RESOLUTIONS
(passed by 9th GC Meet at Bengaluru)
(passed by 9th GC Meet at Bengaluru)
1. LIC to constitute Consultative Committee for Pensioners
This General Council of AIRIEF held at Bangalore on15 & 16th October, 2014 notices that Consultative Committee exists for all classes except Pensioners & expresses its deep disappointment & dismay This is a sorry state of affairs & as an enlightened & progressive organization, it is high time LIC decides to form Consultative Committees on same lines & pattern for Pensioners also. This will mark a constructive beginning of exchange of ideas, resolving problems & grievances thro appropriate mechanisms & shall initiate a new ,positive relationship between Management & Pensioners Federations .Above all, OS departments will become more dynamic in foreseeing a problem, in quicker & cordial
This General Council also appeals to LIC to emulate RBI,SBI who have talks with various pensioners Federations regularly & arrive at a solution.The SBI Qly ,Second Innings Magazine issued by Chief GM(HRD), SBI exclusively devoted for pensioners issues & related matters have won laurels from many quarters. LIC must step in here too & create a channel & a bridge of communication with pensioners,who long to know the various happenings in their own institution, for which they have shed sweat & toil for long years & decades.
2. Medi Claim - One More Option
This General Council Meeting of the All India Retired Insurance Employees Federation held at Bangalore on 15 & 16thOctober,2014 applauds the generous act of LIC in extending the subsidy to the tune of 3/4 th of medi -claim premium on basic sum assured to pensioners also from 1-4-2010, on the same lines as applicable to existing employees. Some of the pensioners were forced to opt out of the scheme earlier, because of the exhorbitant premium involved.Many had gone abroad & were not aware of the happenings.There was a golden opportunity for LIC to announce One More Option when they introduced Family Floater Policy wef 1/7/2014 .They will be willing to join the scheme again since FFP is a comprehensive Basic & Optional SA Cover.. This GC meeting, therefore, demands that LIC should allow one more final option to all such pensioners who have gone out of the scheme to join the medi claim scheme.
ii) The Cashless Service Scheme is now restricted to one or two hospitals in metro city for LIC group mediclaim policyholders. This is insufficient to serve our purpose. GIC has now approved several hospitals in all places to whom this facility is extended, after prolonged talks with hospitals. Pensioners who are generally& mostly starved of huge funds find it extremely difficult to pay for their treatment first and then claim reimbursement from the insurer. This causes severe hardships,especially at a time ,when they need to save the life being admitted for emergency treatment. All our request to LIC CO to incorporate SA cover in LIC Identity Cards as also to compel TPAMed Assist to expedite TPA Id cards ,as the talks were going on for many months with New India to finalise FFP.This meeting, therefore, demands that LIC should negotiate with New India Assurance Co. and TPA & quickly arrange for this cashless treatment facility to all pensioners of LIC in maximum number of hospitals so that pensioners need not run to long distances for treatment, followup etc.
iii)This GC brings to the notice of LIC that, though Cashless is allowed ONLY for earmarked diseases of around 7 severe ailments,even for other operations,pensioners have to spend out of their pockets a very heavy amount & with this meager pension,find it almost impossible to fund the stream of tests, medicines,room rent, nursing charges, Surgeon’s fees & post-operation expenses etc.Many other worries remain in such cases for the family.LIC as an enlightened Employer must empathise with pensioners & persuade NI to make this Cashless service universal, as lot of delay is there to grant approval,many items disallowed too,& after admission from Discharge Voucher yet another delay,This is too much to bear for poor pensioners who are hungry obviously to get reimbursement of amount spent.This must be possible ,with an analysis of last 2 years claims, the rough amount every month, quarter & so on claim experience & NI must pump reasonable adequate funds, so that 2nd delay is cut off & pensioner happy that LIC OS will credit the claim amount thro NEFT to his Bank account.
3. Cash Medical Allowance
This General Council meeting of All India Retired Insurance Employees Federation held at Bangalore on 15 & 16th October,2014 records its appreciation for LIC in increasing the Cash Medical Allowance ranging from Rs.4000 to Rs12000pa to different groups of Employees from 1-8-2007. Pensioners richly deserve help from LIC to defray rising medical consultation & cost of medicines, year after year, as at old age they need frequent visits to doctors legitimately to alleviate their illness etc.. Further, there are several restrictions in medi –claim policy,strangely though pensioners buy only those medicines attendant to what the Consulting Doctor prescribe, because of which pensioners have to forgo the expenses incurred on that count also.
Hon.High Courts & Tribunals have held that i) Right to health is a constitutional guarantee & one’s right is other’s duty .ii)In their old age when they require the medical facility most, it should be gladly granted .
