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Showing posts with label Old Pension Scheme. Show all posts
Showing posts with label Old Pension Scheme. Show all posts

Monday, 21 September 2020

NPS to OPS Contract for Old Pension Scheme – Rajya Sabha

NPS to OPS

Contract for Old Pension Scheme – Rajya Sabha

National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces). However, in some specific court cases, like WP(C) No. 3834/2013 titled Permanand Yadav Vs. Union of India and WP(C) No. 2810/2016 viz.Rajendra Singh Vs. Union of India, where the selection of candidates had been made before 01.01.2004 but their actual appointment in the Government service could be made on or after 01.01.2004 due to various reasons, on the direction of the Hon’ble High Court of Delhi, the benefit of Old Pension Scheme was allowed to the petitioners.

After considering all the relevant aspects and to extend the benefit to similarly placed Government servants in order to reduce further litigation, the Government has decided, vide an Office Memorandum No. 57/04/2019-P&PW(B) dated 17th February, 2020 of the Department of Pension & Pensioners’ Welfare, that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil Services (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and covered under the National Pension System on joining service on or after 01.01.2004, may be given a one – time option to be covered under the Central Civil Services (Pension) Rules, 1972.

The advertisements issued before the introduction of the National Pension System may or may not have contained a clause regarding the pension scheme applicable to the selected candidates. In its order dated 27.03.2019 in W.P.(C) 10306/2016 – Union of India & others versus Dr. Narayan Rao Battu& another, Hon’ble High Court of Delhi observed that since the new pension scheme was in effect and a policy decision had already been taken to make the said scheme applicable to all incumbents joining government service on or after 01.01.2004, the Respondent, who was appointed on 25.02.2005, cannot claim the right to be covered by the old pension scheme, merely because the vacancy against which he was appointed was initially advertised at a time when the old pension scheme was in force. Hon’ble Court also observed that once the new pension scheme unambiguously and specifically provided that since all incoming office bearers, whose date of appointment is on or after 01.01.2004, would be governed by the new pension scheme, no reference can be made to either the date of vacancy, or the date of advertisement.

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies or the date of examination for selection against those vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System. There is no proposal to revise the orders issued vide aforesaid Office Memorandum dated 17.02.2020.

This information was given by the Union Minister of State (Independent Charge), Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply in Rajya Sabha today.

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Monday, 9 March 2020

Latest news on NPS to OPS

Latest news on NPS to OPS

Latest news on NPS to OPS

Withdrawal of NPS and reintroduction of Old Pension Scheme under CCS (Pension) Rules, 1972 to the Central Government Employees recruited on or after 01.01.2004.
 
Demand: In a nutshell all those employees irrespective of their date of recruitment / selection who were recruited against the available vacancies as on 31.12.2003 should all be brought under the Old Pension Scheme under CCS (Pension) Rules, 1972.

Latest Central Government Employees News

Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
NC-JCM-2020/CS/PM/NPS
March 2, 2020

The Cabinet Secretary
&
Chairman
National Council (JCM)
Cabinet Secretariat, Rashtrapati Bhawan,
New Delhi

Subject: Withdrawal of NPS and reintroduction of Old Pension Scheme under CCS (Pension) Rules, 1972 to the Central Government Employees recruited on or after 01.01.2004.

Reference: Department of Pension and Pensioners Welfare OM No. 57/04/2019-P& PW(B) dated 17th February, 2020.

Dear Sir,

Your kind and immediate attention is drawn to the above mentioned subject. You are aware that the entire Central Government Employees are opposing the National Pension System (NPS) imposed arbitrarily by the Government on the Central Government Employees who are recruited on or after 01st January, 2004. The Staff Side of the National Council (JCM) is repeatedly representing to the Government to withdraw the NPS and reintroduce the Old Pension Scheme under CCS (Pension) Rules, 1972 to the Central Government Employees recruited on or after 01.01.2004.

Also check: Steps to complete the pension case as prescribed in in CCS Pension Rules, 1972

This issue was discussed as an Agenda Item (2. Item No. 02/05/NC-44) in the 44th Ordinary Meeting of National Council (JCM) held on 28th May, 2005 under the Chairmanship of Cabinet Secretary. In this meeting the Staff Side have specifically stated that “they would not accept the new Scheme and prefer to disagree.” The Official Side reiterated that the new Scheme was a Defined Contribution Scheme which is fundamentally different from a Defined benefit Scheme. Financial compulsions have necessitated to shift to the New Scheme.

The Official Side, however, stated that the views and concerns of the Staff Side have been noted.
Staff Side requested that action taken on the views noted may be reported and further discussed.
The issue was again discussed in the 45th Meeting of the National Council (JCM) held on 14th October, 2006, as Agenda Item (Item No. 03/06/NC-45). In this meeting the Staff Side has stated “The new Scheme that has been imposed on the new entrants to Government service (recruited after 01.01.2004) is not acceptable, as the same is subject to the vagaries of the stock market.”
Further again the issue was discussed in the meeting of the Standing Committee of the National Council (JCM) held on 14th November, 2006, the Staff Side once again oppose the NPS and reiterated their demand for withdrawing the NPS.

The Staff Side again raised the issue in the Standing Committee Meeting of the National Council (JCM) held on 14th December, 2007, wherein the Official side gave the following assurance. “For employees who had entered w.e.f. 01.01.2004 are not likely to be worse off vis-a-vis the current Pension system in force, as the replacement rate would match to the present one. Thus, NPS is a win-win situation for employees and the Government.”

However, the above assurance given by the Government has proved to be false since at present the employees who are appointed after 01.01.2004 and governed under the NPS have now started retiring from service and they are getting a very meager Pension of Rs. 2,000/- to 3,500/- per month, whereas the minimum Pension under the Government of India to the Central Government Employees is now Rs. 9,000/- + DR.

Considering the above situation we once again represented the matter before the 7th CPC and based on the 7th CPCs recommendation , Government constituted a Committee on NPS. The Staff Side submitted its detailed Memorandum to the Committee and also appeared in person before the Committee and have reiterated our position that the Central Government Employees as a whole must be fully excluded from the ambit of the Defined Contributory Pension Scheme, since it has taken away the benefit of defined and guaranteed Pension to the Central Government Employees.
The issue was once again raised by the Staff Side in the meeting of the Standing Committee of National Council (JCM) held under the Chairmanship of Secretary / DOP&T. The extract of the Minutes is given below for your ready reference.

“Item No. 7 : Scrap PFRDA Act and re-introduce the Defined Benefit Statutory Pension Scheme :

Staff Side told that they reiterate their stand in that, the NPS should be scraped and the Defined Guaranteed Pension under the CCS (Pension) Rules, 1972 should be ·restored to the employees, who were recruited on or after 01.01.2004. They also demanded that GPF facility may be provided to the NPS governed employees on an optional basis.

Chairman desired that the Department of Pension may consider the demand in reference to GPF of the Staff Side.”

The Staff Side again raised the issue in the presence of the then Cabinet Secretary in the National Council (JCM) Meeting held on 13.04.2009. The relevant portion of the Minutes of the Meeting is given below :-

"4.3 Withdrawal of NPS and re-introduction of Defined pension under CCS (Pension) Rules, 1972 he emphasized the Government to recommend at least 50% of the last pay drawn as minimum Pension to the retired I retiring Central Government Employees."

“5.14 Secretary, Staff Side stated that they were opposed to NPS and demanded that the Old Pension Scheme be restored. He further stated that the Government should guarantee Pension of 50% of the last pay drawn to the employees recruited on nor after 01.01.2004. He further demanded facility of GPF and Family Pension to all employees."
 
From all the above deliberations which have taken place in the National Council (JCM) you will appreciate that how serious the issue is.

