Thursday, August 31, 2017

21.7.17 Revision of Pension in respect of Puducherry pensioners /family pensioners drawing pension under ex-French Rules on the line of revision of pension of Central Government Pensioners on the recommendations of VIIth Central Pay Commission — regarding.

                                                         

No. 28/ 3/2009-P&PW(B)

Ministry of Personnel, Public Grievances Pension 
Department of Pension and Pensioners Welfare


3rd Floor, Lok Nayak Bhawan, Khan Market 
New Delhi, Dated the 21st July, 2017

To,

The Chief Secretary,

Gover ment of Puducherry, Puducherry.

Subject: Revision of Pension in respect of Puducherry pensioners /family pensioners 
drawing pension under ex-French Rules on the line of revision of pension of 
Central Government Pensioners on the recommendations of VIIth Central Pay 
Commission — regarding.

Sir,

1 am directed to say that the question of revision of pension of Puducherry pensioners / family pensioners drawing pension under the Ex-French Pension Rules in line with the revision of pension for Central Government Pensioners as per this Department's O.M. No.38/37/2016-P&PW(A) (i) and (ii) dated 04.08.2016 has been under consideration of the Government of India. The President is now pleased to decide that the Puducherry pensioners and family pensioners shall also be eligible, as a special case, for benefit of revision of pension as enumerated in this Department's O.M. dated 04.08.2016 referred to above i.e. by multiplying the pension /family pension, as had been fixed at the time of implementation of the 6th CPC recommendation by 2.57. However, the order regarding revision of pension as per Pay Fixation method available to the Central Govt. Pensioners vide this Department's OM No. 38/37/2016-P&PW(A) dated 12.05.2017 shall not be applicable to these Ex-French Pension Rules pensioners / family pensioners.

2.The pensioners/ family pensioners, referred to above will also be eligible for dearness relief at the revised rates effective after the 7th CPC on the revised pension as per orders issued by the Government in this regard from time to time.

3.The pension/ family pension will be revised in terms of these orders by the Govt. of Puducherry in each case individually and the revised pension payment orders will be issued to the concerned pension disbursing authority for arranging payment. It may be ensured that proper and thorough physical verification of the beneficiaries is carried out before revision of pension / family pension.

4. The above mentioned benefits shall not, however, be admissible in the case of Pensioners / family of the deceased pensioners who have opted for French nationality and are drawing metropolitan Pension from the French Government.

5.These orders issue with the concurrence of the Ministry of Finance, Department of Expenditure, vide their I.D. No 30-1/33(iii)/2016-IC dated 13.07.2017.

6. Hindi version will follow.

Yours faithfully,

Sd/

(Harjit Singh)

Director




Copy to:1. Ministry of Home Affairs (CPD(PUDP) Desk), North Block, New Delhi- 110001

2. Implementation Cell, Department of Expenditure, Ashok Hotel, Chankayapuri, New

Delhi.

3. Copy to Desk G for necessary and suitable incorporation in the DR orders issued

from time to time.

4. NIC cell for display on the website of the Department.

Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 107/2017

New Delhi, dated : 3o.08.2017

No. E(P&A)I-2017 /CPC/LE-5

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

In pursuance of Department of Personnel & Training’s OM No.18017 /1/2014-Estt(L) dated 25.02.2015 and OM No. 25012/1/2015-Estt(A-IV) dated 19.05.2015, the issues relating to leave and notice of voluntary retirement of Railway servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 510 of IREC Vol.-1 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Railway servant is declared incapacitated shall be remitted back into his/her leave account. For a Railway servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted

3. Further, keeping in view the provisions of the Section 47 of PWD Act, 1995 and the judgment of the Hon’ble Supreme Court in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, it has been decided that whenever a Railway servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Railway servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

3.1 In case a disabled Railway servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 of PWD Act, 1995. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per applicable rule.

4. It is requested to keep the above in view while processing cases of requests for voluntary retirement and leave from disabled Railway servants under the provisions of the Section 47 of PWD Act, 1995.

5. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

6. Please acknowledge receipt.

(Anil Kumar)
Dy. Director/E(P&A)-1
Railway Board

Payment of arrears of pension in cases where valid nomination has not been made under the payment of arrears of pension (Nomination) Rules, 1983

Payment of Arrears of Pension and Family Pension

Payment of arrears of pension in cases where valid nomination has not been made under the payment of arrears of pension (Nomination) Rules, 1983

No.1(10)/2013-D(Pen/Policy) 
Government of India 
Ministry of Defence 
Department of Ex-servicemen Welfare
New Delhi-110011
 Dated: 29th August 2017

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

SUB: (i) Payment of arrears of pension in cases where valid nomination has not been made under the payment of arrears of pension (Nomination) Rules, 1983; 

(ii) Payment of arrears of family pension-regarding.

Sir,
Attention is invited to provisions for payment of Arrears of Pension under Regulation 90 of Pension Regulation Part-II (2008), which provide that after the death of the Armed Force Pensioner, all money payable to the pensioner on account of pension due to the estate of a deceased pensioner may be paid to the nominee of the deceased Armed Forces Pensioner. In the absence of any nomination made by the Armed Forces Pensioner, the arrears of his/her pension are paid as per the "Will" if such a "Will" has been made by the deceased Armed Force Pensioner. In case neither nomination nor 'Will" has been made by the deceased Armed Forces Pensioner, the arrears of his/her pension are paid under the orders of the Pension Disbursing Authority to the heir without production of usual legal authority, if the gross amount of arrears of pension claim does not exceed Rs. 10,000=00, provided he is otherwise satisfied about the right of the claimant. If the gross amount of arrears of pension claim exceeds Rs. 10,000=00, the arrears of his/her  pension are paid under the orders of Principal Controller of Defence Accounts  (Pension) on execution of an Indemnity Bond in Form IAFA-642 duly stamped  for the gross amount due for payment with such sureties as may be deemed  necessary and accepted on behalf of the “President by an officer duly  authorized under Article 299(i) of the Constitution. In case of any doubt,  payment is made only to the person producing the legal authority.

