Sunday, July 10, 2016

All of us know that the Pension Regulations /Rules for the employees of RBI, Banks, LIC and some other organisations were framed based on the CCS (Pension) Rules, 1972. These Regulations / Rules are comprehensive covering all aspects viz. eligibility, types of pension, commutation of pension etc. similar to the CCS (Pension) Rules, 1972 and some other rules. In order to meet the contingencies, to meet the changes if and when made in the Government's CCS (Pension) Rules, 1972 and other rules, the framers of Pension Rules for LIC and Banks in 1995,  have incorporated the No.Rule 56 - Residuary Provisions. Similar regulation is incorporated in RBI Employees Pension Regulations,1990, which reads as under:

RBI Regulation 5 : In the matter of the application of these Regulations regard may be had to the corresponding provisions of the Civil Service Regulations or the Liberalised Pension Rules or the Civil Pensions (Commutation) Rules or the Family Pension Scheme for Central Government employees, as the case may be, of the Government of India in so far as they can be adapted to the service in the Bank but subject to such exceptions and modifications as the Bank may,

Rule No.56 : Residuary Provisions of Banks Employees Pension Rules, 1995 reads as under:

In case of doubt,in the matter of application of these regulations, regards may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules,1981 applicable for Central Government employees with such exceptions and modifications as the Bank, with the previous sanction of the Central Government, may from time to time, determine.( Cf.Canara Bank Employees Pension Rules, 1995).

Rule No.56: Residuary Provisions of LIC (Employees) Pension Rules, 1995 reads as under: Matters relating to pension and other benefits in respect of which no express provision has been made in these rules shall be governed by the corresponding provisions contained in the Central Civil Services (Pension) Rules, 1972 or Central Services (Commutation of Pension) Rules, 1981 applicable for central government employees.

All of us know that the Pay and the pension of Government employees, pensioners and family pensioners is revised once in ten years as per the recommendations of the CPCs. The recommendations of CPCs, as approved by the Cabinet are implemented by issue of Office Memoranda.

Paragraph 12 of the Office Memorandum F.No.45/86/97-P&PW(P) Part -1 dated 27th October, 1997 issued by GOI, Department of Pension & Pensioners' Welfare, New Delhi implementing the government's decision on the recommendations of the 5th CPC, is as under :

"Formal amendments to CCS (Pension) Rules,1972, CCS (Extraordinary) Pension Rules, 1939 and CCS (Commutation) Rules. 1981 in terms of the decisions contained in this order will issue in due course. Provisions of all those rules which are not specifically not modified by these orders, will remain unaffected."

Paragraph of 14 of the Office Memorandum F.No.38/37/08-P&PW (A) dated 2nd September, 2008 issued by GOI, Department of Pension & Pensioners' Welfare, New Delhi implementing the government's decisions on the recommendations of 6th CPC is 'ditto' as para.12, stated above.

The decisions of GOI on the implementations of 5th and 6th CPCs recommendations have been incorporated (some rules deleted, substituted or amended to the extent necessary) in the CCS (Pension) Rules, 1972.

  • Two examples (1) of granting of 30% Family Pension and (2) of granting additional percentage of pension to pensioners and family pensioners of 80,85,90,95 and 100 incorporated in the CCS (Pension) Rules,1972 (FOR EXAMPLES, CLICK HERE)

LIC (Employees)Pension Rules, 1995 were framed by the GOI u/s 48 of LIC Act, 1956. Rules under Chapter IV and V defined qualifying service and classes of pension. Appendix IV to Rule 37 provided for rates of D.R. Two rates of DR,first for CPI above 600 to those retired between 01-01-1986 and 31-10-1993 and second for CPI points above 1148 for those retired between 01-11-1993 to 31-10-1997. Subsequently, with wage revision from 01-08-1992, the DR rates above CPI 1148 was extended to those retired from01-08-1992.DR was given on tapering basis. The wage revision of 2000, effective from 01-08-1997,granted 100% neutralisation in DR at 0.23% per slab increase/decrease to those retired on or after 01-08-1997. Para. 3A was added to Appendix IV to the Pension Rules, in t/o government notification dated 22-06-2000. The notification also added Para. 3B to the Appendix IV that the Corporation shall determine the rate of DR corresponding to the CPI merger point to which the pay scales are linked in all future wage revisions. LIC has decided DR rates for wage revisions that took place from 1st August 2002, 2007 and 2012. The GOI Gazette notifications issued for wage revisions also indicate the DR percentage rate per slab increase/ decrease. In view of provision in Para. 3B to Appendix IV, no amendments have been effected in the LIC Pension Rules and pensioners get DR as applicable to the pay scales in which they have retired.

As all of us know that the GOI pensioners and family pensioners have been getting updation in their pension on certain terms and 100% DR since 01-01-1996. Now, the pensioners and family pensioners are going to get OROP from 01-01-2016. Hope the Hon.Judges of Delhi H.C. will shortly deliver justice to the pensioners of LIC and requisite amendments will be carried out in the LIC (Employees) Pension Rules, 1995.

SN (a 1992 Pensioner)
(From Sources)