Delay in payment of pension to Defence Pensioners / Family Pensioners by agency banks

Indian Military Veterans

Circular No. 165

Audit/Tech./070-XXI

O/o the Pr.CDA (P),

Allahabad

Dated: 22 .02.2013.

To,

The CMD

1. All Public Sector banks

2. Private Sector Banks (i.e. ICICI, HDFC and AXIS Banks)

Sub: Delay in payment of pension to Defence Pensioners / Family Pensioners

by agency banks.

***********

The payment of pension to defence (including defence civilian)

pensioners/family pensioners is disbursed by banks as per instructions

contained in scheme for payment of pension of defence pensioners by Public

Sector Banks.

Any other order issued by Government affecting entitlement of basic

pension, increased dearness relief or other benefits are also supplied to the

banks through circulars for timely & correct implementation.

However, this office as well as CGDA/Ministry of Defence is regularly

receiving complaints from defence pensioners/family pensioners regarding

delay in payment, payment at incorrect rate etc. The number of complaints

from pensioners/family pensioners is increasing regularly, which has been

viewed seriously by higher authorities.

Though, the remedial measures on various natures of complaints

received from pensioners/family pensioners are already provided in the above

mentioned scheme/circulars issued from time to time by this office, however,

the same are again reiterated as under.

1. Release of withheld amount of gratuity/DCRG:- Of late it is reported by

pensioner/family pensioner that bank is not releasing the withheld amount of

Gratuity/DCRG after expiry of six months from date of retirement (three

month after date of death of Personnel in the case of family pension).

Necessary instructions to release automatically the withheld amount of

Gratuity/DCRG i.e. without any instruction from Pension Sanctioning

Authority, after expiry of six months/three months (in the case of family

pension) is either mentioned on back side of the PPO itself or

enclosed/attached separately with the Pension Payment Order concerned.

Therefore, there is only a need to establish a mechanism for release of the

withheld amount of Gratuity/DCRG automatically after expiry of six months /

three months as the case may be, if nothing is heard from concerned Pension

Sanctioning Authority in this regard during the above period.

2.Restoration of Commuted Portion of Pension after 15 years of

retirement:- Representations against non restoration of commuted

portion of pension even after completion of 15 years are also received in a

large numbers. To avoid such representation following guidelines, though

already circulated under this office circular No.83 dt.24.11.2000, are

reproduced.

(i) Where the commutation of pension is/was simultaneous with the

retirement, the commuted portion of pension shall be restored after expiry of

15 years with effect from the date of retirement, if payment of commuted value

of pension is made during the first month of retirement leading to appropriate

reduction on account of commutation in first pension itself.

(ii) Where commutation of pension is applied and notified after the date of

commencement of pension and commuted portion leads to a reduction in

pension in second or subsequent month, the 15 year period for restoration of

commuted portion will be reckoned from the date of payment of commuted

value i.e. from the date on which reduction in pension on account of

commutation become effective.

(iii) Further, where the commuted value is paid in more than one stages, the

reduction in amount of pension in such cases shall be made from the respective

date of payment and commuted portion of pension of such pensioners will also

be restored in stages by pension disbursing authorities on completion of 15

years from the date of reduction in pension.

A mechanism to restore the commuted portion of pension automatically

after expiry of 15 years as clarified above also needs to be established.

3. Payment of Fixed Medical Allowance:-

(A)Defence Pensioners/Family Pensioner:-

(i) Consequent on introduction of new Medicare Scheme w.e.f. 1.4.2003, all

Ex servicemen who retired on or after 1.4.2003, have to become member of

ECHS compulsory and are not eligible to draw Fixed Medical Allowance. All

pre 01.4.2003 retirees have the option of either joining the scheme after

depositing the requisite lump sum amount for the purpose or drawing Fixed

Medical Allowance as per extent rates. Such pensioners/family pensioner who

join this scheme will thereby not be entitled to Fixed Medical Allowance.

(ii) Payment of Fixed Medical Allowance in r/o all pre-01.04.2003

pensioners/family pensioners who do not join the scheme will be regulated as

under.

(a) All defence pensioners/family pensioners in whose cases pension

payment orders were issued by this office till 31.10.98, have been become

entitled to the payment of Fixed Medical Allowance w.e.f. 01.12.97 or the date

of commencement of their pension whichever is later provided that they opt for

medical allowance and submit an undertaking to the bank to the effect that they

are entitled to medical facilities under Armed Forces Hospital/MI Room but

are residing in the areas where no such outdoor facilities are available. On the

basis of this undertaking bank was requested to make an entry in regard to

grant of medical allowance in the PPO, Payment Register and pension

certificate and to authorized payment of Fixed Medical Allowance.