2. Considering difficulties in obtaining the legal heir-ship-certificate it has been decided that in the absence of nominee or any "Will" of the deceased pensioner, the arrear of pension will be paid as under.-

(i) Under the orders of the Pension Disbursing Authority to the heir without production of legal authority, if the gross amount of arrears of pension claim  does not exceed Rs. 25,000/-, provided he is otherwise satisfied about the  right of the claimant.

(ii) If the gross amount of arrears of pension claims exceeds Rs 25,000/- but does not exceed Rs  2,50,000/-, under the orders of Principal Controller of Defence Accounts (Pension) on execution of an Indemnity Bond in Form IAFA-642 duly stamped for the gross amount due for payment with such sureties as may be deemed necessary and accepted on behalf of the President by an officer duly authorized under article 299(i) of the Constitution. 

(iii) In case of any doubt and also in cases where the amount of arrear exceeds Rs 2,50,000/-, payment shall be made only to the person producing the legal authority.

3. Normally there should be two sureties both of known financial ability. However, in case the amount of claim is less than Rs 75,000/- the authority accepting the Indemnity Bond for and on behalf of President of India should decide on the merits of each case whether to accept only one surety instead of two. The obligor as well as the sureties executing the Indemnity Bond should have attained majority so that the bond has legal effect or force. The Bond is required to be accepted on behalf of the President by an Officer duly authorized under Article 299(i) of Constitution. 

4. This Ministry letter No. 1(16)/2009-D(Pen/Policy) dated 15.03.2010 stipulates that in the event of death of a family pensioner, the right to receive any arrears of family pension would automatically pass on to the eligible member of the family next in line. The requirement of succession certificate for payment of any arrears occurs only where there is no member in family who is eligible to receive family pension after the death of the family pensioner. Therefore, it has been decided that the provision of this letter will also apply to the payment of arrears of family pension where no member of family is eligible to receive family pension. 

5. These orders will not be applicable In the cases where valid nomination exist under GOI, MOD letter No.4(2)84/868/B/D(Pens/Services) dated 09.05.1984. 

6. This issue with the concurrence of Ministry of Defence (Finance/Pension) vide their ID No. 10(04)/2017/Fin/Pen dated 03 August 2017

Yours faithfully
sd/-
(Manoj Sinha)
Under Secretary to the Government of India 

GRANT OF FIXED MEDICAL ALLOWANCE (FMA) TO THE ARMED FORCES PENSIONERS/FAMILY PENSIONERS IN SUCH CASES WHERE DATE OF RETIREMENT IS PRIOR TO 1.4.2003 AND WHO HAD OPTED NOT TO AVAIL MEDICAL FACILITIES AT OPD OF ARMED FORCES HOPITALS/MI ROOMS AND ARE NOT MEMBERS OF ECHS.

No.1 (10)/2009-D(Pen/Policy)
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare
                  New Delhi-110011
Dated: 29th August 2017
To
The Chief of the Army Staff The Chief of the Naval Staff The Chief of the Air Staff
SUB: GRANT OF FIXED MEDICAL ALLOWANCE (FMA) TO THE ARMED FORCES 
         PENSIONERS/FAMILY PENSIONERS IN SUCH CASES WHERE DATE OF 
         RETIREMENT IS PRIOR TO 1.4.2003 AND WHO HAD OPTED NOT TO AVAIL 
         MEDICAL FACILITIES AT OPD OF ARMED FORCES HOPITALS/MI ROOMS 
         AND ARE NOT MEMBERS OF ECHS.
Sir,
The undersigned is directed to refer to the Govt. of India,  Ministry of
Defence letter No.     1 (1)/98/D(Pen/Sers) dated    15th June   1998 and  letter No.
1 (10)/09-D(Pen/Policy) dated    12th January 2011 & No.   1 (10)/2009-D(Pen/Policy)
dated 5th May 2015 regarding grant of Fixed Medical Allowance (FMA) of Rs.500/--
p.m. with effect from 19.11.2014 to Armed Forces Pensioners/Family' Pensioners for meeting expenditure on day to day medical expenses that do not require hospitalization unless the individual had opted for OPD treatment in Armed Forces Hospitals/ M.I. Rooms and convey the sanction of the President for enhancement of the amount of FMA from Rs. 500/- to Rs. 1000/-per month. The other conditions for grant of FMA shall continue to be in force.
2.         Ex-Servicemen who  retired on  or after    01  Apr   2003  have to-become member of ECHS compulsorily and are not eligible to draw Fixed  Medical Allowance.  These orders applicable only in such cases, where the date of retirement is prior to 1.4.2003 and who had opted not to avail medical facilities at OPD of Armed Forces Hospitals/ MI rooms and are not members of ECHS.

3.        These orders will take effect from 01.07.2017.

4.         All other conditions as laid down in Government of India letter No.            1            (1)/98-
D(Pen/Sers) dated 15th June 1998 will continue to apply.

5.         This issue with the concurrence of Ministry of Defence(Finance/Pension) vide their ID No. 32 (9)/2010/Fin/Pen dated 16 August 2017.

6.         Hindi version will follow.
Yours faithfully


(Manoj Sinha)
Under Secretary to the Government of India
Copy to:

As per the standard distribution list.
 

28.8.17 Inordinate delay in finalization of pension cases on all units of Indian Railways/Production units. - Railway Board Order after Railway Minister concern



Government of India
Ministrv of Railways
Rallway Board


No. 2016/AC-II /21/8/Pt-l New
Delhi dated: 28.08.2017


PFAs,
All Zonal Railways / PUs
Sub- Division/ Railway -wise status of pending pension eases of Normal retirement and Other than normal retirement.
*****

Hon’ble Minister for Railways has expressed concern that there has been inordinate delay in  finalization of pension cases on all units of Indian Railways/Production units. It is desired that immediate Steps be taken to streamline the system in place. A division/Railway-wise status report on pending pension cases of Normal retirement and Other than normal retirement as on 31.3.2017 has been sought. 
It is therefore requested the requisite details may be provided in the following format by mail at jda[at]rb.railnet.gov.in by 31.08.2017.