In this situation the Department of Pension and PW vide OM No. 57/04/2019-P&PW (B) dated 17th February, 2020 have issued an instructions extending the benefit of the Old Pension Scheme to a particular section of employees. The relevant portion of the DOP&T OM dated 17th February, 2020 is given below for your kind ready reference.

“4. ……………… in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under CCS (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on nor before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining on or after 01.01.2004, may be given a onetime option to be covered under the CCS (Pension) Rules, 1972.”

Already the Government employees are divided into two classes, one making subscription and another making no subscription but receiving 50% of the last Basic Pay as Guaranteed Pension. Now by the above mentioned DOP&T OM again another class of employees within the NPS Scheme has been introduced. This has resulted in lot of discontentment amongst the Central Government Employees. Therefore, without prejudice to our right to continue to represent to the Government to withdraw the NPS and to reintroduce the Old Pension Scheme under CCS (Pension) Rules, 1972 to all the Central Government Employees especially those who are recruited on or after 01.01.2004, we suggest the following as an immediate redressal of the grievance.

1) All the Central Government Employees who were recruited against the available sanctioned vacancies in different categories during the Year 2003, irrespective of the fact that whether selection process was completed on or before 31.12.2003, or the Notification / Call Letter / Interview / Selection process was completed on any year after 31.12.2003, but vacancies on the particular post were available on 31.12.2003, all such cases should be brought under the coverage of the Old Pension Scheme, since the recruitment process was delayed by the concerned Departments even though vacancies were available on 31.12.2003. In a nutshell all those employees irrespective of their date of recruitment / selection who were recruited against the available vacancies as on 31.12.2003 should all be brought under the Old Pension Scheme under CCS (Pension) Rules, 1972.

As assured in the National Council (JCM) Meeting, GPF Scheme may be introduced to the employees governed under NPS at present.

As demanded by the Staff Side 50% of the last pay drawn should be guaranteed as Pension under the NPS Scheme till the Government withdraws the NPS for Central Government Employees.

Conclusion
We request you to convene a meeting of the Standing Committee of the National Council (JCM) under your Chairmanship to discuss the entire issue and to reach an amicable settlement.

Thanking you,
Yours Sincerely,
Sd/-
(SHIVA GOPAL MISHRA)
Secretary
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Wednesday, 19 February 2020

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

Latest News on NPS: Old Pension Scheme for 2004 CG Employees

Latest News on NPS: Old Pension Scheme for 2004 CG Employees


The Department of Pension and Pensioners ' Welfare released a significant order on 17 February 2020 on extending the benefit to Central government employees whose appointment has been postponed after 31 December 2003.

Under this Order, a single right to be protected under CCS (Pension) Rules (1972) may be given to government officers who have been deemed effective to obtain the results declared before or on 31.12.2003 against vacancies that take place before 01.01.2004 for joints on or after 01.01.2004. The Central government employees in question can exercise this option by 31.05.2020 at the earliest.

Latest news on NPS to OPS

Amendment in CCS (Pension) Rules 1972 - Central Government Employees

No. 57/04/2019-P&PVW/(B)
Government of India
Department of Pension and PW

Lok Nayak Bhawan, Khan Market,
New Delhi, the 17 February, 2020

OFFICE MEMORANDUM

Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004.

The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.

2. Representations have been received in this Department from the Government servants appointed on or after 1.1.2004 requesting for the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the ground that their appointment was delayed on account of administrative reasons or lapses. Similar references have been received from Ministries/Departments seeking advice of this Department on the question whether the Government servants who were appointed on or after 1.1.2004 could also be extended the benefit of pension scheme under CCS (Pension) Rules, if their appointment was delayed beyond 31.12.2003 on account of administrative reasons and the delay in appointment was beyond the control of the said Government servants.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

3. From the representations of the Central Government employees and the references received from Ministries /Departments, it has been observed that in many of the cases referred to this Department, selection process (including written examination, interview and declaration of result) for recruitment had been completed before 01.01.2004 but the employee joined the Government service on or after 01.01.2004. A few illustrations where the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:
(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc.;
(ii) Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointment to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/ CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/ organization. While recruitment process was completed by some Department(s) / organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments / organization were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before 01.01.2004, and many/ most candidates joined service before 01.01.2004. However, some candidate(s) were allowed extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.
In all the above illustrative cases, since the result for recruitment was declared before 01.01.2004, denial of the benefit of pension under CCS (Pension) Rules, 1972 to the affected Government servants is not considered justified.

4. The matter has been examined in consultation with the Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972. This option may be exercised by the concerned Government servants latest by 31.05.2020.

5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension system (NPS).

6. The option once exercised shall be final.

7. It is clarified, that the above option would be available to only those Government servants who were declared successful for recruitment before 01.01.2004, against vacancies pertaining to the period prior to that date. This option shall, however, not be available to the Government servants appointed on or after 01.01.2004 if they fall in any of the following categories:
(i) Government servants whose names were included in a panel of selected candidates before 01.01.2004 for recruitment against vacancies occurring on or after 01.01.2004 and were, accordingly, recruited on or after 01.01.2004.
(ii) A Government servant whose name was included in a panel of selected candidates prepared before 01.01.2004 for vacancies arising before and after 01.01.2004 but was actually appointed after 31.12.2003 against a vacancy arising on or after 01.01.2004.
(iii) Government servants who were selected against vacancies pertaining to the period prior to 01.01.2004 on the basis of an advertisement / notification issued before 01.01.2004 or a written examination / interview held before 01.01.2004 but results for recruitment were declared on or after 01.01.2004.
(iv) Government servants who joined on or after 01.01.2004 after they were granted extension of joining time on their own request and, in accordance with the instructions issued by the Department of Personnel & Training, their seniority was depressed on account of such extension of joining time to a batch for which the result for recruitment was declared on or after 01.01.2004.
8. The matter regarding coverage under the CCS (Pension) Rules, 1972 based on the option exercised by the Government servant shall be placed before the appointing authority for consideration in accordance with these instructions. In case the Government servant fulfils the conditions for coverage under the CCS (Pension) Rules, 1972, in accordance with these instructions, necessary order in this regard shall be issued latest by 30 September, 2020. The NPS account of such Government servants shall, consequently, be closed w.e.f. 01st November, 2020.

9. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972, shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390 dated 14.11.2019:
i. Adjustment of Employees’ contribution in Accounts: Amount may be credited to individual’s GPF account and the account may be recasted permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts: To be accounted for as (-) Dr. to object head 70 – Deduct Recoveries under Major Head 2071 - Pension and other Retirement benefit – Minor Head 911- Deduct Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts).
iii. Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts ( Note under the above Head in LMMHA).
10. All Ministries / Departments are requested to give wide publicity to these orders. The cases of those Government servants who fulfil the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules may be settled by the administrative Ministries / Departments in accordance with these orders.

11. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their I.D. Note No. 1(7) EV/2019 dated 08.01.2020.

12. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.

13. Hindi version will follow.

(Ruchir Mittal)
Deputy Secretary to the Government of India

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Tuesday, 11 February 2020

NPS - Additional Benefits on death / disability of Government Servants


NPS - Additional Benefits on death / disability of Government Servants

EAST COAST RAILWAY

Grant of Additional Benefits on death/disability of Government Servants covered under National Pension System (NPS) - Railway Board RBE No. 08/2020 No. D-43/4/2018- F(E)III dated 20.01.2020.