(b) The grant of Fixed Medical Allowance in r/o pensioners / family

pensioners whose pension payment order is issued after 31.10.98 had to be

notified in the PPO itself.

(c) Such an undertaking shall be obtained by the bank every year alongwith

the certificate, the pensioner is required it furnish to continue the payment of

Fixed Medical Allowance.

(d) Only one change in option, in the life time of pensioners/family

pensioners shall be allowed.

(e) The Fixed Medical Allowance has been enhanced from Rs.100/= p.m. to

Rs. 300/= p.m. w.e.f. 01.09.2008.

Note:- (i) If any pensioner or family pensioner receives two pensions,

only single Medical Allowance as per the extant rules is admissible if he/she

does not avail of the medical facilities provided by the respective

organizations.

(ii) Re-employed pensioners/Employed family pensioners are not

entitled to medical allowance as medical facilities are provided by his/her

organization

(B) Defence Civilian Pensioners / Family Pensioner:-

(i) All defence civilian pensioners/family pensioners in whose cases

pension payment orders were issued by this office till 30.4.98, have been

become entitled to the payment of Fixed Medical Allowance w.e.f. 01.12.97 or

the date of commencement of their pension whichever is later provided that

they opt for medical allowance and submit an undertaking to the bank to the

effect that they are entitled to medical facilities under CGHS or similar Health

scheme administrated by the Central Government but are residing in the areas

where no such outdoor facilities are available. On the basis of this undertaking

bank was requested to make an entry in regard to grant of medical allowance in

the PPO, Payment Register and pension certificate and to authorized payment

of Fixed Medical Allowance.

(ii) The grant of Fixed Medical Allowance in r/o pensioners / family

pensioners whose pension payment order is issued after 30.04.98 had to be

notified in the PPO itself.

(iii) After exercising above option and furnishing undertaking, if pensioners

residential address is changed from CGHS covered area to a non CGHS

covered area and vice-versa, only one change in option in the life time of a

pensioner shall be allowed to avoid hardship to the pensioner as well as bank.

(iv) Such an undertaking shall be obtained by the bank every year alongwith

the certificate, the pensioner is required to furnish to continue the payment of

Fixed Medical Allowance.

Note:- (i) If any pensioner or family pensioner receives two pensions,

only single Medical Allowance as per the extant rules is admissible if he/she

does not avail of the medical facilities provided by the respective

organizations.

(ii) Re-employed pensioners/Employed family pensioners are not

entitled to medical allowance as medical facilities are provided by his/her

organization.

4. Payment of Enhanced Rate of Ordinary Family Pension:- Enhanced rate

of ordinary family pension is payable for 7 years from the date of death of

service personnel/pensioner or till attaining the age of 67 years whichever is

earlier.

In all cases, where family pension is notified either jointly (i.e. Joint

Notification) or separately the period of grant of enhanced rate as well as

normal rate is also notified in the PPO itself.

Consequent upon implementation of 6th CPC recommendations, the

enhanced rate of ordinary family pension is payable for a period of ten years,

without any upper age limit from the date of death of the personnel to the

family of a personnel who dies in service. This period of grant is also notified

in the PPO itself. However, often it has come to the notice of this office as well

as HQrs. Office/MOD that bank is making the payment of family pension at

normal rate though the period/condition mentioned in the PPO for payment of

enhanced rate has not expired.

5. Payment of Additional quantum of pension/family pension to

pensioners/family pensioners of 80 years of age and above: -

(i) The procedure for payment of additional quantum of pension/family

pension to old pensioner/family pensioner has been provided in this office

circulars No.57 dt. 27.9.2008, 68 dt. 28.7.2009, 72 dt. 24.9.2009, 75 dt.

25.11.2009, 83 dt. 12.10.2011, 397 dt.18.11.2008, 417 dt. 02.09.2009, 441 dt.

01.10.2010 and 470 dt.27.9.2011.

According to these, the additional quantum of pension/family pension on

attaining the age of 80 years and above would be admissible at the below

mentioned rates :-

Age of pensioners/family pensioners Additional quantum of pension/family

pension

From 80 years to less than 85 years 20% of Basic Pension/family pension

From 85 years to less than 90 years 30% of Basic Pension /family pension

From 90 years to less than 95 years 40% of Basic Pension /family pension

From 95 years to less than 100 years 50% of Basic Pension /family pension

100 years or more 100% of Basic Pension /family pension

(ii) In cases where exact date of birth of pensioner/family pensioner is

available in the PPO, the additional quantum of pension/family pension on

attaining the age of 80 years and above, would be payable at the above

mentioned rates from the first day of the month in which his/her date of birth

falls.