Railway
Division
Number of pending cases for Settlement of Normal Retirement as on 31.03.2017
Number of pending cases for
Settlement of other
than Normal
Retirement as on 31.03.2017
Reasons for delay





(Vlvek P. Trlpathi)
Director Finance/CCN
Railway Board

Opening of CGHS Wellness Centre (Allopathic) at Kohima Order dated 24 August 2017


GOVT. OF INDIA
MINISTRY OF HEALTH & FAMILY WELFARE
CENTRAL GOVT. HEALTH SCHEME
GOPINATH NAGAR, A.K.AZAD ROAD, GUWAHATI -781 016.

No.A.22012/1/2015/1778
Dated: 24.08.2017
NOTIFICATION

Sub: Opening of a CGHS Wellness Centres (Allopathic) at Kohima-regarding.

This is for information to all eligible Central Govt. Employees, Pensioners & other stake holders that, Central Govt. Health Scheme (CGHS) Wellness Centres sanctioned vide  Govt. of India, Ministry of Health & Family Welfare, CGHS(P) Division Order No.S.11045/1/2013/HEC, New Delhi dated 17th November 2014 will be inaugurated on 4th September 2017 at H.No.MRH/D-67, Paramedical Colony Opp. Paramedical Training Institute, Merhulietsa, Kohima (Nagaland), Pin-797001 to provide comprehensive medical facilities. Date of full functioning expected to be from 1st of October 2017.
The scheme will cover Kohima city, all eligible Central Govt. Employees and their dependent family members, Central Govt. Pensioners and their dependents and others eligible as per CGHS guideline residing in Kohima city. Application for CGHS Plastic Card for serving beneficiaries have to be applied/uploaded online @ cghs1.nic.in by respective offices & submit the hard copy to CGHS WC Kohima. Monthly subscription towards CGHS have to be deducted from the monthly salary of the beneficiary from October 2017 onwards and respective offices submit the contribution to this office either through Demand Draft/Banker Cheque in favour of Additional Director, CGHS, Guwahati or through Book adjustment with PAO, MOH&FW, Kolkata with intimation to this office. All pensioner beneficiary need to visit CGHS WC Kohima for enrollment under CGHS.

The beneficiaries will be able to avail the CGHS facilities through the Wellness Centre during office hours i.e. from 7.30 am to 2.00 pm in all working days except on Sundays/Holidays. 

sd/-
(Dr. H.K. Sonowal)
Addl. Director.


Friday, August 25, 2017

In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy

 Supreme Court’s judgment on Right to Privacy

The Supreme Court on Thursday unanimously declared right to privacy as a “guaranteed fundamental right”. Excerpts of the key conclusions by the top court.

INDIA Updated: Aug 24, 2017 14:24 IST

In a landmark ruling, the Supreme Court on Thursday said Indians have a constitutional right to privacy
In a landmark decision that will affect the lives of all Indians, the Supreme Court on Thursday unanimously declared that individual privacy is a “guaranteed fundamental right”.
The verdict by a nine-judge Constitution bench could now test the validity of Aadhaar, the controversial biometric identification project the government has been pushing but critics have opposed as intrusive. (LIVE updates)
The judgment may also have a bearing on broader civil rights as well as a law criminalising homosexuality. A ban imposed on the consumption of beef in many states and alcohol in some could also come up for review.
Issuing the ruling, the bench said right to privacy was at par with right to life and liberty, and that the verdict will protect citizens’ personal freedom from intrusions by the state.
The bench, headed by chief justice JS Khehar, comprises justices J Chelameswar, SA Bobde, RK Agrawal, RF Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer.
Key conclusions from the judgment:
1. Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence. The dignity of the individual, equality between human beings and the quest for liberty are the foundational pillars of the Indian Constitution;
2. Judicial recognition of the existence of a constitutional right of privacy is not an exercise in the nature of amending the Constitution nor is the Court embarking on a constitutional function of that nature which is entrusted to Parliament;
3. Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone.
4. Personal choices governing a way of life are intrinsic to privacy.
5. ...privacy is not lost or surrendered merely because the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being;
6. Technological change has given rise to concerns which were not present seven decades ago and the rapid growth of technology may render obsolescent many notions of the present. Hence the interpretation of the Constitution must be resilient and flexible to allow future generations to adapt its content bearing in mind its basic or essential features;
7. Like other rights which form part of the fundamental freedoms protected by Part III, including the right to life and personal liberty under Article 21, privacy is not an absolute right. A law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights.
8. Privacy has both positive and negative content. The negative content restrains the state from committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes an obligation on the state to take all necessary measures to protect the privacy of the individual.
9. The right of privacy is a fundamental right. It is a right which protects the inner sphere of the individual from interference from both State, and non-State actors and allows the individuals to make autonomous life choices.
10. The privacy of the home must protect the family, marriage, procreation and sexual orientation which are all important aspects of dignity.
11. ...in a country like ours which prides itself on its diversity, privacy is one of the most important rights to be protected both against State and non-State actors and be recognized as a fundamental right.
12. ...right of privacy cannot be denied, even if there is a miniscule fraction of the population which is affected. The majoritarian concept does not apply to Constitutional rights...
13. Let the right of privacy, an inherent right, be unequivocally a fundamental right embedded in part-III of the Constitution of India, but subject to the restrictions specified, relatable to that part. This is the call of today. The old order changeth yielding place to new
CLICK HERE TO READ FULL JUDGEMENT

Thursday, August 24, 2017

BPS writes dt. 21.8.17 Revision of pre-2016 Pensioners (Civil)_Govt of India.

No. SG/BPS/Pension Revision/.                     Dated: 21.8.2017


1. Shri Arun Jaitley
                Hon'ble Minister of Finance,
                 Union of India, New Delhi.
2. Shri Jitender Singh
                Hon'ble Minister of State (I/C),
                 Prime Minister's Office,
                 Union of India,

                  New Delhi.

      Subject : Revision of pre-2016 Pensioners (Civil)_Govt of India.

Sir,
       Bharat Pensioners Samaj, an All India Federation of Pensioners' Associations of all Central Govt, State Govts, PSUs, EPS 95, Defence(Civil), Autonomous Bodies and NPS pensioners' and a member of International Federation on Ageing, Toronto (Canada), expresses its heartiest gratitude to you and the GOI for Issuing Concordance Tables vide GOI, Ministry of Personnel, PG and Pensions, Deptt of Pension and Pensioners' Welfare, New Delhi no.38/37/2016-P&PW/A) dated 6th July, 2017, which has not only eased the process of revision of pre-2016 pensioners(civil) of all ranks but has given impetus to the Deptts of the Central Govt to finalise and issue of revised PPOs at quick pace  to the pensioners/family pensioners who retired during the currency of 4th& 5th CPC i.e. between 01-01-1986 to 31-12-2005. 