RBE No. 08/2020

Government of India
Ministry of Railways
(Railway Board)

No. D-43/4/2018-F(E)III
New Delhi, Dated 20.01.2020

The General Managers/ Principal Financial Advisory,
All Zonal Railways/ Production Units

Sub:- Grant of Additional Benefits on death / disability of Government Servants covered under National Pension System (NPS) - reg


NPS - Grant of Additional Benefits on death / disability of Central Government Servants 

covered under National Pension System
Attention is invited to Board’s letter No. 2008/AC-II/21/19 dated 29.05.2009 vide which instructions were issued providing for additional relief on death/disability of Government servants covered by New Defined Contribution Pension System (NPS). Instructions issued vide letter ibid will be applicable to those Government Servants who joined Government Service on or after 01.01.2004 and will take effect from the same date i.e. 01.01.2004. Further, attention is invited to the letter No. 2016/F(E)III/1(1)/3 dated 27.05.2016 vide which Pension Fund Regulatory and Development Authority (Exits and Withdrawals under NPS) Regulation, 2015 notified vide Gazette notification dated 11.05.2015 was adopted and circulated on Railways. It is prescribed in these regulations that if the subscriber or the family members of the deceased subscriber, upon his death, avails the option of additional relief on seek transfer of the entire accumulated pension wealth of subscriber to itself.

Also check: Good news for NPS employees

2. References were received in this office seeking clarification whether the rule allowing option for drawl of pension/ family pension, instead of NPS corpus, is also applicable retrospectively for the cases where corpus of NPS has already been paid to the deceased employee’s legal heirs before issue of board’s letter No. 2008/AC-II/21/19 dated 29.05.2009. If the date of application of additional benefit is retrospective, whether it is from the date the employee deceased or from the date of issue of Board’s letter dated 29.05.2009. Also, whether the arrears of pension/family pension is to be paid (upon surrender of NPS Corpus) or not, and the amount is likely to be huge which would impact the Railway Finances. Clarification was, also, sought whether the interest on the corpus is to be charged from the date of payment of corpus amount till the date of is surrender and if so, at what rate.

3. The above issue has been examined in consultation with Department of Pension and Pensioners’ Welfare (DOP&PW), the nodal Department of pensioner matters. DOP&PW has clarified that Railway servant/ family member in the case of death of railway servant of his discharge from service on account of invalidation/ disability, is entitled to pension/ family pension under old pension scheme under Railway Services (Pension) Rules, 1993, if the Railway servant/ Family wants to. DOP&PW have, further, clarified that the entire accumulated pension funds under NPS may be recovered from him/family with interest for the period from the date of receipt of entire accumulated pension wealth to the subscriber under NPS to the date of refund to the Government at the rate and manner applicable to GPF deposits from time to time.

4. The aforesaid clarification may be kept in view while dealing with cases covered under National Pension System (NPS).

sd/-
(G. Priya Sudarsani)
Director, Finance (Estt.)
Railway Board
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Friday, 6 September 2019

Availing benefit of Additional Relief on Death / Disability of the Government Servant covered under NPS

NPS


Availing benefit of Additional Relief on Death / Disability of the Government Servant covered under NPS

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TAIKOOT-II,BHIKAJI CAMA PLACE,
NEW DELHI-110066

CPAO/IT&Tech /NPS Procedure/ 22 Vol-III/P.F./2019- 20/85-92

04.09.2019

Office Memorandum

Subject: Accounting Procedure for crediting the amount withdrawn by the pensioner from PFRDA and interest thereon in to Government Account for availing benefit of Additional Relief on Death/ Disability of the Govt Servant covered under NPS-reg.

Attention is invited to DP&PW OM. No. 38/41/06/P&PW(A) dated 05.05.2009 to be read with OM No. 28/03/2018-P&PW(B) dated 02.04.2018 wherein it is stated the “The Exit and Withdrawals under NPS regulations 2015 provides in para 6(e) that if the subscriber or the family members of the deceased subscriber, upon his death, avails the option of additional relief on death or disability provided by the Government, the Government shall have right to adjust or seek transfer of the entire accumulated pension wealth of the subscriber to itself. The subscriber or family members of the subscriber availing such benefit shall specifically and unconditionally agree and undertake to transfer the entire accumulated pension wealth to the Government, In lieu of enjoying or obtaining such additional reliefs like family pension or disability pension or any other pensionary benefits from such Government authority.” It is also stated in the OM dated 02.04.2018 that “the family of the deceased Govt. servant is entitled to family pension under old pension scheme, if they want to avail the benefits under old pension scheme. In this case the entire accumulated funds under NPS may be recovered from the family with interest However, the possibility to adjust the recovery of accumulated wealth from arrears of family pension may also be explored. “

References have been received from the Pay & Account Offices for accounting procedure for N PS corpus deposited by the pensioner/family pensioner or received from PFRDA.

O/o the CGA vide its U O no. 1(7)(2)/2010/Cla/TA/205 dated 05.08.2019 has suggested the accounting procedure for the amount of NPS corpus received from pensioner/family pensioner/ PFRDA as under:

  •     The amount received may be deposited into the existing government account of the PAO concerned.
  •     The receipt may be accounted for by crediting MH 0071- Contributions and Recoveries towards Pension and other retirement benefits, 01- Civil. Minor Head 101-Subscriptions and Contributions. A new sub-head ‘Accumulated Pension Wealth in respect of N PS subscribers’ may be got opened under the above head for the purpose, if already not opened.

All the Pr. CCAs/CCAs/CAs/ AGs/Administrators of UTs are requested to instruct concerned PAOs to follow the accounting procedure mentioned above.

Sd/-
(Md. Shahid Kamal Ansari)
(Dy. Controller of Accounts)

Source: CPAO
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Wednesday, 17 July 2019

Restoration of Old Pension Scheme – Loksabha

Restoration of Old Pension Scheme – Loksabha Q & A

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF FINANCIAL SERVICES
*****
LOK SABHA
UNSTARRED QUESTION NO:3569
TO BE ANSWERED ON JULY 15.07.2019

Restoration of Old Pension Scheme

Rakesh Singh
Rodmal Nagar

Will the Minister of FINANCE be pleased to state:-

(a) whether the demand is being made by trade unions/Government employees to restore the old pension scheme for the Central Government employees as the pension amount is lower and uncertain under the new pension scheme which was implemented in the year 2004;
(b) if so, whether the Government is considering the aforesaid demand of the employees; and
(c) if so, the details thereof and if not, the reasons therefor?

ANSWER

The Minister of State (Finance)
(Shri Anurag Singh Thakur)


(a) Yes, Sir.

(b) and (c) Due to rising and unsustainable pension bill, the Government had made a conscious move to shift from the defined benefit, pay-as-you-go pension scheme to defined contribution pension scheme now called as National Pension System (NPS). The transition also helped in freeing the limited resources of the Government for more productive and socio-economic sectoral development.

There is no proposal to replace the NPS with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004.

******

Source: Loksabha
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Thursday, 25 April 2019

NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004


NPS to OPS - Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01-01-2004
Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13C, Ferozshah Road, New Delhi - 110001
E-Mail : nc.jcm.np@gmail.com
No.NC-JCM-2019/Pension/NPS
April , 2019
The Secretary
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.

Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to the employees who were selected During the year 2003 and who had joined service On or after 01/01/2004.

Ref: 1) Judgment of the Hon’ble High Court of Delhi
Judgment in WP (C)3834/2013 & in WP(C) 28/10/2016 dtd. 27/03/2017.
2) Min. of Home Affairs (Pay & Accounts Office)
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/ 2018-19/797, dtd. 15th March 2019.

Sir,
You are aware that the Staff Side of National Council(JCM) is representing in various forums to withdraw the National Pension System and to restore the old Pension Scheme under CCS(Pension) Rules 1972, to the Defence Civilian Employees recruited on or after 01/01/2004, since the NPS is determental to the employees as there is no defined guarantee for Pension during the old age. This was one of the important demand, for which the NJCA has served Strike notice on the Govt. For observing In-definite Strike. However due to the assurance given by the Group of Ministers, the proposed In-Definite Strike was deferred.

Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in the above referred cases, the Ministry of Home Affairs have decided to extend the benefits of the old pension scheme under CCS(Pension) Rules 1972, to the Para-Military forces who were selected during the year 2003, but joined service on or after 01/01/2004. In this regard your kind attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th March 2019 referred at (2) above (copy enclosed for ready reference). The Ministry of Home Affairs have decided to transfer the NPS contribution of the concerned employees to the GPF Scheme and also to bring the employees who were selected during 2003 on the basis of notification issued during 2002/2003 and joined service on or after 2004, under the coverage of CCS(Pension) Rules 1972.

A large number of Central Govt. Employees in various Departments Like Railways, Defence, Postal and other Departments are similarly placed. These employees were selected for appointment during the year 2003, based on the employment notification issued during 2002/2003 however due to delay in receiving the Attestation Forms(Police Verification Report), Medical fitness etc., they were forced to join service on or after 01/01/2004. Due to no mistake of theirs’ they were brought under the coverage of NPS, thereby denying them the benefit of GPF and Defined Guaranteed Pension under the CCS(Pension) Rules 1972. These employees also have now started representing for extending the benefit given to the Home Ministry Staff for them, and their demand is fully justified and is covered under the Judgment of Hon’ble High Court of Delhi.

Sir, in view of the above, it is requested that you may kindly look into the matter and arrange to issue instructions for extending the benefit given to the Para-Military forces in the Home Ministry to the similarly placed Central Govt. Employees by extending them the benefit of Old Pension Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please be endorsed to this office.

Thanking you
Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary
Encl: 1) Copy of Ministry of Home Affairs Lt. Dtd. 15th March 2019.
2) Copy of the Judgment of High Court of Delhi, dtd. 12th Feb. 2015 and 27 March 2017.
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Tuesday, 1 January 2019

NPS To OPS - Revert to Old Defined Benefit Pension System - Parliament Q&A on 28.12.2018


NPS To OPS - Revert to Old Defined Benefit Pension System - Parliament Q&A on 28.12.2018

National Pension System to Old Pension Scheme

NPS-to-OPS-New-Pension-System-Old-Pension-System

In Parliament on 28th December 2018, the Minister of State in the Ministry of Finance Shri Shiv Pratap Shukla said that there is no proposal to replace the National Pension System (NPS) with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004.
The detailed report of Questions and Answers are given below for your information…

Lok Sabha Un Starred Question No.2954

(a) Whether the Government is planning to reconsider the Old Pension Scheme on optional basis for Central Government Employees on heavy demand of employee associations across the country and if so, the details thereof;

(b) Whether the Government has received any representation from various State Governments and employees' associations in this regard and if so, the details thereof along with the other major changes demanded by the employee associations and the reaction of the Government thereon;
Representations have been received which inter alia also include the demand that the Government may revert to old defined benefit pension system. However, due to rising and unsustainable pension bill and competing claims on the fiscal, there is no proposal to replace the National Pension System (NPS) with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004.

(c) Whether the Government has decided to raise the Government contribution in National Pension System (NPS) to 14 per cent from existing 10 per cent and if so, the details thereof along with the increased financial liabilities of the Government thereon;
Yes, the mandatory contribution by the Central Government for Tier I accounts of its employees covered under NPS has been enhanced from the existing 10% to 14%. The employees' contribution rate would remain at the existing 10%. As informed by the Department of Expenditure, the impact on Government exchequer on account of enhancing the mandatory contribution by the Government for its employees covered under NPS from 10% to 14% is estimated to entail an additional financial impact of Rs. 2840 crores on Central Government in the next immediate financial year (2019 2020).

(d) The details of cases of family pension sanctioned so far to the families of deceased Central Government employees and the payment of compensation made for non-deposit or delayed deposit of contributions under the NPS;
Number of Family Pensioners getting pension through Central Pension Accounting Office (CPAO) by authorised Bank under National Pension System- Additional Relief (NPS-AR) as on 30.11.2018 is 4,779.

(e) whether the Government has decided to stop pension scheme to all the Government employees including Government/Public Undertakings organization, if so, the details thereof and the reasons therefor; and
The Government of India vide notification dated 22.12.2003 had introduced the National Pension System (NPS) (earlier known as New Pension Scheme) for its employees and made it mandatory for all new recruits of the Central Government (excluding armed forces) who joined service on or after 01.01.2004. The old defined benefit scheme was withdrawn by the Government for Central Government employees (excluding armed forces) joining service on or after 01.01.2004. There is no proposal to stop the pension scheme for Government employees.

(f) The amount/percentage of the budget consumed every year to pay pensions to employees serving in Government jobs in the country?
As informed by the Department of Expenditure, the details of Budget consumed during 2017-18 to pay pension to pensioners and Budget for financial year 2017-18 are as under:

Budget consumed
HEAD OF ACCOUNTSAMOUNT (IN CRORES) (PROVISIONAL)
2071 Pension & other retirement benefits145745.07
3001-101 Indian Railways Pensionary charges 366.85
3002-11 Indian Railways Pensionary charges1996.97
3003-11 Indian Railways Pensionary charges21.07
3201-07 Pension-Postal Services8511.33
Grand Total156641.29

Budget for the financial year 2017-18 under NPS-AR is as under:
Budget Estimate 2018- 19Expenditure 2018- 19Budget Estimate 2017- 18Expenditure 2017- 18
Rs. 90.20 crRs. 59.71 cr (as on 30.11.2018) Rs. 66.21 crRs. 65.65 cr

Source: https://loksabha.nic.in/
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Friday, 14 December 2018

NPS To OPS: Karnataka Government Employees Protest against NPS


NPS To OPS: Karnataka Government Employees Protest against NPS

New Pension System To Old Pension Scheme
Karnataka Government Employees Protest against NPS

Karnataka State Government Employees demanded to scrap NPS and on Wednesday they took a streets in Karnataka's Belgaum City. As per the media news, thousands of agitating employees assembled in Kondaskoppa area of the city, opposite the Suvarna Vidhana Soudha (State Assembly) where he winter session of the Karnataka Assembly is in session.

Earlier the members of the Karnataka State NPS Employees Association demanded scrapping of NPS.

Nothing More…

Nothing Less…

We Want

OLD PENSION SCHEME

Yesterday (12.12.2018), National Secretariat of Confederation decided to observe as DEMANDS DAY raising the demand "SCRAP NPS & RESTORE OPS" through out the country.
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Sunday, 9 December 2018

NPS to OPS: New Pension Scheme Demand To Scrap it

NPS to OPS: New Pension Scheme Demand To Scrap it

New Pension Scheme Demand To Scrap it

New-Pension-Scheme-Scrap-NPS-OPS

NEW PENSION SCHEME (NPS): The New Pension Scheme is made compulsory for Government employees was brought into effect 2004, this has effected them a lot, lot of agitations are being carried out on scrapping the New Pension Scheme, this agitations has forced many State Governments such as Karnataka, Kerala, Andhra Pradesh, Delhi State Governments to reconsider this New Pension Scheme and formed an expert committee to review this New Pension Scheme. This New Pension Scheme was not implemented by West Bengal State Government. In this angle an analysis is made all about New Pension Scheme and ways to scarp or modify the New Pension Scheme to benefit the Government employees at large is suggested.

Need for Pension : The Pension System thus started in India was finalized by the Indian Pension Act of 1871. It appears that the British Government had the conception of providing its pensioners increase in their pensions to neutralize the effect of inflation.