(iii) However, in case the exact date of birth is not available either in the PPO

or in the office records, but an indication regarding the age of pensioner /

family pensioner is available, the additional quantum of pension/family

pension shall be paid from the 1st January of the year following the year in

which the pensioner / family pensioner has completed the age of 80 years and

above, based on the PPO/Office records. For example if the records show that

the pensioner/family pensioner has already completed the age of 80 years/85

years as on 1st January 2008, he/she shall be allowed additional quantum of

pension/family pension from 1st January 2008. No corrigendum PPO is

required to be issued in such cases.

(iv) In case neither the exact date of birth nor the age is available either in the

PPO or in the office records, the bank will request the pensioner / family

pensioner to submit four copies of any of the following documents duly

attested by a Gazetted off icer/MLA to the bank.

(a) PAN Card

(b) Matriculation Certificate (containing the information regarding date of

birth)

(c) Pass Port

(d) CGHS/ECHS Card

(e) Driving license (if it contains date of birth)

(f) Election ID Card

(g) Aadhaar Number UIDAI

A. If the document submitted by the pensioner / family pensioner contains

the information regarding exact date of birth, the additional quantum of

pension/family pension will be payable from the 1st day of the month in which

his/her date of birth falls. However, in case the exact date of birth is not

available on the documents submitted by the pensioner / family pensioner but

an indication regarding the age of pensioner / family pensioner is available

therein, the additional quantum of pension/family pension shall be paid from

the 1st January of the year following the year in which the pensioner / family

pensioner has completed the age of 80 years, 85 years etc. based on the

documents submitted by the pensioner / family pensioner.

B. The bank will make the additional quantum of pension/family pension,

on provisional basis, up to a period of six months from the month in which the

proof of date of birth/age is submitted by the pensioner/family pensioner. In all

such cases, the bank will immediately send one copy of each documents

submitted by the pensioner / family pensioner to the Service HQrs / RO / HOO

in r/o commissioned officers / PBOR / Defence Civilians respectively for

verification and submission to concerned Pension Sanctioning Authorities for

formal notification of date of birth/age through corrigendum PPO.

C. The bank will make payment of additional quantum of pension/family

pension beyond a period of six months only on receipt of a corrigendum PPO

notifying the date of birth/age of pensioner / family pensioner.

D. In case, the pensioner / family pensioner is unable to submit any of the

documents mentioned in para 5(iv) above, but claims additional pension based

on some other documentary evidence, such cases will be submitted by the bank

to the Administrative Ministry through service HQrs(for Commissioned

Officers)/Record Office (for PBOR)/HOO(for Defence Civilians) as the case

may be. If Administrative Ministry is satisfied about the claim of the pensioner

/ family pensioner the same will be authorized through corrigendum PPO. No

additional pension will be released by the bank until the corrigendum PPO is

issued by the Pension Sanctioning Authorities.

6. Payment of Dearness Relief on pension/family pension: -

(i) Of late, it is represented by the defence pensioners / family pensioners

that additional installment of dearness relief is not paid timely by the banks.

Banks take the plea that they have not received any order/circulars in this

regard from this office. In this context, attention is drawn to this office circular

No. 3/1992 bearing file No. G1/C/0113/Vol. X/Tech dt 29th April 1992,

wherein banks were requested to release the dearness relief to defence

pensioners (including defence civilian) pensioners/family pensioners on the

basis of Government Order on the subject received from the Ministry of

personnel, PG&P (Deptt. of Pension and pensioners welfare) New Delhi

without waiting any instruction from this office as they are authorized to do so

by the Ministry itself.

(ii) This view has also been strengthened by RBI vide, item 2 of Master

Circular on disbursement of Pension by Agency Banks conveyed to all agency

Banks under RBI Master Circular RBI/2011-13/98 (Ref DGBA GAD No. H-

1/31.05.001/2011-12 dt. July 1, 2011)

7. Payment of dearness relief during re-employment of pensioners / family

pensioners:- The payment of dearness relief during re-employment /

employment / permanently absorption of pensioners / family pensioners under

the Central or State Government or in a Statutory Corporation / Company /

Body / Bank under them in India or abroad, is not being regulated correctly by

various banks though the position on the subject is clearly stipulated in

Ministry of Personnel, Public Grievances & Pensions, Deptt of P&PW letter

No. 45/73/97-P&PW(G) dt. 2nd July, 1999 and Ministry of Defence letter

79(1)/95/D (Pen/Services) dated 28th August 2000 and Deptt of P&PW UO No.

