeguard you and your family.

The responsibilities:-

• Send intimation to Pension Disbursing Authority (Banks) and Record Office/Head Office regularly for any change in your residential address.
• Call on your PDA annually positively in the month of November, each year, for the purpose of annual identification, (Life Certificate) failing which, payment of pension may be stopped.
• If you are re-employed in a State/Central government, or a Public Sector Undertaking, intimate the PDA, full details thereof, for regulating the dearness relief on pension. (Most cases of re-employed PBORs the Dearness Relief is admissible on re-employment. A certificate is to be obtained from the re-employer and submitted to PDA for payment of D.R with pension) In case of your not being re-employed under Govt., a declaration to this effect may be given to your PDA, once in a year in the month of May.
• If you are in receipt of more than one pension, furnish full details to your PDA for revising both the pensions and relief thereon.
• If you want to get your pension account transferred to other PDA/Bank, apply to your present PDA., PCDA(P), Allahabad has no role to play, in this regard, except in case of transfer outside India.
• In case you have not drawn your pension within 12 months, please approach your PDA with explanation for delay, non re-employment and non-conviction certificates. Treasury Officers/PAOs have powers to make payment of arrears up to 3 years (5 years in cases of DPDOs). PCDA(P) can sanction arrears claims beyond 3/5 years.
• Furnish full details with relevant certificates from the competent authority to the Record Office/H.O.O. if you have married after discharge or have children born after discharge and death of wife/children for record in your sheet roll/service book.
• If joint notification of family pension has not been done in your case, apply to your PDA for endorsement of family pension on the proper form. Your PDA will process the application through your R.O./H.O.O./Army Hqrs.
• In case of any dispute regarding entitlement to family pension, the matter may be got sorted out with RO and BRO. For immediate guidance, assistance of Local Zila Sainik Board may be sought.
• In case your disability pension is rejected, you are entitled to make an appeal to the Govt., of India within 6 months from the date of rejection memo through the Record Office, if you feel that the disability in your case is due to Service factors. Similarly, family of the deceased can also make an appeal, if the claim for special family pension is rejected.
• Appear before Re-survey Medical Board on due date, as arranged by the Record Office. In case you fail to appear before RSMB for a long time, submit delay explanation along with non-conviction and non re-employment certificates to the Record Office, when a fresh RSMB is arranged.
• If you have any problem regarding payment of pension, write to your PDAs with TS/HO/PS/PPO No./Bank Account No. If your problem is not solved by PDA, write to the Audit Section of Principal CDA(P) Allahabad/Public Grievances Officer, Office of the Principal Controller of Defence Accounts (Pension), Draupathi Ghat, Allahabad with your full details as given below:-
• While sending your application/representation to the office of the PCDA(P) Allahabad, please ensure that following information/particulars are invariably furnished along with full details of your problem/grievance.

(i) Your Name, Rank, Regtl. No. and Record Office/H.O.O. from where you retired.

(ii) P.P.O. No. and date under which pension was granted in your favour.

(iii) Name of the P.D.A./Bank Branch from where you are drawing your pension with Savings Bank/Current Account No.

(iv) T.S./P.S./H.O. No. allotted to you (in case of D.P.D.Os, Treasuries, Post Offices and P.A.Os).

• If you have any problem or doubt regarding the rate of pension granted to you, write to the Record Office/H.O.O. indicating the PPO No. in which the pension was granted to you.
• If the PPO is lost in the PDA’s office, request the PDA to send a loss certificate on the prescribed form to Officer I/c PPO Section of PCDA(P), Allahabad.
• Convert your Pension account in the Bank into a joint account with your wife.

Don’t forget to give nomination to your Pension account.

• Keep your wife informed of all the information about your personal dealings.
• Make a regular visit to your Welfare Association and contribute your mite for the

Well being of your Association.

DRAWAL OF PENSION BY NON-RESIDENT INDIAN, DEFENCE PENSIONERS

PROCEDURE FOR DRAWAL OF PENSION BY NON-RESIDENT
INDIAN, DEFENCE PENSIONERS.