Pension is a reward for past service. It is undoubtedly a condition of service but not an incentive to attract new entrants, the Pension is paid for past satisfactory service rendered, and to avoid destitution in old age as well as a social welfare or socio-economic justice measure, the fact that the cost of living has shot up and correspondingly the possibility of savings has gone down and consequently the drop in wages on retirement.

That pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 rules which are statutory in character because they are enacted in exercise of powers conferred by the proviso to Art. 309 and clause (5) of Art. 148 of the Constitution; (ii) that the pension is not an ex-gratia payment but it is a payment for the past service rendered; and (iii) it is a social welfare measure rendering socio-economic justice to those who in the hey-day of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in lurch.

As on 01-01-2018 there were 51.96 lakh pensioners in the country, including from Central Civil Services, Railways, and Post, Defence and Defence civilians.

EVOLUTION OF NEW PENSION SCHEME (NPS) IN INDIA:

In 1991 Government of India as introduced diverse economic reforms to pull the country out of economic crisis and to accelerate the rate of growth. These reforms are often described as the New economic policy (NEP) or policy of LPG where L for liberalisation; P for privatisation; G for globalisation. The Congress Government under the Prime Ministership of Hon’ble Prime Minister Shri P. V. Narasimha Rao, the signed an agreement with the International Monetary Fund (IMF) to get the IMF loan in which the IMF had imposed various conditions to get the soft loan which includes pension reforms , which the Indian Government Congress Government had accepted it to reform in a 10 years period .

On the basis of the decision taken in the Eleventh Conference of State Finance Secretaries held in the Reserve Bank of India (RBI) during January 2003, a Group was constituted by the RBI in February 2003 to study the pension liabilities of the State Governments and make suitable recommendations.
The "Pension Fund" to be created under the proposed revised schemes should be kept completely outside the States' Consolidated Fund and the Public Account

The pension systems, both for Civil Servants and other citizens, as evolved over the years have begun to show signs of financial stress in many countries, including India. Since the pension benefits of Government employees are usually paid from the general revenue of the Governments, the steep rise in such liabilities adversely affect the fiscal soundness of the Government entities. In India too, the increasing pension liabilities of the Central and State Governments have emerged as a major area of concern, especially in the wake of fiscal deterioration in recent years. About 20% of the state Government funds are spent on pension.

During the Hon'ble Prime Minister Shri Atal Bihari Vajpayee of NDA was in power from 1998 to 2004 which implemented this agreement of IMF on pension reforms . The NDA Government constituted two committees namely B.K.Bhattacharya committee headed by Shri B.K.Bhattacharya, Former Chief Secretary, Government of Karnataka as chairman and under the Chairmanship of Shri Biju Patnaik, Chief Minister of Orissa , both these committees recommended introduction of New Pension Scheme (NPS) & Hon'ble Prime Minister Shri Manmohan Singh of Congress (UPA) was in power from 2004 to 2014 continued to accept these pension reforms.
The New Pension Scheme (NPS) was announced on December 22, 2003 by the NDA Government, for all new government employees excepting those in the Armed Forces. This brand new system replaces the defined benefit system of pension and this includes GPF. Contributory pension scheme is for entrants who joined after 1st January 2004.

While the NPS is mandatory for the Central government employees, it has potentially a much wider reach. As of March 2007, 19 states which have decided to introduce similar schemes, mandating newly recruited civil servants to mandatorily join the NPS‐type scheme.

The NPS started with the decision of the Government of India to stop defined benefit pensions for all its employees who joined after 1 January 2004. While the scheme was initially designed for government employees only, it was opened up for all citizens of India in 2009. Over 15 lakhs Government employees are currently registered in NPS scheme.

The Department of Economic Affairs (DEA) at the Ministry of Finance, notified a new pensions regulator in August 2003, before the NPS commenced operations in January 2004. The PFRDA bill was presented in 2005, and was finally passed in Parliament in 2013.
Let us analyse why Government is adopting the pension reforms:

Sl. noIndian Government ViewEmployees view
1The ratio of retirees to workers is on continuous rise and further by 2030 the 25% of the population (200 million pensioners) will be above 60 years of age.The large number of employees are effected by the New Pension reforms, hence Government should keep it in mind the interest of the large chunk   of employees
2The Pension system shall put enormous financial pressure on the Government and take away funds meant for social cause spending, this will cause a drain on the state of economy.About 80 % of employees are Group "C" workers, the pension amount is ultimately spent by them for their daily needs and money flows into the market and economy will not be effected , secondly Government is a model employer and it has social responsibility towards its employees.
After a decade of existence, there is need to examine the existing NPS and compare the performance of this system to the goals with which it was created.

*One of the key bottlenecks has been the lack of a sound regulatory framework, put in place by an empowered and independent regulator. The PFRDA Bill that had been pending since 2002 was finally passed in 2013. This enables the formal institutionalisation of the PFRDA as the regulator of the NPS. The PFRDA can now take on the task of both the relatively short term agenda of closing the gap between the current NPS and the original design.
*Central government employees can invest in these assets only through their Tier II account which get higher returns on longer period.
  • After the enactment of the Pension Fund Regulatory and Development Act, 2013, it is not the exclusive liability of the government to pay the pension."
    The Ministry of Finance will oversee and supervise the Pension Funds through a new and independent Pension Fund Regulatory and Development Authority.”
WHAT IS THE NATIONAL PENSION SCHEME?
Each Government employee contributes 10 % of his salary (Basic Pay + DA + DP) to the pension account , which is then matched by a Government contribution of an equal amount .
National Pension Scheme or New Pension scheme is a pension plan offered by the government. Investment in this scheme is via debt and equity market. The invested amount is locked until retirement. At retirement age, you can withdraw 60% of the maturity amount while the balance40% must be invested in annuity. The maturity amount is taxable. The NPS is regulated by the PFRDA and fund management is by designated fund managers from the private and public sector. NPS has the lowest charges.

From our salaries and daily allowance, 10 per cent is cut towards pension and an equal amount is given by the government. This amount is invested into the share markets under the new scheme.
An NPS subscriber can withdraw 25% of his contribution to the corpus for emergencies before retirement. Instead of withdrawing the entire amount at retirement, you can withdraw Rs 25,000, or 25% of your contribution, earlier, without any tax incidence. The remaining Rs 1.75 lakh is withdrawn on retirement.

New Pension Scheme extension of benefits of Retirement Gratuity and Death Gratuity to the Central Government employees covered by New Defined Contribution Pension System (National Pension System)-regarding. All these condition would be equally applicable for grant of gratuity to employees covered under New Pension Scheme.

An individual can claim tax deduction of upto 10 percent of the salary contributed towards NPS under Section 80 C. For those contributing through the corporate scheme, an employee can claim tax deduction on contribution made by the employer, not exceeding 10 percent of his basic salary plus dearness allowance (if any) Under Section 80 CCD (2). This is above the overall limit of Rs.1 lakh offered under Section 80C.

How New Pension Scheme (NPS) is affecting the Government employees.

The New Pension Scheme is highly disadvantageous to the Government employees under the present situation the pension amount is invested into the share markets under the new scheme. If the markets are doing well, the employees will get a good pension if the share market fails no pension is available to them. Under the old system, employees would get a fixed amount as pension that was 50 per cent of their last basic salary. When the salary was hiked, the pension amount too would be revised. Under the present NPS system, there is no security as pensions depend on market conditions. Secondly the NPS is highly disadvantageous if the length of the Government service is less if a employee serves for 20 years, he draws a pension of about Rs 3,000/- to Rs 5,000/ only. If he completes 33 years of service he draws about Rs 12,000/- to Rs 15,000/- compared to Rs 15,000/- to Rs 20,000/- in the old pension system, this new pension system needs a deep study and its minimum pension should be at least 50% of the last pay drawn. It is upto the Government how and where the money is invested, but a minimum guarantee of 50% of the last pay drawn should be assured by the Government to the employee.