41/42/2007-P&PW(G) dt. 3-4-2008. For uniform implementation of above

orders, position is re-clarified as under.

(a) In case of re-employed pensioners who hold Group ‘A’ post or posts of

the ranks of commissioned officers at the time of their re-employment will not

be entitled to any dearness relief on pension on the fact that:- (i) a certain

portion of pension is taken into account and is not entirely ignored. (ii) the pay

in the post of re-employment is not required to be fixed at the minimum of the

scale in all cases, and (iii) dearness allowance at the rates applicable from time

to time is also admissible on the pay fixed on re-employment.

(b)(i) The entire pension admissible is to be ignored in the case of civilian

pensioner who held posts below Group ‘A’ and those ex-servicemen who held

posts below the ranks of commissioned officers, at the time of their retirement.

Their pay on re-employment is to be fixed at the minimum of the pay scale of

the post in which they are re-employed. Such civilian pensioners will

consequently be entitled to dearness relief on their pension at the rates

applicable from time to time.

(b)(ii) The ex-servicemen (PBOR) who retired before attaining the age of 55

years and re-employed thereafter and their pay fixed at a higher stage because

of advance increments and no protection of the last pay drawn is being given,

the pay should be treated as fixed at a minimum only for the purpose of

ignoring the entire pension and allowing dearness relief on pension.

(c) The disability element is part of disability pension, therefore position

explained at a & b above will also apply for regulating dearness relief on

disability element during re-employment of pensioner drawing disability

pension.

(d) The family pension received by the eligible central Govt.

employees/Armed Forces pensioners is, in any case, not taken into account in

determining their pay on employment therefore, dearness relief at the rates

applicable from time to time shall be admissible on their family pension.

8. Compensation by the Agency Banks for delay in crediting

pension/family pension/arrear thereof:-

(i) Delay in credit of pension/family pension/ arrears thereof by banks have

always been cause of increase of representation from defence

pensioners/family pensioners. Though, RBI has already issued the guidelines to

all agency banks to put in place a mechanism to obtain immediately the copies

of pension order from Pension Sanctioning Authorities directly and to make

payments so that pensioners/family pensioners should get benefits announced

by the Governments in the succeeding month’s pension payment itself. (ii)Non

adhering by of above guidelines, thereby causing, increase of complaints from

pensioners/family pensioners alleging inordinate delay in disbursing the

revised pension/family pension and arrears therof has been reviewed by RBI.

And in order to obviate the such unwarranted inordinate delay in payment of

pension/defence pension and arrears thereof, RBI has further instructed vide

item 34 of Master Circular on Disbursement of pension by Agency Banks

issued by RBI under letter No. RBI/2013-13/103, DGBA.GAD.No.H-

4/31.05.001/2012-13 dated July 2, 2012 that pension paying banks should

compensate the pensioner for delay in crediting the pension/family pension/

arrears thereof by paying compensation at a fixed interest rate of 8 percent for

the delay after the due date and the compensation shall be credited to the

pensioner’s/family pensioner’s account automatically without any claim from

the pensioner/family pensioner on the same day when the bank affords credit

for revised pension/family pension/ arrears thereof in respect of all delayed

pension payments made since October 1, 2008.

In view of the positions explained above, it is requested that all paying

branches/CPPC making/authorising payment of defence (including denfence

civilian) pension/family pension may be advised/instructed either to put in

place a mechanism to revise/calculate the pension/family pension/ arrears

thereof at earliest so that pensioner/family pensioner should get the benefits

announced by the Government in the succeeding month’s pension payment

itself or to compensate the pensioner/family pensioner at a fixed interest rate of

8 percent for the delay in crediting his/her pension/family pension or arrear

thereof.

(P.N. CHOPRA)

ACDA (P)

Copy to:

1. T h e C G D A, Office of the CGDA Ulan Batar Road, Palam, Delhi

Cantt.-10: For information w.r.to HQrs Office letter No. 5169/ATP/

Vol-X dt.20.12.2012

2. The PCDA (Navy), Cooperage Road, Mumbai.

3. The CDA (AF), New Delhi.

4. PA to CDA (AT) / CDA (Gts) in Main Office.

5. PA to All Addl.CDA/Jt.CDA, in Main Office.

6. All GOs, in Main Office.

7. Officer-in-Charge, G-I/ M (Tech), G-I/Civil (Tech), Grants(ORs) /Tech

9. Officer-in-Charge, All sections (Local).

10. Officer-in-Charge, E.D.P. Centre (Local). - For information and

uploading at website of this office.

(S.BASUMATARY)

ACCOUNTS OFFICER (P)Circular No. 165