However, it is painful to learn that a unilateral decision has been taken by the Ministries & Departments to do revision of pensions/family pensions in the descending Order from cessation date i.e. starting from pensioners who retired in December,2015 though no such order has been issued either by the Ministry of Finance or the Ministry of Personnel PG,& Pensions-DOP &PW  In this connection, BPS wishes to submit the following for your kind and active consideration:

(a). Pensioners retired in the year 1986 i.e. in the first year of operation of 4th CPC are already in the 90th year of their lives with hardly any residual life left. Similarly pensioner retired in the year 1995 have entered 81st year of their life. Their life spans with innumerable ailments may not be too long and are being deprived of the timely benefits of upward revision of pensions due to incorrect steps taken by officials at the helm of affairs. Pensions of these pensioners were revised during implementation of recommendations of 5th CPC sometimes in 1997-98 and again in 2008-09 consequent to recommendations of 6th CPC. This goes to prove that records are available;

(b)In addition a large number of pensioners have already sent copies of their PPOs and other Documents to their respective departments from which they retired. These PPOs and documents contains details such as Pay scale of the last post held, Post from which retired, Last pay drawn and other required details.

3. In view of the above facts, there seems to be no wisdom in not commencing revision of pensions of pre-2016 pensioners in Ascending order i.e. Older pensioners having retired first. It seems that the decision start of revision of pensions beginning from December,2005 is a game plan to show bogus progress by laying hands on latest records available. Sir, this is being brought to your kind notice so that injustice being done to older pensioners/family pensioners is stopped forthwith. Bharat Pensioners Samaj request that PPOs of older and super old pensioners are revised on top priority.
Hoping for immediate favourable action

Thanking you in anticipation.
Yours faithfully,
Sd/-
S C Maheshwari
Secy Gen BPS



S.C Maheshwari SG BPS visit to DOPW&PW on 03.08.2017

S.C Maheshwari SG BPS visit to DOPW&PW on 03.08.2017
Brief on the meeting with JS & Directors
S.C. Maheshwari SG BPS accompanied by Rameshwar Kumar Treasurer BPS met Joint Secy DOP PW on 3.08.2017 in his office and discussed:
1)The case of specific category Rly Pensioners ivth CPC scale 1400-2300 to corresponding Vth CPC scale 5000-8000 to VIth CPC PB2 GP4200 with reference to file notings of PV Vaidialingam the then Financial Advisor Rly Board. Sh Sanjiv Narain Mathur J S DOP & PW was very receptive & cordial he patiently listened to SG BPS ,studied all the documents put up in support. However, he expressed his inability to intervene and advised to pursue the issue with Rly authorities only.
2. Implementation of revision of pension of pre 2016 Rly pensioners on notional pay basis through ‘ARPAN’ website and also the difficulties being faced in registration on account of varied PPO Nos digital & non digital were explained. JS immediately put SG BPS through to ARPAN authorities on his Mob phone. SG spoke to Dy CAO W.Rly Mr Anand & to Shri. Manoj Mankame (AFA-Pension Portal) .Both the officers dealing with ‘ARPAN’ were explained difficulties being faced by old Rly pensioners in registering for CSTE and ‘ARPAN’ website www.arpan.railnet.gov.in & the implications of revising PPOs of last retirees first (i.e the youngest in age). They were requested to revise the PPOS of first retirees first i.e.oldest first. Both officers assured to resolve the difficulties soon.
After discussion with JS. SG BPS moved to the Chamber of Director (PP) Shri Harjit Singh and discussed the BPS demands viz 1) GP 4600 to all pre 2006 pensioners retired from pre revised scale of 6500-10500 & 2) Extension of SC judgment to all similarly placed pensioners (With reference to BPS Letter No. SG/BPS/judg/benefit/17/1 dt.17.07.2017 to i)The Secretary, M/O Finance Department of Expenditure ii) The Secretary (P), Department of Personnel & Training, & iii) The Joint Secretary,GOI M/O Personnel, PG & Pension-DOP&PW)
With reference to item 1) The Director informed that the file has been sent to DOE recommending the case. Regarding item 2) Though the Director expressed ignorance about the Judgements refered by BPS, he assured to get the details & the demand looked into. There after SG BPS met Director (P) MS Seema Gupta and requested her to request Ministry of Rlys not to seek Service &LPD details from Rly Pensioners for PPO revision as i) this is not in accordance with the procedural order of DOE and ii) that Family Pensioners & the Pensioners residing in remote areas may not be able to provide the details asked for. She assured to take up the matter & Subsequently issued OM 0.4/23/2017- P&PW (D) Dated 7thAugust, 2017 to all concerned. SG BPs also paid curtsey visit to Director MS Sujasa Choudhry,Under Secretaries and the consultants presenting them latest publications of Bharat Pensioners Samaj (BPS).

Wednesday, August 23, 2017

Rly Board22.8.2017 Revision of Pension of pre 2016 pensioners


Government of India
Ministry of Railways
Railway Board
RBA No. 117 /2017
No. 2016/AC-II /21/8/PT-III
New Delhi dated : 22. 08.2017
GMs/CPOs/PFAs
All Zonal Railways / PUs

Sub:- Revision of Pension of Pre-2016 pensioners/family pensioners as per 7th CPC.

Ref: 1.DoP&PW’s OM no. 4/23/2017-P&PW(D) dated 7.8.2017.
2. RBA NO. 108/2017 Dated 04.08.2017.