Under New Pension Scheme is in reality much steeper than what the quantum of pension would indicate the differential treatment for those retiring under Old Pension scheme and New Pension Scheme, would be according differential treatment to pensioners who form a class irrespective of the type of retirement and, therefore, would be violate of Art. 14. It was also contended that classification based on fortuitous circumstance of retirement in old or New Pension Scheme, fixing of which is not shown to be related to any rational principle, would be equally violate of Art. 14.

Pension Scheme around the Globe : The USA, Canada, United Kingdom, China , Germany etc. Governments have a scheme of a Defined Benefit (DB) pension is where you receive a specific amount of pay out that is guaranteed by employer, regardless of how their pension investment performs. Your defined benefit amount depends on how much is paid into the plan and your years of service with that employer.

CONCLUSION:The Indian Government should also have a similar Defined Benefit (DB) pension scheme like other major countries in the world have, as many state Governments are re thinking on the New Pension Scheme, hence this New Pension Scheme should be remodelled to suit the Government employees. The Government should take up more social responsibilities of protecting its employees.
We request the government to reintroduce the old pension system. For this a greater movement should take place amongst the New Pension Scheme employees forcing Central Government to rethink the new pension policy adopted after 2004.
P.S.Prasad
Working President
COC Karnataka
Source: http://karnatakacoc.blogspot.com/
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Friday, 7 December 2018

National Pension Scheme: Good News for central government employees!


National Pension Scheme: Good News for central government employees! 

Government contribution to NPS to rise to 14% of basic salary

In a bonanza for government employees, the Cabinet Thursday raised the government's contribution to National Pension Scheme (NPS) to 14 per cent of basic salary from the current 10 per cent, sources said. Minimum employee contribution will, however, remain at 10 per cent. The Cabinet also approved tax incentives under 80C of the Income Tax Act for employees’ contribution to the extent of 10 per cent, they added. Presently, the government and employees contribute 10 per cent of basic salary each to NPS.

While the minimum employee contribution remains at 10 per cent, the government contribution has been increased from 10 per cent to 14 per cent. The Cabinet, headed by Prime Minister Narendra Modi, also allowed government employees to commute 60 per cent of the fund accumulated at the time of retirement, up from 40 per cent at present. Also, employees will have the option to invest in either fixed income instruments or equities, sources said.

As per the Cabinet decision, if the employee decides not to commute any portion of the accumulated fund in NPS at the time of retirement and transfers 100 per cent to annuity scheme, then his pension would be more than 50 per cent of his last drawn pay, sources said. The government did not announce the decision in view of the ensuing polls in Rajasthan Friday. While the government is yet to decide on the date of notification of the new scheme, sources said such changes usually come into effect from the beginning of a financing year, meaning April 1, 2019. This formula for changes in the NPS was worked out by the Finance Ministry based on the recommendation of a government-appointed committee.

Source: www.centralgovernmentnews.com
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Friday, 30 November 2018

NPS To OPS: Government of Andhra Pradesh Issued Orders based on Expert Committee

NPS To OPS: Government of Andhra Pradesh Issued Orders based on Expert Committee

National Pension System To Old Pension Scheme

Govt of AP Issued Orders based on Expert Committee

"In case it is to withdraw the Contributory Pension Scheme and in lieu of it to implement the Statutory Pension Scheme, what will be the legality of such a decision with respect to those who have already retired from service after serving under the Contributory Pension Scheme? or expired while in service?"

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Contributory Pension Scheme (CPS/NPS)- An Expert Committee for review of the Contributory Pension Scheme and examining demand for continuing Old Pension Scheme - Constituted - Orders - Issued.

FINANCE (HR.3-PENSION-I) DEPARTMENT
G.O.R .RT.No. 2052
Dated: 28-11-2018
Read the following : -
1. G.O.Ms.No.653 Finance(Pen-1) Department, dated: 22.09.2004.
2. G.O.Ms.No.654 Finance(Pen-1) Department, dated: 22.09.2004.
3. G.O.Ms.No.655 Finance(Pen-1) Department, dated: 22.09.2004.
4. Representations from various Service Associations, public representatives for restoration of Old Pension Scheme.

ORDER :

In G.O. 1st to 3rd read above, Government of Andhra Pradesh adopted the Government of India's New Pension Scheme based on Defined Contributions for the employees of the State, who are newly recruited on or after 01.09.2004.

2. Several representations and requests have been received from various service associations and people representatives for de-adoption of Contributory Pension Scheme and restoration of Old Pension Scheme for the State Government employees.

3. Keeping in view of the representations from the service associations and people representatives, the Government hereby constitute an Expert committee with the following composition.

1Sri. S.P.Tucker, IAS (Retd),Former Chief Secretary to Government:Chairperson
2Sri. Peeyush Kumar, IAS ,Secretary to Govt (FP), Finance Department:Member Secretary
3Sri. D.Venkata Ramana,
Secretary to Government, Law Department
:Member
4Prof. K. Muniratnam Naidu(Retd),
Professor in Economics, S.P.Mahila University, Tirupathi
:Member
5Prof GalabProfessor in Economics,
Director, CESS, Hyderabad
:Member
4. Terms of reference for the committee:
i. To submit a detailed report analysing the repercussions, both legal and financial of reviewing the Contributory Pension Scheme now in force.
ii. To submit a detailed report analysing the impact of Contributory Pension Scheme on the State Finances.
iii. To suggest propositions regarding the liabilities and risks that may arise out of the agreements entered into with NPS trust and NSDL.
iv. In case it is to withdraw the Contributory Pension Scheme and in lieu of it to implement the Statutory Pension Scheme, suggest propositions for refund of the contributions made by the employees & employer so far?
v. In case it is to withdraw the Contributory Pension Scheme and in lieu of it to implement the Statutory Pension Scheme, what will be the legality of such a decision with respect to those who have already retired from service after serving under the Contributory Pension Scheme? or expired while in service?.
vi. To analyse the status of the scheme in detail and the experiences and current scenarios of other states that have implemented the Contributory Pension Scheme.
vii. In case if the scheme is continued, what are the various steps that can be taken to make it more attractive/beneficial?
viii. To make suggestions in other matters that the committee finds relevant with regard to the review of the Contributory Pension Scheme.
5. The term of the committee shall be 3 months from the date of issue of orders.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ANIL CHANDRA PUNETHA
CHIEF SECRETARY TO GOVERNMENT
Andhra Pradesh Issued Orders
Source: Confederation
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Thursday, 29 November 2018

