Implementation of Govt’s decision on the recommendations of the Sixth Central Pay Commission – Revision of Pension of Pre-2006 Pensioners/Family Pensioners
Registered/AD
Important Circular No.62
No.GI/C/0198/VOL-II/Tech
O/o The Pr.C.D.A.(Pension)
Allahabad 211014
Date: 12 November, 2008
subject: Implementation of Govt’s decision on the recommendations of the Sixth Central Pay Commission – Revision of Pension of Pre-2006 Pensioners/Family Pensioners etc.
Reference: This office Circular No.57 dated 17.09.2008
Attention is invited to the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare (P&PW) O.M.F.NO. 38/37/08/P&PW (A) dated: 1st September 2008 circulated under this office circular no. cited under reference for implementation of the provisions contained in Para-4.1 of the above said Govt OM. Subsequently, the Department of P&PW have prescribed vide their OM of even No. Dated 14.10.2008, the procedure for revision of pension/family pension in terms of para 4.2 of their OM dated 01.09.2008. In line with this procedure, the following instructions are issued for revision in terms of Para 4.2 of Deptt. of P& PW OM F.NO. 38/37/08/P&PW (A) dated 1st September 2008 read with their OM dated 14-10-2008, in respect of Pre-2006 Defence civilian pensioners/family pensioners.
2. It will be the responsibility of Pension Disbursing Agencies to revise and disburse the enhanced pension and arrears in terms of Para-4.2 of the O.M. dated 01-09-2008.A revised concordance table (Annexure-I) of the pre-1996, pre-2006 and Post-2006 pay scales/pay bands is enclosed to facilitate payment of revised pension/family pension in terms of Para-4.2. of the O.M. dated.01-09-2008 in all cases where fixation of pension under that provision is more beneficial. Some illustrations for calculation of pension/family pension in terms of Para 4.2 ibid have been given in Annexure-II. Dearness relief at the rates notified from time to time will also be admissible on such revised pension. All the Pension Disbursing Agencies are requested to revise and disburse the enhanced pension (with dearness relief) and arrears in terms of Para-4.2 of the O.M. dated. 01-09-2008 within one month from the date of issue of this Circular. A suitable entry regarding the revised pension shall be recorded by the Pension Disbursing Agencies in the Pension records of the pensioners viz Pension Payment order, Check register/Pension Payment scroll register. An intimation regarding disbursement of revised pension may be sent by Pension Disbursing Agencies to this office in the form given at Annexure-III so that we can update our record. An acknowledgement shall be given by this office to the PDA in token of having received Annexure-III.. A copy of the said Annexure-III may also be invariably provided by the PDA to the pensioners concerned for their information.
3.In case information regarding date of birth, scale of pay or the qualifying service is not available with Pension Disbursing Agencies, the same may be obtained by the Pension Disbursing Agencies from the Head of offices (HOOs)/ PCDA (Pensions) Allahabad in the format indicated at Annexure-IV HOOs/PCDA (Pensions)Allahabad will provide the requisite information from the available records within two weeks of the receipt of request. Correspondence seeking information from PCDA (Pensions) Allahabad may be addressed by name to Shri V.N. Singh, SAO I/C G-I Civil Pension Revision Cell.
4.The additional pension to old pensioner/family pensioner (where the date of birth is available in the PPO) will be paid immediately by the PDAs. Suitable guidelines on the methodology to be adopted for payment of additional pension to old pensioners in cases where the date of birth is not available in the PPO as well as in the office records
of HOOs/ PCDA (Pensions) Allahabad will be issued separately.
5. Further in response to a number of references seeking clarifications in regard to various provisions of their O.M. No.38/37/08-P&PW (A), dated 01-09-2008, Department of Pension & Pensioners Welfare have issued clarification vide their OM F.NO.38/37/08-P & PW (A) Pt-I dated 03-10-2008, a copy of which is enclosed which may be kept in view while disposing of the cases of revision of pension/family pension.
