IMMEDIATE

 

No. 45/86/97-P&PW(A) Pt-II

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioners Welfare)

  Lok Nayak Bhawan, NewDelhi      Dated the 24th December 1997.

 

OFFICE MEMORANDUM

Subject :          Implementation of Government’s decision on the recommendations of the 5th Central Pay Commission/Revision of pension of pre 1996 pensioners/family pensioners etc.

 

 

The undersigned is directed to refer to this Department’s Office Memorandum No. 45/86/97-P&PW(A) dated the 27th October, 1997 on the subject noted above and to forward herewith an explanatory memorandum providing guidelines for Pension Disbursing Authorities in the implementation of this Department’s Office Memorandum dated the 27th October, 1997 referred to above.
                                                                        (S. LAKSHMINARAYANAN)

                                                 Additional Secretary to the Government of India

 


GUIDELINES FOR PENSION DISBURSING AUTHORITIES IN IMPLEMENTATION OF PROVISIONS CONTAINED IN VARIOUS PARAGRAPHS OF THE DEPARTMENT OF PENSION AND PENSIONERS WELFARE OFFICE MEMORANDUM NO. 45/86/97-P&PW(A). PART-II DATED THE 27TH OCTOBER, 1997 REGARDING IMPLEMENTATION OF GOVERNMENT’S DECISION ON THE RECOMMENDATIONS OF THE VTH CENTRAL PAY COMMISSION REVISION RECOMMENDATIONS OF THE VTH CENTRAL PAY COMMISSION REVISION OF PENSION OF PRE 1996 PENSIONERS/FAMILY PENSIONERS ETC.

 

 

PARA 2.1.

i) The paragraph inter-alia provides that these orders apply to all pensioners/family pensioners who were drawing pension/family pension on 1.1.1996 under the CCS (Pensions)  Rules, 1972. Since the defence personnel paid from civil estimates are governed by Central Civil Services (Pension) Rules, 1972 those orders are applicable in the case of Defence civilians also. Their PPOs are issued under ‘C’ series and as such their PPO NO. has ‘C’ as its prefix.

 

ii) The expression ‘who retired on or after 1.1.1973’ occurring in this paragraph refers only to ICS officers. In all other cases referred to therein, these orders apply to all pre-1.1.1986 retirees irrespective of their date of retirement. In regard to ICS officers who retired prior to 1.1.1973 separate orders will be issued.

 

PARA 4.1

This Paragraph provides that since the consolidated pension will be inclusive of commuted portion of pension, if any, the commuted portion will be deducted from the said amount while making monthly disbursement. It may be noted that all calculations under the said office Memorandum dated the 27th October, 1997 including those indicated in Table at Annexure-I attached there to are based on full pension inclusive of commuted portion, if any. Therefore, while making disbursement, the same commuted portion as was being deducted prior to 1.1.1996 will have to be deducted from 1.1.1996 from the consolidated pension till the commuted portion becomes mature for restoration under the exiting orders.

 

PARA 4.2

Personal Pension being drawn by the Pre-1996 pensioners has not been merged while consolidating the pension as on 1.1.1996. Those pensioners who are in receipt of personal pension will continue to draw the same as a separate element. No Dearness Relief was admissible on this personal pension in the past. In future also it will not be taken into account for grant of Dearness Relief under the revised Scheme of Dearness Relief.

 

PARA 5.1.

It is inter-alia provided in this Paragraph that in the case of pensioners who are in receipt of more than one pension the floor ceiling of Rs. 1275/- will apply to the total of all pensions taken together. In such cases each pension will have to be consolidated separately in accordance with the provision contained in Paragraph 4.1. of the office Memorandum and if the total of all consolidated pension taken together falls short of Rs. 1275/- the same has to be stepped upto Rs. 1275/- Thus in case where a pensioner is in receipt of more than one pension, it is not for the Pension Disbursing Authority to step up each of his pension to Rs. 1275/-. Such cases will be referred by the pension Disbursing Authority to the respective Accounts Officers who had issued the relevant Pension Payment. Order under intimation to CPAO. It will be for the Accounts Officer concerned to consolidate pension and issue a revised Authority for the pension to be disbursed from 1.1.1996 to the Pension Disbursing Authority following the same channel through which the PPO and/or amendments there-to are routed at present. However, it will not be necessary for the Pension Disbursing Authority to refer the matter to the Accounts Officer where a pensioner is in receipt of pension/family pension from the central Government and also:-

 

a)         Pension from the State Government.