Please find enclosed a copy of DOP&PW’s OM ibid wherein it has again been stressed that the pension cases may be suo-moto processed based on the details available without insisting for submission of any additional information or documents from the pensioners.
Further, Finance Secretary has reviewed the progress made in revision of pension cases and has expressed concern about the progress. It is desired that clear timelines may be drawn to complete the exercise and the progress be monitored on a weekly basis.
It is therefore requested that the timelines drawn and weekly progress made may be communicated to Board by mail at 7cpcac2rb[at]gmail.com
DA:As above
(Vivek.P. Tripathi)
Director Finance/CCA
Railway Board






Tuesday, August 22, 2017

PFRDA 10.8.2017– Exits and Withdrawals under the National Pension System) (First Amendment) Regulations, 2017


PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY
NOTIFICATION
New Delhi, the 10th August, 2017
Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) (First Amendment) Regulations, 2017
No. PFRDA/12/RGL/139/8.—in exercise of the powers conferred by sub-section(1) of Section 52 read with sub-clause(g), (h), and (i) of sub-section 2 of Section 52 of the Pension Fund Regulatory and Development Authority Act, 2013 (Act No.23 of 2013), the Pension Fund Regulatory and Development Authority hereby makes the following regulations to amend the Pension Fund Regulatory and Development Authority(Exits and Withdrawals under the National Pension System) Regulations, 2015 namely,-
1. These regulations may be called the Pension Fund Regulatory and Development Authority (Exits and Withdrawals under the National Pension System) (First Amendment) Regulations, 2017.
2. These shall come into force on the date of their publication in the official gazette.
3. In the Pension Fund Regulatory and Development Authority(Exits and Withdrawals under the National Pension System) Regulations, 2015:-
(I) In regulation 2, in sub-regulation (1), the following new clauses shall be added after sub-clause (j)-
(k) “Exit ” for the purpose of this regulation shall mean closure of individual pension account of the subscriber under National Pension System, upon and on the date of happening of any of the following events, as may be applicable:
(i) a subscriber having superannuated/retired from employment, as per the terms of such employment;
(ii) a subscriber having attained the age of sixty years, and where so specifically permitted has not exercised a choice in writing to continue to remain subscribed to such system, till such further period as is permissible, with or without making contributions;
(iii) death of the subscriber before attaining the age of superannuation, or the age of sixty years, or in cases where an option has been exercised by subscriber to continue to remain subscribed to a certain permissible time period, death before expiry of such period ;
(iv) voluntary closure of the account by the subscriber, in cases where so permitted and on the date on which such closure is effected in the system;
Provided that a subscriber shall be deemed to have exited from National Pension System, in accordance with sub-clause (i) to (iv) notwithstanding that no claims have been received by or on behalf of the subscriber or such claims having being received are pending settlement.
Provided further that where a subscriber ceases to be in employment other than retirement or superannuation, it shall not be treated as exit and he shall have the option to continue his individual pension account, if available under new employment or as voluntarily available to citizens, unless the subscriber prefers a claim as provided under these regulations for withdrawal of benefits.
(l) The expression “defer” or “deferment” wherever used in these regulations shall mean the postponement or deferment of claims for receiving benefits admissible to a subscriber upon exit from National Pension System.
(II) Regulation 3 shall be substituted as follows –
3. Exit from National Pension System for government sector subscribers.-A subscriber under the government sector shall exit from the National Pension System in any of the manners specified hereunder, namely:-
(a) Where the subscriber who, upon attaining the age of superannuation as prescribed by the service rules applicable to him or her, retires, then at least forty per cent. out of the accumulated pension wealth of such subscriber shall be mandatorily utilized for purchase of annuity providing for a monthly or any other periodical pension and the balance of the accumulated pension wealth, after such utilization, shall be paid to the subscriber in lump sum or he shall have a choice to collect such remaining pension wealth in accordance with the other options specified by the Authority from time to time, in the interest of the subscribers:
Provided that,-
(i) the following shall be the default annuity contract that will be applicable and wherein the annuity contract shall provide for annuity for life of the subscriber and his or her spouse
(if any) with provision for return of purchase price of the annuity and upon the demise of such subscriber, the annuity be re-issued to the family members in the order specified hereunder, at a premium rate prevalent at the time of purchase of such annuity by utilizing the purchase price required to be returned under the annuity contract ( until all the family members in the order specified below are covered) :
(a) living dependent mother of the deceased subscriber;
(b) living dependent father of the deceased subscriber.
After the coverage of all the family members specified above, the purchase price shall be returned to the surviving children of the subscriber and in the absence of children, the legal heirs of the subscriber, as may be applicable; In the absence of or non-availability of such a default annuity for any reason, the subscriber shall be required to exercise the option for purchase of such annuity of his choice, within the then annuity types or contracts made available by the annuity service providers empanelled by the Authority.
Further, a subscriber who wishes to opt out of the default option mentioned above and wishes to choose the annuity contract of his choice from the available annuity types or contracts with the annuity service providers, shall be required to specifically opt for such an option.
(ii) where the subscriber does not desire to withdraw the balance amount, after purchase of mandatory annuity, such subscriber shall have the option to defer the withdrawal of the lump sum amount until he or she attains the age of seventy years, provided the subscriber intimates his or her intention to do so in writing, not less than fifteen days prior to his attaining the age of superannuation, to the Central recordkeeping agency or National Pension System Trust or any other approved intermediary or entity authorized by the Authority, in the specified form or in any other manner specified by the Authority;
(iii) where the subscriber desires to defer the purchase of annuity, he or she shall have the option to do so for a maximum period of three years from the date of attainment of age of superannuation, provided the subscriber intimates his or her intention to do so in writing in the specified form or in any other manner approved by the Authority, at least fifteen days prior to the attainment of age of superannuation, to the Central recordkeeping agency or National Pension System Trust or an intermediary or entity authorized by the Authority for this purpose. It shall be a condition precedent to opt for such deferment of annuity purchase, that in case if the death of the subscriber occurs before such due date of purchase of an annuity after the deferment, the annuity shall mandatorily be purchased by the spouse(if any) providing for annuity for life of the spouse with provision for return of purchase price of the annuity and upon the demise of such spouse, be re-issued to the family members in the order of preference provided hereunder, at a premium rate prevalent at the time of purchase of the annuity, utilizing the purchase price required to be returned under the contract ( until all the members given below are covered):-