( Raminder Singh)
ACDA (Pension)
Annexure -I
Annexure-II (Pension)
Annexure-III (Defence Civilian)
Annexure-IV (Defence Civilian)-Form for Seeking Information
F.Go.38/37/08-P&PW(A).pt.1
Government Of India
Ministry of personnel, public Grievances & Pensions
Department of Pension & Pensioners Welfare
Lok Nayak Bhawan, New Delhi – 110 003
Dated the 3rd October, 2008
OFFICE MEMORANDUM
Sub: Implementation of Governments decision on the recommendations of the Sixth Central Pay Commission Revision of pension of Pre-2006 Pensioners/Family Pensioners etc.
The undersigned is directed to say that in pursuance of Government’s decision on the recommendations of Sixth Central Pay Commission, sanction of the president was accorded to the regulation, with effect from 1.1.2006, of pension/family pension of all the pre-2006 pensioners/family pensioners in the manner indicated in this Department’s O.M.No.38/37/08-P&PW(A) dated 1.9.2008. A number of references are being received in this Department seeking clarifications in regard to various provisions of the aforesaid O.M.The matter has been considered in consultation with the Ministry of Finance, Department of Expenditure and the following clarifications/modifications are made in regard to the aforesaid O.M.dated 1.9.2008:
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Provision in the OM No.38/37/08-P&PW(A) dated 1.9.2008 |
Clarification/Modification |
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3.1 In these orders:
a. Existing pensioner or Existing family pensioner means a pensioner who was drawing/entitled to pension/family pension on 31.12.2005.
b. Existing pension means the basic pension inclusive of commuted portion, if any, due on 31.12.2005. It covers all classes of pension under the CCS (Pension) Rules, 1972 as also Disability Pension under the CCS (Extraordinary Pension) Rules and the corresponding rules applicable to Railway employees and Members of all India Services.
c. Existing family pension means the basic family pension drawn on 31.12.2005 under the CCS (Pension) Rules and the corresponding rules applicable to Railway employees and Members of all India Services. |
The existing pensioner or existing family pensioner would include a pensioner/family pensioner who became entitled to pension/family pension w.e.f. 1.1.2006 consequent on retirement/death of Government servant on 31.12.2005.
Similarly, existing pension or existing family pension would include a pension/family pension which became due w.e.f. 1.1.2006 consequent on retirement/death of Government servant on 31.12.2005. |
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4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the Pre-revised pay scale from which the pensioner had retired. |
The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum of the pay in the pay band (irrespective of the pre-revised scale of Pay) plus the grade pay corresponding to the pre-revised pay scale. For example, if a pensioner had retired in the pre-revised scale of pay of Rs.18400-22400, the corresponding pay band being Rs.37400-67000 and the corresponding grade pay being Rs.10,000/- p.m., his minimum guaranteed pension would be 50% of Rs.37,400 + Rs.10,000 (i.e.Rs.23,700). A statement indicating the minimum pension corresponding to each of the pre-2006 scales of pay is enclosed at Annexure.
The pension will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable on 01.01.2006 and in no case it will be less than Rs.3500/- p.m.
In case the pension consolidated as per para 4.1 of OM.No.38/37/08-P&PW(A) dated 1.9.2008 is higher than the pension calculated in the manner indicated above, the same (higher consolidated pension) will be treated as Basic Pension. The fixation of family pension will be subject to the provision that the revised family pension, in no case, shall be lower than thirty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale in which the pensioner/deceased Government servant had last worked. In case the family pension consolidated as per para 4.1 of OM.No.38/37/08-P&PW(A) dated 1.9.2008 is higher than the family pension calculated in the manner indicated above, the same (higher consolidated family pension) will be treated as Basic family pension. |
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4.5 the quantum of family pension available to the old pensioners/family pensioners shall be increased as follows:-
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(i) The additional quantum of pension/family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of the month in which his date of birth falls. For example, if a pensioner/family pensioner completes age of 80 years on any date in the month of August, 2008, he will be entitled to additional Pension/family pension w.e.f. 1.8.2008. those pensioners/family pensioners whose date of birth is 1st August, will also be entitled to additional pension/family pension w.e.f. 1.8.2008 on attaining the age of 80 years and above.