 

b)         Pension in a Public Sector Undertaking/Autonomous Body or.

 

c)         Pension under the Freedom Fighters Scheme.

 

The pension being drawn from the State Government/Public Sector Undertaking/Autonomous Body/under the Freedom Fighters Scheme shall not be taken into account for purposes of consolidation or for applying the minimum limit of Rs. 1275/- to the Central Government Pensioner/family pensioner.

 

PARA 6

This paragraph is self-explanatory. It may be noted that while the notional Dearness Relief and Interim Relief (I) and (II) which employed/re-employed pensioners would have drawn but for their employment/re-employment will be taken into account in the process of consolidation of their pension from 1.1.1996, Future Dearness Relief will not be allowed to them so long as they are employed/re-employed as envisaged in Para 1.3 of this Department’s Office Memorandum No. 42/2/97-P&PW(G) dated the 27th October, 1997 relating to grant of Dearness Relief to pensioners. In other words, from 1.1.1996 they will be entitled to the consolidated pension/family pension as indicated in Column (2) of the Table annexed to the Office Memorandum dated 27.10.1997 but the payment of arrears will not be governed by the remaining part of the Table. In their case arrears is will have to be calculated separately by arriving at the difference of the consolidated pension/family pension due from 1.1.1996 and the basic pension/family pension already drawn at the pre-revised rates prevailing before 1.1.1996 for the period from 1.1.1996 onwards.

 

PARA 8

For the convenience of Pension Disbursing Authorities, a Table has been annexed with the Office Memorandum under reference which indicates the existing pension, the consolidated pension and arrears payable to Prc-1996 pensioners/family pensioners for the various periods. As already mentioned at the end of the table, arrears for various durations have been calculated taking into account pension/family pension, Dearness Relief and Interim Relief I, II & III drawn by the pensioner from time to time and the consolidated pension/family pension admissible from 1.1.1996 and also Dearness Relief admissible thereon under the revised Dearness Relief Scheme from 1.7.1996, 1.1.1997 and 1.7.1997. The difference payable in accordance with the Column (7) of th Table shall continue to be paid uptil the month from which the consolidated pension and Dearness Relief at the revised Scheme is paid to the pensioner/family pensioner. It may also be noted that the amount already paid on account of Interim Relief III which was sanctioned from 1.4.1996 and had become recoverable after consolidation of pension has also been taken into account while calculating the arrears becoming due to the pensioners/family pensioners w.e.f.1.4.1996. It is further to be noted that the Table is applicable only in those cases where a pensioner/family pensioner is in receipt of a single pension only.

 

PARA 9.1 and 9.2

Since the existing pre-1.1.1996 pensioners/family pensioners include Pre-1986 pensioners/family pensioners, the provisions contained in Para 4.1. of the Office Memorandum under reference relating to the consolidation of pension/family pension as on 1.1.1996 are also applicable in the case of Pre-1986 retirees. Accordingly the pension/family pension in case of all Pre-1986 pensioners/family pensioners has to be consolidated w.e.f.1.1.1996 and they are entitled to the payment of arrears as per the table  annexed to the Office Memorandum dated 27.10.1997. The payment of pension/family pension in their case shall continue to be regulated under order contained in Office Memorandum dated 27th October, 1997 till further orders are issued for revision of their pension. All Pension Disbursing Authorities are, therefore, advised to make payment of the consolidated pension and arrears accruing on this account to Pre-1986 pensioners/family pensioners also. 
                                                                                            (S. Lakshminarayanan)

                                                                          Additional Secretary (Pension)