(a) living dependent mother of the deceased subscriber ;
(b) living dependent father of the deceased subscriber.
After the coverage of all such members, the purchase price shall be returned to the surviving children of the subscriber and in absence of children to the legal heirs of the subscriber as applicable;
(iv) where the subscriber desires to defer the withdrawal of benefits available under National Pension System, the expenses, maintenance charges and fee payable under the National Pension System in respect of the individual pension account/ Permanent Retirement Account, shall continue to remain applicable;.
(v) where the accumulated pension wealth in the Permanent Retirement Account of the subscriber is equal to or less than a sum of two lakh rupees, or a limit as specified by the Authority, basing on the instructions issued by the appropriate regulator on the minimum value of annuities to be made available by the life insurers, the subscriber shall have the option to withdraw the entire accumulated pension wealth without purchasing annuity and upon such exercise of this option, the right of such subscriber to receive any pension or other amount under the National Pension System or from the government or employer, shall extinguish;
(vi) where the subscriber desires to continue in the National Pension System and contribute to his retirement account beyond the age of sixty years or the age of superannuation, he or she shall have the option to do so by giving in writing or in such form as may be specified, and up to which he would like to contribute to his individual pension account but not exceeding seventy years of age. Such option shall be exercised at least fifteen days prior to the age of attaining sixty years or age or superannuation, as the case may be, to the central recordkeeping agency or the National Pension System Trust or any other intermediary or entity authorized by the Authority for the purpose. Upon exercise of the option, the other options of deferment of benefits shall not be available to such a subscriber.
Notwithstanding exercise of such option, the subscriber may exit at any point of time from National Pension System, by submitting a request to central recordkeeping agency or the National Pension System Trust or any intermediary or entity authorized by the Authority for the purpose ;
(b) where the subscriber who, before attaining the age of superannuation prescribed by the service rules applicable to him or her, voluntarily retires or exits, then at least eighty per cent. out of the accumulated pension wealth of the subscriber shall mandatorily be utilized for purchase of annuity and the balance of the accumulated pension wealth, after such utilization, shall be paid to the subscriber in lump sum or he shall have a choice to collect such remaining pension wealth in accordance with the other options specified by the Authority from time to time, in the interest of the subscribers:
Provided that such annuity contract shall provide for annuity for life of the subscriber and his or her spouse (if any) with provision for return of purchase price of the annuity and upon the demise of such subscriber the annuity be re-issued to the family members in the order specified hereunder at a premium rate prevalent at the time of purchase of the annuity, utilizing the purchase price required to be returned under the annuity contract (until all the members given below are covered) :-
(i) living dependent mother of the deceased subscriber ;
(ii) living dependent father of the deceased subscriber.
After the coverage of all such members, the purchase price shall be returned to the surviving children of the subscriber and in the case of absence of children, to the other legal heirs of the subscriber, as may be applicable; In the absence of or non-availability of such a default annuity for any reason, the subscriber shall be required to exercise the option for purchase of such annuity of his choice, within the then annuity types or contracts made available by the annuity service providers empanelled by the Authority.
Further, a subscriber who wishes to opt out of the option mentioned above and wishes to choose the annuity contract of his choice, from the available annuity types or contracts with the annuity service providers , shall be required to specifically opt for such an option.
Provided that if the accumulated pension wealth of the subscriber is more than one lakh rupees or a limit to be specified by the Authority for the purpose but the age of the subscriber is less than the minimum age required for purchasing any annuity from any of the empanelled annuity service providers as chosen by such subscriber, such subscriber shall continue to be subscribed to the National Pension System, until he or she attains the age of eligibility for purchase of any annuity:
Provided further that if the accumulated pension wealth of the subscriber is equal to or less than one lakh rupees or a limit to be specified by the Authority basing on the instructions issued by the appropriate regulator on the minimum value of annuities to be made available by the life insurers, such subscriber shall have the option to withdraw the entire accumulated pension wealth without purchasing any annuity and upon such exercise of this option the right of the subscriber to receive any pension or other amounts under the National Pension System shall extinguish and any such exercise of this option by the subscriber, before the notification of this provision, , shall be deemed to have been made in accordance with this regulation;
(c) where the subscriber who, before attaining the age of superannuation, dies, then at least eighty percent out of the accumulated pension wealth of the subscriber shall be mandatorily utilized for purchase of annuity and balance pension wealth shall be paid as lump sum or in another manner from among the options made available by the Authority from time to time to the nominee or nominees or legal heirs, as the case may be, of such subscriber:
Provided that,-
(i) such annuity contract shall provide for annuity for life of the spouse of the subscriber (if any) with provision for return of purchase price of the annuity and upon the demise of such spouse be re-issued to the family members in the order specified hereunder at the premium rate prevalent at the time of purchase of the annuity, utilizing the purchase price required to be returned under the contract (until all the members given below are covered):-
(a). living dependent mother of the deceased subscriber ;
(b) living dependent father of the deceased subscriber .
After the coverage of all such members, the purchase price shall be returned to the surviving children of the subscriber and in absence of children, the legal heirs of the subscriber as applicable. In the absence of or non-availability of such a default annuity for any reason, the subscriber shall be required to exercise the option for purchase of such annuity of his choice, within the then annuity types or contracts made available by the annuity service providers empanelled by the Authority.
(ii) Provided further that if the accumulated pension wealth in the permanent retirement account of the subscriber at the time of his death is equal to or less than two lakh rupees or a limit to be specified by the Authority, basing on the instructions issued by the appropriate regulator on the minimum value of annuities to be made available by the life insurers, the nominee or legal heirs as the case may be, shall have the option to withdraw the entire accumulated pension wealth without requiring to purchase any annuity and upon such exercise of this option the right of the family members to receive any pension or other amounts under the National Pension System shall extinguish;
(III) (i) Proviso (i) to Sub-clause (a) of Regulation 4 shall be substituted as follows –
Provided that,-