Proceeding on adoption of Resolution on Abolishing NPS

National Pension System to Old Pension Scheme
Proceeding on adoption of Resolution on Abolishing NPS
Proceeding on adoption of Resolution on Abolishing NPS by Delhi Assembly- एन.पी.एस को समाप्त करने के संकल्प पर दिल्ली विधान सभा की कार्यवाही
LEGISLATIVE ASSEMBLY
NATIONAL CAPITAL TERRITORY OF DELHI
Bulletin Part-I
delhi-assembly-proceeding-on-nps-resolution
(Brief summary of proceedings)
Monday, 26 November 2018 / 05 Margshirsha 1940 (Saka)
No. 91
10. 6.51 PM Calling Attention (Rule-54) :
Shri Ajay Dutt called the attention of the Government towards "Abolishing National Pension System (NPS) and reinstate the old Pension System in the interest of lakhs of Government Servants".
Sh. Arvind Kejriwal, Hon'ble Chief Minister made a brief statement.
The following Resolution moved by Sh. Ajay Dutt was put to vote and adopted by voice-vote :
"The Legislative Assembly of NCT of Delhi, having its sitting on 26 November 2018 :
Taking note of the negative consequences of the anti-employee National Pension System (NPS) that is imposed on the Government Servants by the then NDA Government in 2004 and sustained by the UPA-I, UPA-II and NDA-II Governments,
Given the fact that, unlike the old pension scheme, the NPS :
  • does not give any guarantee to the employees either for assured returns on investments or for minimum pension.
  • does not provide for family pension or social security,
  • does not provide for loan facility when in dire need,
  • does not provide for annual increments and hike in DA,
  • does not allow the employees to withdraw enough money from their own pension fund to meet the medical emergencies,
  • leaves the employees at the mercy of volatile markets and the forces that have notoriously been manipulating the markets,
  • imposes draconian restrictions on withdrawals from pension fund,
  • allows the insurance companies to exploit employees by way of forcing them to buy annuity for a minimum of ten years even after retirement, and
  • runs contrary to the spirit of welfare state as enshrined in the Constitution,
Given the fact that the pro-people and welfare oriented Government of NCT of Delhi is strongly in favour of restoring the rights and privileges of its employees by way of replacing the NPS with the time tested old pension scheme,
Resolves to urge upon the Government of India to scrap the NPS with immediate effect and bring at once all the Government Servants working under the Government of NCT of Delhi under the old pension scheme and restore to them all the benefits of the old pension scheme wherein the fair and legitimate pensions’ benefits are disbursed through the Consolidated Fund of India, so that the dedicated work force of the Government of NCT of Delhi and their families will be able to lead their lives with sense of security and dignity, and
Further resolves to urge upon the Government of India to restore t he old pension scheme in place of NPS or the benefit of all the Government Servants working under the Government of India and also to actively encourage other States to follow this true welfare measure"
Source: Delhi Assembly
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Wednesday, 28 November 2018

NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi


NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi

National-Pension-System-Old-Pension-System

 

Resolution adopted by the Legislative Assembly of NCT of Delhi - Abolish National Pension System (NPS) and reinstate the old Pension System

NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi
Resolution adopted by the Legislative Assembly of NCT of Delhi - Abolish National Pension System (NPS) and reinstate the old Pension System

LEGISLATIVE ASSEMBLY SECRETARIAT
NATIONAL CAPITAL TERRITORY OF DELHI
Old Secretariat, Delhi - 110054

No.F.22(3)/Resolutions/2015/LAS-VI/Leg./
Dated: /11/2018
To
1. The Hon'ble Minister of Personnel, Public Grievances and Pensions
Government of India
North Block, New Delhi - 110 001
2. The Hon'ble Deputy Chief Minister,
Government of NCT of Delhi
I.P. Estate, New Delhi - 110002

Sub: Resolution adopted by the Legislative Assembly of NCT of Delhi to call the attention of Hon'ble Deputy Chief Minister to abolish National Pension System (NPS) and reinstate the Old Pension System in the interest of lakhs of Government Servants'.

Sir,
The Legislative Assembly of the National Capital Territory of Delhi unanimously adopted the following resolution moved by Shri Ajay Dutt, Hon'ble Member of Legislative Assembly in its sitting held on 26/11/2018:
"The Legislative Assembly in its sitting on 26 November 2018 resolves that:
Taking note of the negative consequences of the anti-employee National Pension System (NPS) that is imposed on the Government Servants by the then NDA Government in 2004 and sustained by the UPA-1, UPA-II and NDA-II Governments,
given that fact that, unlike the old pension scheme, the NPS;
does not give any guarantee to the employee either for assured returns on investments or for minimum pension,
does not provide for family pension or social security,
does not provide for loan facility when in dire need,
does not provide for annual increments and hike in DA,
does not allow the employees to withdraw enough money from their own pension fund to meet their medical emergencies,
leaves the employees at the mercy of volatile markets and the forces that have notoriously being manipulating the markets,
imposes draconian restrictions on withdrawals from pension fund,
allows the insurance companies to exploit employees by way of forcing them to buy annuity for minimum of ten years even after retirement, and
runs contrary to the spirit of welfare state as enshrined in the Constitution.
Given the fact that the pro-people and welfare oriented Government of NCT of Delhi is strongly in favour of restoring the rights and privilleges of its employees by way of replacing the NPS with the time tested old pension scheme.
Resolves to urge upon the Government of India to scrap the NPS with immediate effect and bring at once all the Government Servants working under the Government of NCT of Delhi under the old pension scheme and restore to them all the benefits of the old pension scheme wherein the fair and legislative pensions benefits are disbursed through the Constitutinal Fund of India, so that the dedicated work force of the Government of NCT of Delhi and their families will be able to lead their lives with sense of security and dignity, and further resolves to urge upon the Government of India to restore the old pension scheme in place of NPS or the benefit of all the Government Servants working under the Government of India and also to activity encourage other States to follow this true welfare measure."
Yours sincerely,
(C.Velmurugan)
Secretary (L.A.)
No.F.22(3)/Resolutions/2015/LAS-VI/Leg./2982
Dated: 27.11.2018

Copy for information and necessary action to:
1. Chief Secretary, Govt. of NCT of Delhi, Delhi.
2. Principal Secretary to Lt. Governor, Govt. of NCT of Delhi, Delhi.
3. Principal Secretary (Services), Govt. of NCT of Delhi, Delhi.
4. Additional Secretary to the Chief Minister, Govt. of NCT of Delhi, Delhi.
sd/-
(Shnil Dutt Sharma)
Deputy Secretary (Legislation)
Source: Confederation
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Tuesday, 27 November 2018

Why Government Employees Are Up in Arms About the New Pension Scheme (NPS)


Why Government Employees Are Up in Arms About the New Pension Scheme (NPS)
Unlike the old scheme, government employees are now forced to fund half of their pension themselves. This has caused indignation and sparked widespread protests.

On November 16, Union minister Piyush Goyal was reportedly hounded out of an event in Lucknow by railway employees. Among other issues, the protesters were angry about the new pension scheme and demanded the restoration of the old system.

Not just Uttar Pradesh, unrest against the scheme has been brewing across the country and often manifests in mass protest demonstrations.

Forget sustenance, several recently retired government employees say they can’t even pay their monthly electricity bills with the pension amount.

Many of these employees covered under the new contribution-based pension system are receiving as little as Rs 700-800 as monthly pension while the minimum guaranteed amount in the old defined benefit scheme is Rs 9,000. They are now required to pay 10% of their monthly wages which is matched by the government and invested in equity shares. Retirement pensions are dependent on the returns on that accumulated investment.

In the old system, the entire pension amount was borne by the government while fixed returns were guaranteed for employee contribution to the General Provident Fund (GPF). The government pays 50% of the last drawn salary plus dearness allowance (DA) as pension to employees after retiring, and to their dependent family members in case of death.

What is the new pension scheme and how is it different from the old one?
The National Pension System (NPS) is a defined contribution scheme mandatory for all new recruits to the Central government (except armed forces) joining on or after January 1, 2004. All state governments, except West Bengal, have also made it mandatory.

In 2009, the scheme was extended to all Indian citizens from 18-60 years of age, however, the 10% government contribution is only for government employees. An independent Pension Fund Regulatory and Development Authority (PFRDA), set up in 2013, regulates the NPS.
The NPS has two tiers - Tier 1 is mandatory for all government employees and has a fixed lock-in period. Subscribers can only withdraw the accumulated wealth after they retire, i.e., are 60 years old. A recent amendment allows them to withdraw 25% of the employee contribution in case of emergencies.