(ii) Dearness Relief will also be admissible on the additional quantum of pension available to the old pensioners, in accordance with the orders issued from time to time. |
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4.6 some of the existing pensioners who retired between 31.3.1985 and 31.12.1985 are in receipt of personal pension. The said personal pension will continue to be granted as a separate element and will not be merged into the pension as consolidated above. |
Personal pension was discontinued vide Department of pension & PW O.M.No.45/86/97-P&PW(A) (Pt.IV) dated 21.9.2000. Therefore, this para may be treated as deleted. |
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5.1 where the consolidated pension/family pension in terms of paragraph 4 above works out to an amount less than Rs.3500/- the same shall be regarded as pension/family pension with effect from 1.1.2006. In the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500/- will apply to the total of all pensions taken together. |
It was clarified in Department of pension & PW O.M.No.38/38/02-P&Pw(A) (Pt.IV) dated 23.4.2003 that in respect of civil and military pension, the floor ceiling taking the two pensions together will not apply and the individual pensions will be governed by respective pension rules. These instructions would continue to apply in the context of revised floor ceiling of Rs.3500/- p.m. Accordingly; the floor ceiling of Rs.3500 will apply individually to the civil and military pension.
In case, a person is in receipt of pension as well as family pension, the floor ceiling of Rs.3500 will apply individually to such pension and family pension. (Para 5.1 will stand modified to this extent) |
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5.2 where the disability pension under the CCS(EOP) Rules, is drawn in addition to invalid pension under the CCS (Pension) Rules, 1972, the minimum limit of Rs.3500/- will apply to total of two pensions as indicated in paragraph 5.1 where the disability pension is drawn in isolation, the minimum limit of Rs.3500/- will apply for 100% disability. For lesser degree of disability the minimum limit will be proportionately less. |
It was clarified in Department of pension & PW O.M.No.45/86/87-P&PW(A) dated 7.8.2001 that the element of disability pension and invalid pension may be treated as distinct pensions. The invalid pension may continue to be regulated as per the CCS (Pension) Rules subject to certain minimum amount* and the extraordinary disability pension may continue to be treated as a separate element and this should be fixed as per the degree of disability. This will be subject to the further condition that the amount of disability pension and invalid pension should in no case exceed the last pay drawn. These instructions would continue to apply in the context of revised minimum pension of Rs.3500/- p.m. Para 5.2 will stand modified to this extent.
(* certain minimum amount refers to the amount calculated as per the provisions of Rule 49(2)(C) of CCS(Pension) Rules 1972.) |
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6. the employed/re-employed pensioners/family pensioners are not getting dearness relief on pension at present under the extant orders. In their case the notional dearness relief which would have been admissible to them but for their employment/re-employment will be taken into account for consolidation of their pension in terms of paragraph 4.1 above as if they were drawing the dearness relief. Their pay will be re-fixed w.e.f. 1.1.2006 with reference to consolidated pension becoming admissible to them. Dearness relief beyond 1.1.2006 will, however, not be admissible to them during the period of employment/re-employment. |
Instructions were issued vide Department of pension & PW OM No.45/7397-P&PW(G) dated 2.7.1999 for regulation of dearness relief when pay on re-employment is fixed at the minimum ignoring the full pension and also for regulation of dearness relief of employed family pensioners. These instructions would continue to apply in the context of revised pension on implementation of the recommendations of the Sixth Central Pay Commission. Para 6 will stand modified to this extent. |
2. It is impressed upon all the Ministries/Departments of the Government of India to keep in view the above clarifications while disposing of the cases of revision of pension/family pension. They are also advised to dispose the representations received by them from pensioners on the above issues without referring them to this Department.
3. This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C.U.O.No.4.2/23/2008-IC dated 30.09.2008.
(M.P. Singh)
Director (PP)
Telefax No.24624802
Revised Pension Based on revised pay bands and grade pays for posts carrying present scales in group A,B,C & D as per sixth central Pay Commission (Refer Para 4.2) Click here
signed copy click here