Supreme Court proclaimed “A right, it correlates to a duty upon another individual that is employer, Govt or authority.The right of one is an obligation of another. Hence, the right of a citizen to live under Article 21 cast obligation on the State. This obligation is further reinforced under Article 47, it is for the State to secure health to its citizens as its primary duty.”
(R.B.KISHORE,PRESIDENT, RIEA, CHENNA)
4. NATIONAL LITIGATION POLICY:Implement in letter & spirit
This General Council Meeting of AIRIEF ,held at Bangalore, on 15 & 16th Oct,2014 salutes the National Litigation Policy announced by earlier Govt on23 rd June, 2010.The GC reposes faith & confidence in the various utterances of present NDA Govt Law Minister & in the assurances given to implement the provisions of the Policy in all seriousness.
The Centre has formulated a National Litigation Policy to reduce the cases pending in various Courts in India and to ensure conduct of responsible litigation by the Central Government and every State Government to evolve similar policies & implement the same.The GC of AIRIEF lauds the Vision & Mission Statement that Government and its various agencies are the pre-dominant litigants in Courts and Tribunals in the country. Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government to protect the rights of citizens, to respect fundamental rights & to managing and conducting litigation in a cohesive, coordinated and time-bound manner.
While the proclaimed Policy is on positive lines with empathy as the watchword,the GC of AIRIEF notes with concern that deliberate attempts are made to bypass the salutary provisions .The GC conveys to the Hon Minister ,that
* after sweat & toil, heavy expenses, deaths of thousands of insurance pensioners,
**after prolonged 12 years, when Rajasthan High Court gave a categorical verdict in favour of pensioners on 12/1/2010, to pay Full Dearness Relief to pre-8/1997 pensioners, on same lines as post-8/1997 pensioners & Employees,& to ensure pension revision after every wage revision & that too
***when LIC Board Resolution dt 24/11/2001 admits to these 2 remedies to rectify several emerging anomalies amongst groups of pensioners, LIC went on Appeal, later Review,then SLP,delayed & dithered seeking several adjournments which was granted by Courts,
****When it is written in National Litigation Policy “ that litigation will not be resorted to for the sake of litigating,.that false pleas and technical points will not be taken and shall be discouraged, that Government must cease to be a compulsive litigant, that the philosophy that matters should be left to the Courts for ultimate decision has to be discarded, that the easy approach, “Let the court decide,” must be eschewed and condemned ”,
*****one can understand the anger & frustration of the entire pensioners’ fraternity ,that when the 12 year itch was being settled by the Jaipur Judgement,later also asserted by Chandigarh HC Judgement with 12 % interest, & also Delhi HC granting twin benefits & also in rem to all pensioners & further ,even after SLPs were dismissed & NO STAY order by SC Bench, in favour of pensioners,the whole issue is raked up again by LIC with fresh SLPs converted as Civil Appeals,, DEFYING noble & laudable clauses,which , on reading intently,conveys orders in absolute terms ,not subject to interpretations.
This GC of AIRIEF condemns such devious & dubious methods adopted by sterling institutions who are also supposed to adopt sane & respectable HR policies towards their own Elder Pensioners & further aggravated by MOF unnecessary intervention, more so when National Litigation Policy asserts ‘Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority.’ Further, in Item VI of the NLPolicy, ‘Filing of Appeals’, under D) b ) In “ Service Matters, no appeal will be filed in cases where the matter pertains to a case of pension or retirement benefits without involving any principle and without setting any precedent or financial implications.”