Even at the time of retirement, subscribers can withdraw only 60% of the total amount, which is taxable, and it’s mandatory to invest the rest 40% to buy a lifelong annuity scheme through an IRDA-regulated insurance company. If they leave the scheme or retire before attaining the age of 60, 80% of the pension wealth has to be invested in the annuity scheme.

Tier 2 is a voluntary account, more of a substitute for the GPF where one can withdraw any amount at any time. The government does not contribute anything in the tier 2 account.

Unlike the pension and GPF in the old scheme, the NPS does not guarantee any fixed returns as it is market-linked.

Teething troubles or discriminatory by design?
Since the NPS covers employees recruited after December 2003 and the age of retirement is 60, most employees are yet to avail the new pension benefits.

On being asked why they were protesting more than a decade after the old scheme was replaced, the employees say they initially had little understanding of the scheme as there were no active efforts to educate them or raise awareness about it.

They were told that NPS was better as the government was also matching their contributions. “Many employees have been protesting from the start but NPS was forced on us nevertheless. Such large-scale movements take time. We were fewer in number and it took time to organise,” Manjeet Singh Patel, Delhi state president of the National Movement for Old Pension Scheme (NMOPS)
Many experts and supporters of the scheme argue that just like a standard Systematic Investment Plan, long-term capital gains under NPS would be better than before. However, protesting employees argue that for those retiring after 10-12 years under NPS, the accumulated wealth is too less to provide substantial amount as pensions.

“The total accumulated wealth in my NPS account on retirement was Rs 3.25 lakhs even when I got 13% interest rate on it. After 60% of it was paid to me on retirement, I am receiving less than Rs 700 every month as pension through the annuity scheme,” R.P. Bhatia, a former employee of the Haryana electricity board, told The Wire.

Bhatia was made permanent in November 2006 and retired in 2013. NPS was enforced in Haryana from 2006 itself. He says his colleagues who were recruited not long before him are receiving over Rs 15,000 as pension under the old scheme.

To be sure, employees did not need to contribute anything to avail pension in the earlier scheme. Under NPS, employees have to fund half of their pension themselves.

If they want a GPF-like option where there's no strict lock-in period, they have to additionally deposit money in the tier 2 account. They say this leaves them with less disposable income and even then, they live in constant anxiety of losing their money in the equity market.

"If the government wanted to encourage us to invest in mutual funds, we should have been educated about it and it should be optional for those willing to risk it. The government is forcing us into it instead of providing a safety net," Patel added.

In addition to these issues, government employees from many parts of Uttar Pradesh allege their contribution hasn’t even started being deducted from their salaries. “How will we get returns from the market when our money hasn’t even been deducted from our accounts to be invested,” Ajit Verma, a 32-year-old government employee from Lakhimpur Kheri in UP, told The Wire. He adds that this is the case in many blocks of his district.

Speculative benefits instead of safety net
"The minimum pension amount under the old scheme is Rs 9,000 which has been calculated keeping in mind entry-level minimum wages. Real pension amounts are much higher as nobody retires on entry-level wages. In the new scheme, even those who have worked for a decade are getting as little as Rs 1,000-2,000. This is a disastrous policy," Tapan Sen, general secretary, Center of Indian Trade Unions, told The Wire.

Sen also alleges that both the Congress and BJP governments, through this scheme, have been using public money to help those who profit through speculation in the share market at the cost of vulnerable government employees.

In addition to nervousness because of a mistrust in market-linked schemes, the employees also feel they are being discriminated against as armed forces recruits are still covered under the old scheme and they feel their fellow colleagues covered under the old scheme are getting a better deal.
Clearly defined pension amounts and a safety net in the form of fixed interest rates on GPF were the main attractions for a government job for these employees who typically spend their whole working lives in the public sector.

Current state of economy adding to woes
The current state of the economy does nothing to inspire confidence in these employees as they see their interest rates dip in the aftermath of events like demonetisation and Goods and Services Tax.
"We were told that our money in the market would also help avoid a 2008-like economic slowdown. How are we to trust this logic when people like Vijay Mallya and Nirav Modi run away with thousands of crores of public money? When even our pension fund managers like SBI goes into massive losses?" Vijay Kumar, national president of the NMOPS, told The Wire.

A rare moment of unity among government employees
As word spreads of an organised movement against the new pension scheme, employees from various government departments and states are joining in. Leaders of the movement say this is one of the rare issues that has united government employees from very diverse sectors and geographical locations.
Workers from the banking sector are also lending their voice to the protest. A charter of demands submitted to the Indian Banks’ Association by the All India Bank Officers’ Confederation also demands scrapping of the NPS.

"Either we go to the old scheme or this scheme can itself be converted into an assured pension scheme. We have also given a workaround on how it can be done. If invested properly, it is possible to guarantee assured income. Instead of investing in the market, the fund can be used in lending activities. Retail lending can alone fetch 12-15% interest and we can avoid the whims of the market," Thomas Franco, former general secretary of AIBOC, told The Wire. Even while suggesting how to ease anxieties regarding market volatility, Franco’s preference remains going back to the old scheme.
Since no concrete action was taken to address their concerns even after multiple appeals to all concerned authorities, the NMOPS has planned to mobilise lakhs of government employees from across India and march to the parliament on Monday.

Source:thewire.in
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Old Pension Scheme (OPS) Will Be Restored in Delhi


Old Pension Scheme (OPS) Will Be Restored in Delhi
OLD-PENSION-SCHEME-OPS

Kejriwal said a resolution to restore the old pension scheme would be passed in a special session of the assembly. "It will then be sent to the Centre for approval. I will fight with the Centre to get it implemented."

Delhi chief minister Arvind Kejriwal announced on Monday, November 26, that the old pension scheme will be restored by his government and he will write to his counterparts in other states to follow suit.

Kejriwal said a resolution to restore the old pension scheme in the city will be passed in a special session of the legislative assembly.

"It will then be sent to the Centre for approval. I will fight with the Centre to get it implemented," Kejriwal said while addressing a rally organised by the All Teachers, Employees Welfare Association (ATEWA) at Ramlila Ground here.

He said that he would also speak to his counterparts in West Bengal, Kerala, Andhra Pradesh and Karnataka for implementation of the scheme.

"The government employees have the power to change the government of the country. I want to warn the Centre, if the demand of employees is not accepted in three months, there will be an apocalypse in 2019," the Aam Aadmi Party (AAP) convener said.

Slogans like "desh ka neta kaisa ho, Kejriwal jaisa ho" greeted the Delhi chief minister as he made the announcement at the rally.

Kejriwal slammed the new pension scheme as "betrayal and cheating" with government employees.
"I want to request Modiji that you cannot accomplish nation-building by disappointing the government employees," he said, adding that the AAP government could perform in the areas of education, health, power and water supply only because of the cooperation of its employees.

The new pension scheme was introduced by the Centre in 2004. Under it, employees contribute towards pension from their monthly salary along with an equal contribution from their employer. The funds are then invested in earmarked investment schemes through pension fund managers.

PTI
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Thursday, 15 November 2018

DoPT: All India Protest Day for 26th November, 2018 - Instructions under CCS (Conduct Rules), 1964


DoPT: All India Protest Day for 26th November, 2018 - Instructions under CCS (Conduct Rules), 1964
MOST IMMEDIATE
OUT TODAY
No C-.45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 12th November, 2018

Subject: All India Protest Day for 26th November, 2018 - Instructions under CCS (Conduct Rules), 1964 - Regarding

It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe 'Gherao of Parliament House' on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department's O.M. No.33012/1 /(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protestlGherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty in the day of protest/Gherao, i.e., 26.11.2018.

Source: DoPT
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