The formalities to be adopted by pensioners residing in foreign countries are as under:-

A NRI pensioner is required:

1. To open a Non-resident Bank Account with any Scheduled Bank in India.

2. To execute a power of Attorney in duplicate on Indian non-Judicial Stamp paper of appropriate value. Where Indian non-judicial stamp paper is not available, it can be made on durable plain paper affixed with adhesive Indian Stamp of appropriate value. The value of the stamp will be determined with reference to practice as obtained in the place where the Power of Attorney is executed. The Power of Attorney will be executed before Notary Public or Indian Mission abroad. It shall be ensured that if the Power of Attorney is executed before Notary Public, it must be signed in the presence of an official of Indian Embassy/Mission abroad, who should attest the signature of the pensioner.

If the Power of Attorney is executed on plain paper, and is not affixed with the adhesive Indian stamps of appropriate value, the pensioner may be requested to write his agent in India advising him to take the same to the Collector within 3 months of its receipt for getting it stamped according to Indian stamp Act.

1. To submit an arrear claim on IAF(CDA) 651, if the pension has not been drawn for more than one year.

2. To submit claim on IAFA-380 (a)

3. To submit the life certificate (IAFA-409), issued by an authorized official of the Embassy/High Commission of India, or consuls of Indian Consulates or Notary Public or an officer of an Indian public Sector Bank attached to its branch in the country, where the pensioner is residing, once in a year in November each year.

4. To submit a certificate once a year in April each year whose nationality at the time of retirement was Indian and who for the time being are residing outside India, on the following lines:-

(a) “I certify that I was an Indian nation at the time of my retirement and have not thereafter changed my nationality and become a naturalized citizen of foreign state”.

(b) The pensioner who has changed his/her nationality, and has become a citizen of a foreign state, must submit a certificate regarding change of nationality, to his Bank along with a copy of nationality certificate, granted by the country, where the pensioner is residing, to the Principal CDA(P), through the Link Branch.

5. To forward an attested copy of pensioner’s passport.

6. To submit other certificate viz. non-employment/re-employment certificate, non-marriage certificate etc.

7. To submit a declaration ratifying the Acts/deed done by the pensioner’s attorney in April each year.

The above documents are required to be forwarded to pensioner’s Agent in India for submitting the claim to Principal CDA(P), Allahabad through concerned Pension Disbursing Authority.

The life certificate and nationality certificates etc. referred above are to be submitted initially with the first claim and thereafter once a year along with the claim for the month of November and April respectively. It may further be noted that pension will not be paid beyond the date on which the next life certificate, Nationality certificate, ratification deed is due.

Specimen form of Power of Attorney - Click

NAIKS & EQUIVALENT RANK'S PENSION REVIEW

NAIKS WITH 15 YEARS SERVICE TO BE GIVEN 17 YEARS PENSION

The Government in the year 1998 sympathetically considered to pay 17 years pension to all those pre-86 and pre-96 Naiks and equivalent ranks in the Navy and Air Force who have completed service between 15 to less than 17 years.

The benefits of the order could not be availed by all due to various reasons. (The Govt. (MOD) and the PCDA(P) Allahabad are well aware as to how many Naiks had availed the benefits. As of now, the pensioner and the banks and Govt. have fully forgotten the issue. But whenever any revision of pension is taking place, the existing pension is required to be based on the above orders. Otherwise the revision of pension as per 6th CPC will not be correct and reduction in the revised pension will cumulative.

Therefore, the orders which were issued earlier to revise the pension w.e.f. certain dates i.e. 1.1.92 and from 1.10.96 are required to be taken up now. However in practical point of view it is not possible to revise because of the numbers involved more and all of them are not so much aware of their own entitlement.

In the circumstances, if the government feels sincerely, they can wave all the earlier instructions and fix a table for the revised pension based on these orders and publish it for implementation w.e.f. 01.01.2006 so that atleast from now onwards i.e. from 1.1.2006 these low paid paid pensioners will get some relief.

Based on this concept, our Team leader Sgt.Kandiah, (A retired Canara Bank Officer) had prepared the tables for ready reference. We request the MOD & CDA(P) Allahabad to accept these tables, verify and issue suitable instructions for implementation. If the basic pension as indicated in the tables, does not match with what they are drawing at present, then it must be stepped up to the level shown in the table and paid accordingly. Arrangements may also be made to pay the arrears for the respective periods as mentioned in the earlier orders.(Circular 210, 251, 257 & 350).

Pending our demand for OROP/Parity in pension, this may be done as an interim measure to provide some relief to the low paid pensioners.

Tables for Naiks & equivalent ranks - Click