This GC, therefore,affirms that with all these chain of developments & Victory,all in favour of pensioners, it ill behoves LIC or MOFinance to go in for appeal, virtually repudiating the glorified ,ethical enunciations of the sacred UOI NLP Document for implementation
This GC observes that when NAMO Govt Law Minister asserts independence of Judiciary & further when he emphatically declares that NLP will not be on paper but implemented seriously ,this GC proclaims that, the Government agencies being one of the biggest litigants,need to exercise restraint from routinely instituting litigation & clogging the system & clear the pensioners problems pending for so long ,when after 2/3 Appeals, the litigants have won, accept with due respect for law & justice for full scale implementation
This GC, therefore, humbly but painfully, pleads with Hon Minister of Law & Justice as also Hon Finance Minister to issue Orders forthwith to LIC to honour Hon Rajasthan High Court Judgement dt 12/1/2010& other related judgements & implement the provisions honourably without further delay
(R.B.KISHORE,PRESIDENT, RIEA, CHENNAI)
5. Pre-1986 Retirees,Enhancement of Monthly Medical Allowance
This GENERAL COUNCIL Meeting of AIRIEF held at Bangalore, on 15 & 16 October, 2014 notes with a sense of shock & despair that LIC could never display grace & magnanimity for this tribe of the ELDEST of retirees ,age 86 & above the befitting benefit that must have been showered on them,but utterly neglected to look after their welfare ,in spite of several entreaties, requests, notes etc.The shining contrast displayed by a sympathetic RBI Management is seen by the noble manner in which RBI top management showered due benefits to these elders ,that too revising 4 times in 7 years with a MMA of Rs 3400—5600pm .UCO Bank has allowed Rs 5000pm for exgratia retirees as also widows same amount,so heartening
It is all the more detestable that ,after so much delay,LIC increased exgratia from Rs 300—350 with DR,Rs1000 as MMA,miserly again,& spouse Rs 500pm with DR.It is disgraceful that LIC could not understand the special needs of this group,not enjoying pension,but tribe dwindled from 5500 to a bare 550 all over India.This GC appeals to LIC to considerably enhance MMA without hesitation & to ensure the senior most elderly amongst us be protected by this magnanimous gesture to enable them to take care of ailments as expenses are pretty high
6. Mediclaim premium deduction from pension to ensure continuity of risk cover
This GENERAL COUNCIL Meeting of AIRIEF held at Bangalore on 15 & 16 October, 2014 expresses its anger in noting that even administrative decisions well within the competence of LIC are shelved & in spite of spate of requests & reminders to LIC, pointing out that many go out of the Mediclaim scheme as intimations don’t reach pensioners, aged regular pensioners & Family pensioners suffer as loss of memory, visits abroad to stay with their children , make them lose the valuable risk cover at a time when it is required most.
This GC deplores the attitude of Management in not granting this simple deduction of premium, when same Management does it for Employees with regular Monthly deduction from salary.There can be no rhyme or reason not to take a decision when LIC has introduced sophisticated Information Technology programmes & if it works well for employees & 2 Zones where ZMs took bold decisions to recover in 2 or 3 instalments. This GC seriously appeals to LIC to take IMMEDIATE & URGENT decision as premiums have to be deducted from December,January & February pension & due intimation & notice has to be given in advance.This GS further asserts that when once consent is given & deductions start, there should not be any need to repeat the process every year creating confusion & unnecessary extra work for LIC easily to be avoided with this favourable decision.
7. Yearly Medical Checkup:Grant amount to Pensioners for holistic health & wellbeing
This GENERAL COUNCIL Meeting of AIRIEF held at Bangalore on 15 & 16 October, 2014 lauds LIC for allowing the revised scheme of Preventive Health check up to all employees aged even 40 years & above, & amount to be reimbursed varying from Rs 3000,4000,5000 with frequency of checkup in ageband specified vide CO Circular dt 12th March,2013 .Indeed ,this is eminently reasonable but preventive health checkup is more needed for pensioners,in the interests of wellbeing, as through such checkups,later serious ailments can be avoided & even expenses curtailed. This GC pleads with all humility & appeals to LIC to legitimize the same for pensioners with same benefits as granted to Employees & with same frequency as allowed for elder employees to retire.
(R.B.KISHORE, PRESIDENT, RIEA, CHENNAI)
8. Inequity in pension for same Basic, same Cadre,same Charter & glaring error in commuted value recovery
This General Council of AIRIEF held at Bangalore on15 & 16th October, 2014 notices that
a)Recovery of Commuted portion in case of Petitioner 3,4 & 5 have been made from Retrospective dates instead of from Prospective dates—respective Chart was annexed with the petition.
b)In their case no interest is paid on late payment of commuted value
c)Consequent upon revision in the Pay structure ,there is glaring example of error in calculations to fix Basic Pension , in case of Petitioners 3, 4 & 5
d)As a result of merger of LESS DA from Nov 1996 to July 1997,DA per slab also gets reduced with permanent effect resulting into less payment of DA from year to year.Petitioners No4 ,Sri V.M.Shah SBM Retd suffered loss of Rs5000 till date.Under no circumstances ,pension can be reduced in anyone’s case.New Basic & new DA becomes less than Old Basic & old DA.Auditor pointed out this & as a result & under orders of HC ,he got Rs31,000 as arrears,without penal interest which comes to Rs40,000.
e)Old Basic +old DA can never be the revised basic salary unless & until due weightage of 11.25% is given as in
f)Sri S.K.Bhatt & B.C.Rathod (Petitioners 3 & 5 )retired during same Charter period –1/8/1997—31/7/2002 having same Basic & same Cadre are getting different pension
and hence urges LIC to adopt right principle,as pointed out & render full justice to similarly placed pensioners.
(G.T.PARIKH, General Secretary,LIC Pensioners Assn, AHMEDABAD)