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Sunday, April 17, 2011

TOW FAMILY PENSIONS TO THE WIDOWS OF THE RE-EMPLOYED EX-SERVICEMEN. -CLARIFICATION.



Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioner’s Welfare through its Office Memorandum No. 1/19/96-P&PW(E) dt.19/7/2002 allowed family pension under the EPF Scheme 1995 and the FPS 1971 in addition to the Family Pension under Rule 54 of the CCS (Pension) Rules 1972. This benefit is available from 27.7.2001. It means that all the widows of the re-employed ex-servicemen, whose husbands were drawing two separate pensions and died before 27.7.2001 and after 27.7.2001 are now eligible for two family pensions. In some cases, the re-employers such as the Nationalized Banks, PSUs like the Indian Oil Corporation, Bharat Petroleum Corporation, etc., who are having EPF scheme 1995 released the family pension to the widow immediately. After accepting this EPF scheme 1995 pension. But, still it appears that some banks are not implementing the same. Here is an example.
Dear sir,
        I’m Dharmalingam from Coimbatore ,Tamilnadu. My brother-in-law(late) Sgt.K.Sundararaj is an Ex-service man worked as Radio Technician in Air force. His enrolment in IAF on 01.10.1972 and discharged on 01.11.1987 (15 years service –Fulfilling the conditions of Enrolment)His date of birth 20.04.1953.Then he joined with the INDIAN OVERSEAS BANK on 1990 and expired on 29.11.2010 as Asst.Manager on IOB. He has a wife (my sister aged 50) and only a daughter aged 16 years studing 12th standard.  Now my sister is receiving Defence Family pension from December 2010 (Rs.5657.00 Including  DA &FMA). From the (IOB)bank side she receives a letter as stated below:
Dear Madam,
              We refer to your family pension application and advice as follows.
               The deceased pensioner was an ex service man and had declared that he had been   drawing from Defence also. As per IBAs guide lines his family is eligible for family  Pension  either from Bank or from Defence.  If you opts for family pension from Bank you are requested to submit a Certificate from Defence Record office stating that family pension will not be sanctioned  to the family of deceased pensioner from their side. Alternatively if you opt sanctioned of family pension from bank  ,we will inform The respective Defence Record Office that we have sanctioned family pension to the family of Deceased pensioner/EX service men for their necessary action under Sub rule13-B of rule 54 CCS(Pension)Rules.  For enabling you take a decision we advise here under the amount family Pension you are eligible from Bank.   Enhanced Bank family pension of Rs.7470+variable DA currently (49.90%) from 30.11.2010 to 29.11.2017  Ordinary family pension of Rs.3375 plus variable DA from 30.11.2017    In case you opts for the family pension from Defence, on receipt of the  Option letter from you to this effect we will issue NOC to enable you claim family Pension from Defence.  We will proceed further on receipt of your reply/option letter for family Pension from yourselves

And they asks a letter from her as ;
Dear Sir,
                I refer my family pension application and wish to opt family pension from Indian
Overseas  Bank only. Further I state that I have no objection on informing your sanction of
Family pension to respective defence pension record office.
               
Kindly guide me in this matter.
Regards,
P.Dharmalingam
Mobile: 09366623008
Email: licdharmu@gmail.com                                     

Dear Dharmalingam,
Your sister is entitled for second pension from IOB as per the following OM issued by the DOPT. Please take a print of the same and apply to the bank. The bank has written a letter to you basing on the IBA Circular No. PD/CIR/76/G2/1218 Dt. 30-10-1999 but the DOPT OM  issued on 19.7.2002 effecting two pensions w.e.f. 27.7.2001. 

All Ex-Servicemen are requested to circulate this OM and help the Widows of Defence personnel.


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


 



9 comments:

Muthukrishnan said...

Dear Sir,
The OM was issued as early 2002.This OM allows the second family pension only if it is under EPF 1995 & 1971.The EPF 95 scheme is purely contributory scheme. The Pension fund is contributed by the Employer not by Govt. Therefore the Govt. had allowed this EPF 95 pension. All Banks run the same scheme. The individual banks contribute for the employees pension fund and not the government. The scheme is run by the Bank themselves instead of EPFO. This position is to be explained to all administrative authorities to enable the widows of the re-employed exservicemen to get bank pension in addition to Defence family pension.
Banks pension scheme and EPF 1995 scheme are one and the same. In both the cases, the employer is contributing the pension fund.
Govt. should issue clarification to enable the affected widows to get pension. The ESM welfare associations should represent to MOD and Dept. Pension & Pensioners Welfare.
Thank you,
C.Muthukrishnan.
blog: www.indianexserviceman.blogspot.com

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ON PUBLIC REQUEST THE PUNJAB AND HARYANA HIGH COURT JUDGEMENT IS POSTED AGAIN HERE

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