(i) where the subscriber desires to continue in the National Pension System and contribute to his retirement account beyond the age of sixty years or the age of superannuation, he or she shall have the option to do so by giving in writing or in such form as may be specified of the age not exceeding seventy years and up to which he would like to contribute to his individual pension account. Such option shall be exercised at least fifteen days prior to attaining the age of sixty years or age of superannuation, as the case may be, to the central recordkeeping agency or the National Pension System Trust or any other intermediary or entity authorized by the Authority for the purpose. Upon exercise of the option, the other options of deferment of benefits shall not be available to such a subscriber.
Notwithstanding exercise of such option, the subscriber may exit at any point of time from the National Pension System, by submitting a request to National Pension System Trust or any intermediary or entity authorized by the Authority for the purpose;
(ii) Proviso to sub-clause (b) of Regulation 4 shall be substituted as follows:
Provided further that if the accumulated pension wealth in the individual pension account of the subscriber is equal to or less than one lakh rupees, or a limit to be specified by the Authority, basing on the instructions issued by the appropriate regulator on the minimum value of annuities to be made available by the life insurers, such subscriber shall have the option to withdraw the entire accumulated pension wealth without requiring to purchase any annuity;
(iii) proviso (ii) to sub-clause (c) of clause (ii) of Regulation 4 shall be substituted as follows:
(ii) in case, the nomination is not registered by the deceased subscriber before his death, the accumulated pension wealth shall be paid to the family members on the basis of the legal heir certificate issued by the competent authorities of the State concerned or the succession certificate issued by a court of competent jurisdiction.
(IV) Sub-clause (b) of Regulation 5 shall be substituted as follows:
(b) at any time, before attaining the age of sixty years, subject however that at least eighty percent out of the accumulated pension wealth shall be mandatorily utilized for purchase of annuity and the balance of the accumulated pension wealth, after such utilization shall be paid to the subscriber in lump sum or he shall have a choice to collect such remaining pension wealth in accordance with the other options specified by the Authority from time to time, in the interest of the subscribers;
Provided that for a Swavalamban subscriber, the annuity purchased by utilizing the mandatory minimum of eighty percent out of the accumulated pension wealth ought to yield at least a monthly annuity or pension of one thousand rupees per month, failing which the entire accumulated pension wealth shall be annuitised in such a manner so as to yield at least a monthly annuity or pension of one thousand rupees and balance if any thereafter shall be paid as lump sum to the subscriber. However there shall be no implicit or explicit guarantee that the annuity purchased even with entire accumulated pension wealth would yield a monthly annuity or pension of one thousand rupees;
Provided that subject to the provisions of this clause, where the accumulated pension wealth does not exceed one lakh rupees or a limit to be specified by the Authority basing on the instructions issued by the appropriate regulator on the minimum value of annuities to be made available by the life insurers, the whole of the pension wealth up to the limit so specified shall be paid to the subscribers who have not availed any Swavalamban co-contribution, without any requirement of annuitisation and further this provision shall be applicable to a subscriber who has availed a Swavalamban co-contribution only if such subscriber has continued in the scheme for a minimum period of twenty-five years;
Provided further that the migration of Swavalamban subscriber or subscribers to any other pension scheme of Government of India and as approved by the Authority shall not be deemed as an exit and withdrawal for the purposes of these regulations.
(V) Regulation 6 shall be substituted with the following :
6. Conditions to apply for exit and withdrawal.- A subscriber registered under the National Pension System shall not exit there from, and no withdrawal from the accumulated pension wealth in the Tier-1 of the Permanent Retirement Account of such subscriber shall be permitted, except in the manner so specified under regulations 3,4, 5 and 8 and further as mentioned in these provisions, namely:-
(ii) Sub-regulation(e) shall be substituted with the following:
(e)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 or employer, the Government or employer shall have the 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 or employer, in lieu of enjoying or obtaining such additional reliefs like family pension or disability pension or any other pensionary benefit from such Government or employer. With the release of such family pension to the eligible family members of the deceased subscriber, the right to claim any benefits under the National Pension System, by any person shall extinguish thereupon including the rights of the nominee as recorded for the purpose of receiving benefits under National Pension System.
(iii) Sub-regulation(h) shall be substituted with the following:
(h) Upon exit of a subscriber from tier-I of the National Pension System, the tier-II account of the subscriber shall also be simultaneously closed and amounts under the said account shall be paid to the subscriber or his nominees or legal heirs as the case may be.
(i) With respect to subscribers who have not submitted the withdrawal application as is required under regulation 7 and within one month from the date of attainment of the age of sixty years or the age of normal superannuation as the case may be, for withdrawal of benefits upon exit from national pension system, the accumulated pension wealth in the account of such subscriber (both under tier I and tier II) would be monetized and kept separately as per the guidelines or directions issued by the Authority for the said purpose. The income earned from such safe keeping of the monetized accumulated pension wealth of the subscriber shall form part of the benefits that the subscriber is entitled under the National Pension System. This provision shall apply in respect of such subscribers who have deferred the withdrawal of benefits or have partly withdrawn the benefits and have not taken the steps to completely withdraw the benefits as is required under the regulations and or in the guidelines or directions issued by the Authority for the purpose.
(iii) Under Regulation 6 new sub-regulation (j) after sub-regulation (i) shall be added as follows:
(j) With respect to settlement of claims arising out of the accumulated pension corpus of deceased subscribers, where no valid nomination as specified in these regulations exist on the date of death, the Authority may issue suitable directions in the interest of subscribers for settlement of such claims in favour of the family members of the deceased subscriber, up to a specified limit, by requiring such heirs to submit such documents as may be specified.
(V) Regulation 7 shall be substituted as follows: –
7. Conditions of withdrawals under National Pension System.- a subscriber shall submit the withdrawal application along with the required documents, for the purpose of withdrawing the benefits upon exit as provided in these regulations, on or before the expected date of exit from the National Pension System to the National Pension System Trust or the central recordkeeping agency, acting on behalf of it or any other entity authorized by the Authority. central recordkeeping agency or National Pension System Trust may on receipt of such an application for exit or withdrawal from a subscriber in the specified form and subject to fulfillment of conditions so specified, may allow exit or withdrawals from the National Pension System in the mode and manner permitted under these regulations and guidelines, circulars, orders or notifications issued by the Authority for the purpose:
(VI) Regulation 8 shall be substituted as follows:-–
