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.

PAYMENT OF PENSION TO SICK & DISABLED PENSIONERS

PAYMENT OF PENSION TO THE SICK AND
DISABLED INCAPACITATED PENSIONERS

Operation of Banks Accounts by Old/Sick/Incapacitated Customers.

It has been brought to the notice of Department of Pension & Pensioners’ Welfare that the sick and disabled pensioners are facing difficulties in withdrawing their pension amount from the banks.

In order to facilitate old / sick / incapacitated bank customers to operate their bank accounts, the procedure laid down may be followed. The cases of sick/old/incapacitated account holders fall into the following categories:

(i) an account holder who is too ill to sign a cheque/cannot be physically present in the bank to withdraw money from his bank account but can put his/her thumb impression on the cheque/withdrawal form, and

(ii) An account holder who is not only unable to be physically present in the bank but is also not even able to put his/her thumb impression on the cheque/withdrawal form due to certain physical defect/incapacity.

The banks may follow the procedure as under:

(i) Wherever thumb or tow impression of the sick/old incapacitated account holder is obtained, it should be identified by two independent witness known to the bank, one of whom should be a responsible bank official
(ii) Where the customer cannot even put his/her thumb impression and also would not be able to be physically present in the bank, a mark obtained on the cheque/withdrawal form which should be identified by two independent witnesses, one of whom should be a responsible bank official

In such case, the customer may be asked to indicate to the bank as to who would withdraw the amount from the bank on the basis of (cheque/withdrawal form as obtained above and that person should be identified by two independent witnesses. The person who would be actually drawing the money from the bank should be asked to furnish his signature to the bank.

In this context, according to an opinion obtained by the Indian Bank’s Association from their consultant on the question of opening of a bank account of a person who had lost both his, hands and could not sign the cheque/withdrawal form, there must be physical contact between the person who is to sign and the signature or the mark put on the document. Therefore, in the case of the person who has lost both his hand, the signature can be by means of a mark. This mark can be placed by person in any manner. It could be the tow impression, as suggested. It can be by means of mark which anybody can put on behalf of the person who has to sign, the mark being put by an instrument which has had a physical contact with the person who has to sign.

RBI has been advised by the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and multiple Disabilities (the Trust) that a question had been raised as to whether the banks and the banking section could accept the guardianship certificates in regard to persons with disabilities issued by the Local Level Committees set up under the National Trust for the Welfare of Persons with autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

The Trust has mentioned that the above ACT was specifically passed by the Parliament in order to provide for appointment of legal guardians for persons with disability that is covered under the said Act. The above Act provides for appointment of legal guardians for persons with disability by the Local Level Committee set up under the Act. The Trust has opined that a: legal, guardian so appointed can open and operate the bank account as long as he remains the legal guardian. It may also be noted that the provisions of Mental Health Act, 1987 also allows appointment of Guardian by District Courts. Banks are therefore advised to rely upon the Guardianship certificate issued either by the District Court under Mental Health Act or by the Local Level Committees under the above Act for the purposes of opening/operating bank accounts. Banks may also ensure that their branches give proper guidance so that the parents/relatives of the disabled persons do not face any difficulty in this regard.

REVISION OF MINIMUM SPECIAL FAMILY PENSION

RATIONALIZATION OF CASUALTY PENSIONARY

AWARDS FOR ARMED FORCES.

The MOD and the PCDA(P) Allahabad issued orders for the revision of Special Family Pension, Liberalized Family Pension/Disability/War Injury pension for pre & post 01.01.2006 pensioners.

The revised casualty pensionary awards payable to all the Ranks of the living pensioners and the widows should have been indicated either by MOD or by the PCDA(P) Allahabad, by means of a chart/table. But it seems, has not been done intentionally to create more and more anomaly and create more and more confusion to the PDAs.

Before taking up the other revised casualty awards, let us see the effect of increase in the Minimum Special Family Pension.

The minimum Special Family Pension (SFP) has been increased from Rs.3825 (With DP) to Rs.7000/- vide MOD letter No.16/(6)/2008(1)/D(Pension/Policy) MOD dt.04.05.2009. The widows of Sepoys, Naiks and Havildars will be benefited. But the question is, will all the Banks, Treasuries and DPDOs pay promptly? A big ‘No’ is the answer. Past experiences show that they will not be paid promptly and correctly.

90% of the widows are not aware of what is Special Family Pension? The Banks will be referring the Oxford dictionary to find out the meaning of ‘Casualty Pensionary Awards’. They cannot identify the PPO of a Special

Family Pension. Still there are many widows getting Ordinary Family Pension from the Banks by holding Special

Family Pension PPOs in their hands. This is the reality. The writer has experienced lot many cases during the the

past 18 years. The Tirunelveli District Ex-servicemen Welfare Association took up a project on this issue and

got arrears paid to the tune of more than one Crore from the Banks to more than 40 widows. Still there may be

many more cases of this nature.

So then what is the solution? It is the All India Federation/Association should take up this task to make sure the benefits of these orders reach each and every pensioner.

I request the IESM Core group to set up a project in this regard. The details of the special category of pensioners should obtain from PCDA(P) Allahabad through RTI. The Project Leader will be given the responsibility of contacting all pensioners & Banks, calculate the arrears to be paid to each pensioner and make the banks to pay.

The expenses incurred on the project can be recovered from the pensioners by means of donation fixed on certain percentage of the arrears payable to the pensioner. This type of project if taken up now specifically targeting these three lower ranks (Sep, Naiks & Havildars) will be more beneficial to the individual pensioners as well as to the IESM by way of increased membership and donation to the IESM.

The arrears position with to this order is as follows:-

1. The 40% arrears of revised SFP should have been paid

as per Annexure I of MOD letter dt.11.11.08 up to Aug 08 -- -- Rs.11,960.00

2. The 60% of arrears yet to be paid -- -- -- Rs.17,940.00

3. The 40% of arrears payable as per revised SFP to the

Widows of Sep, Naiks & Havildars -- -- -- Rs.22,160.00

4. The 60% of arrears payable from the revised SFP -- Rs.33,252.00

As per the above revised SFP orders/calculations, every Special family pensioner (the widows of Sep, NK & Hav) should get a total arrears of Rs.55,420/- up May 2008., and thereafter their monthly pension would be regulated as follows:-

Revised Basic Special Family Pension -- Rs.7,000.00

Dearness Relief @ 22% -- Rs.1,540.00

Total -- Rs.8,540.00

Note: A fixed Medical Allowance of Rs.100 will have to be paid in the pensioner is a non-member of ECHS.

Special Note to IESM Core Group: The IESM core group should take up this issue seriously with MOD & PCDA(P) and made sure that all Widows are getting their arrears correctly and in time. By this the IESM membership & the financial position will improve.

Revised Casualty Pensionary awards orders - Click

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