8. The following withdrawals shall be permitted under National Pension System.- (1) A partial withdrawal of accumulated pension wealth of the subscriber, not exceeding twenty-five per cent. of the contributions made by the subscriber and excluding contributions made by employer, if any, at any time before exit from National Pension System subject to the terms and conditions, purpose, frequency and limits specified below:-
(A) Purpose: A subscriber on the date of submission of the withdrawal form, shall be permitted to withdraw not exceeding twenty-five percent. of the contributions made by such subscriber to his individual pension account, for any of the following purposes only:-
(a) for Higher education of his or her children including a legally adopted child;
(b) for the marriage of his or her children, including a legally adopted child;
(c) for the purchase or construction of a residential house or flat in his or her own name or in a joint name with his or her legally wedded spouse. In case, the subscriber already owns either individually or in the joint name a residential house or flat, other than ancestral property, no withdrawal under these regulations shall be permitted;
(d) for treatment of specified illnesses: if the subscriber, his legally wedded spouse, children, including a legally adopted child or dependent parents suffer from any specified illness, which shall comprise of hospitalization and treatment in respect of the following diseases:
(i) Cancer;
(ii) Kidney Failure (End Stage Renal Failure);
(iii) Primary Pulmonary Arterial Hypertension;
(iv) Multiple Sclerosis;
(v) Major Organ Transplant;
(vi) Coronary Artery Bypass Graft;
(vii) Aorta Graft Surgery;
(viii) Heart Valve Surgery;
(ix) Stroke;
(x) Myocardial Infarction
(xi) Coma;
(xii) Total blindness;
(xiii) Paralysis;
(xiv) Accident of serious/ life threatening nature.
(xv) any other critical illness of a life threatening nature as stipulated in the circulars, guidelines or notifications issued by the Authority from time to time.
(B) Limits: the permitted withdrawal shall be allowed only if the following eligibility criteria and limit foravailing the benefit are complied with by the subscriber:-
(a) the subscriber shall have been in the National Pension System at least for a period of three years from the date of his or her joining;
(b) the subscriber shall be permitted to withdraw accumulations not exceeding twenty-five per cent of the contributions made by him or her and standing to his or her credit in his or her individual pension account, as on the date of application for withdrawal;
(C) Frequency: the subscriber shall be allowed to withdraw only a maximum of three times during the entire tenure of subscription under the National Pension System. The request for withdrawal shall be submitted by the subscriber, along with relevant documents to the central recordkeeping agency or the National Pension System Trust, as may be specified, for processing of such withdrawal claim through their nodal office. Provided that where a subscriber is suffering from any illness, specified in sub-clause (d), the request for withdrawal may be submitted, through any family member of such subscriber.
(2) A subscriber having a valid and active Tier-II account of the Permanent Retirement Account can withdraw the accumulated wealth either in full or part, at any time by applying for such withdrawal, on such application form and in such mode and manner, as may be specified by the Authority in this behalf. There shall be no limit on such withdrawals till the account has sufficient amount of accumulated pension wealth to take care of the applicable charges and the withdrawal amount.
Provided that the Tier-II account shall stand automatically closed at the time of exit of the subscriber from the National Pension System, even if an application so specified for the purpose has not been received from the subscriber, and the accumulated wealth in such account shall be transferred to the bank account provided by the subscriber, while submitting his application for exit from the National Pension System.
(VII) Regulation 9 shall be substituted as follows:-–
9. Withdrawal process.- (1) The National Pension System Trust or any other intermediary or entity authorized by the Authority for the said purpose shall be responsible for processing, authorizing and approving the withdrawal and exit claims lodged by the subscriber in accordance with the provisions of the Act, regulations, directions, guidelines issued by the Authority and the Pension Fund Regulatory and Development Authority (National Pension System Trust) Regulations, 2015, where applicable. The National Pension System Trust shall frame and issue suitable operational processes including online processes or guidelines including the exit or withdrawal forms for facilitating withdrawals and Exit of subscribers from National Pension System after taking due approval from the Authority.
(VIII) Sub -regulation (1) of Regulation10 shall be substituted as follows:-–
10. Conditions of annuity purchase upon exit.- (1) The subscriber, at the time of exit, shall mandatorily purchase an annuity providing for a monthly or periodical annuity or pension as specified in these regulations, excepting those cases where exempted or provided otherwise and to the extent so exempted. Such annuity shall be purchased from an annuity service provider who is empanelled by the Authority.
(IX) In regulation 32, in the proviso, the following a new sub-clause (xii) shall be added after sub-clause (xi)-
(xii). In respect of subscribers covered under sub-clause(c) of Regulation 3 and sub-clause(c) of Regulation 4, where no valid nomination exists in accordance with these regulations, at the time of exit of such subscriber on account of death, the nomination, if any existing in the records of such subscriber with his or her employer for the purpose of receiving other admissible terminal benefits shall be treated as nomination exercised for the purposes of receiving benefits under the National Pension System. The employer shall send a confirmation of such nomination in its records, to the National Pension System Trust or the central recordkeeping agency, while forwarding the claim for processing.
(X) Regulations 33 and 34 shall be omitted
(XI) Regulation 35 shall be substituted as follows:-
35. Providing bank account details.- A subscriber seeking benefits upon exit or withdrawals as permitted under these regulations shall provide the Bank details mandatorily apart from details or copy of Aadhar card issued by Unique Identification Authority of India or details of or copy of Permanent Account Number (PAN) card issued by Income-Tax Department, in order to have the facility of credit of the eligible benefits directly in to the subscriber’s or claimants Bank account as applicable.
(XII) Regulation 37 shall be substituted as follows: –
37. Stoppage of last month’s deductions by employer.- The monthly contribution consisting of both the employer and employee, as may be applicable and that is required to be deducted for crediting to the subscribers account under the National Pension System by the employers from the salary of such subscriber shall be stopped at least one month prior to the date of superannuation. The employer shall pay such eligible contributions directly to the employee subscriber along with the monthly salary or remuneration that such subscriber is eligible to receive from the employer.
(XIII) Regulation 39 shall be substituted as follows: –
39. Power of the Authority to issue directions and clarifications.-(1)The Authority shall have the power to issue necessary directions, restricting the provisions relating to withdrawals and exit, as the case may be, under these regulations for complying with any requirements to move from any other pension or superannuation schemes or funds to the National Pension System.
(2) The Authority shall also have the power to issue clarifications and guidelines in order to remove any difficulties in the application or interpretation of these regulations or any provision thereof.
HEMANT G. CONTRACTOR, Chairperson
[ADVT.-III/4/Exty./179/17]