Thursday, March 5, 2020

Three Judge Bench of Hon’ble Supreme Court has dismissed the Civil Appeal filed by the SBI with regard to extension of pension benefits to those employees who retired from the service of the Bank after rendering service over 15 years, but less than 20 years under SBI Voluntary Retirement Scheme - 2000/01.
 Following lines from Hon’ble Supreme Court in this Judgment are reproduced below

"This Court observed that the principal aim of the socialist State as envised in the Preamble is to eliminate inequality.  The basic framework of socialism is to provide security in the fall of life to the working people and especially provides security from the cradle to the grave when employees have rendered service in heydays of life, they cannot be destituted in old age, by taking action in an arbitrary manner and for omission to complete obligation assured one."




Sunday, March 1, 2020

Bipartite talks between UFBU and IBA on 29th Feb 2020

During  Bipartite talks between UFBU and IBA on 29th Feb 2020 following points pertaining to pensioners emerged.
Improvement in Family Pension matter recommended to Government, will be expedited.
 On updation, IBA agreed that some improvement in the Pension would be worked out for the retirees of earlier settlements period by working out the cost.


Saturday, February 1, 2020

D.A. payable to bank pensioners.w.e.f.Feb 2020 to Jul 2020 - increase by 78 slabs

D.A. payable to bank pensioners.w.e.f.Feb 2020 to Jul 2020 - increase by 78 slabs




D.A.PAYABLE TO BANK PENSIONERS.w.e.f.1st.Feb'2020 to Jul'2020

RETIRED
On Or After
1.1.1986
7479
1719
over 600

Upto 1250
1251-2000
2001-2130
Above 2130



1151.73
945.45
567.27
292.23
%


RETIRED
After
1.11.1992
upto 31.3.98
1582
over 1148

Upto 2400
2401-3850
3851-4100
Above 4100


553.70
458.78
268.94
142.38
%


RETIRED
AFTER
1.11.98 upto
31.10.2002
1448
over 1684

Upto 3550
3551-5650
5651-6010
Above 6010



347.52
289.60
173.76
86.88
%


RETIRED
ON   OR
AFTER
1.11.2002
1297
over2288



233.46
%



RETIRED
ON   OR
AFTER
1.11.2007
1160
over 2836



174.00
%



RETIRED ON OR AFTER                           1.11.2012


75.90
%
759
over 4440








               
D.A calculator is available for calculating revised D.A. and difference. For calculating D.A , enter basic ( original basic without reducing commutation amount) and click on the calculate button. Revised D.A , Present D.A. and difference will be displayed on the calculator. Select appropriate retirement date range according to the date of retirement.
 
Click on the following link for  D A Calculator. 


  
D.A. Calculator



Tuesday, January 7, 2020

CBPRO letter to Hon Prime Minister regarding pending issues of bank pensioners

Letter by CBPRO to Hon Prime Minister is reproduced below

Quote
Dated: 04.01.2020

Shri Narendra Modi ji,
Hon’ble Prime Minister,
Prime Minister’s Office,
South Block,
New Delhi 110001.

Respected Sir,
Pending issues of Bank Pensioners and Retirees

We invite your kind attention to our various letters and memoranda, the last of which being 26.11.2019. We have been agitating against insensitivity of the concerned authorities towards our legitimate demands. We had also conducted dharnas and demonstrations at various important centres including state capitals and Jantar Mantar, New Delhi. It is disheartening to note that in spite of our knocking the doors of the concerned authorities including the Secretary, DFS, Hon’ble Finance Minister and Indian Banks’ Association, we have not been able to get any favourable response so far. We are therefore of the considered view that on intervention from your good office is respectfully solicited to help the cause of more than 5(Five) lac retirees including that of State Bank of India. We once again request your good self to look into our following legitimate and genuine pending issues and help us get justice:

1.Uniform Family Pension at par with Government and RBI Scheme.

2.Updation / Revision of Pension to all Bank Pensioners as granted in case of RBI Pensioners.

3.100% DA Neutralisation to Pre-2002 Bank Retirees

4.Comprehensive Medical Health Care Scheme for Bank Retirees  on the lines of CGHS.

5.Rekoning of Special Allowance introduced w.e.f 1.11.2012 for the purpose of Computation of Pension.

a)Updation of Pension has to be done for the following reasons to ensure Best Practices and Best Legal Compliance.

The Hon’ble Supreme Court has categorically held in its judgements that periodical Wage Revision invariably entails Periodic Pension Updation simultaneously.

b)Pension being a Deferred Wage Revision / Updation of Pension is a natural corollary to Wage Revision.

c)Updation of Pension to RBI Retirees was given initially and later on withdrawn wrongly leading to Litigation in Hon’ble Mumbai High Court and ultimately Government cleared Updation recently even in the absence of suitable Regulation in their Pension Regulations mainly for the above mentioned reasons.

d)More importantly in the Bank Employees Pension Regulation a categorical provision is made Regulation 35(1)
Quote:
BASIC PENSION AND ADDITIONAL PENSION, WHEREVER APPLICABLE, SHALL BE UPDATED AS PER THE FORMULAE GIVEN IN APPENDIX-1(GOVERNMENT GAZETTE NOTIFICATION NO.9 DATED 1st March, 2003).

Unquote

e)It is also absolutely necessary to give Pension uniformly at 50% of the Last Drawn Basic Pay to SBI Pensioners to avoid discrimination in payment of Pension.
.
From the above it is absolutely clear that all Bank Pensioners including SBI Pensioners are entitled for Pension Updation as given to RBI Pensioners recently.

We consider it pertinent to bring it to your kind notice that the emotive issue of improvement in Family Pension entails a negative additional cost and the cost of Pension Updation may not need any immediate additional provision as the annual contribution to Pension Fund and annual yield there on are robust and adequate to absorb the annual cost of Pension Updation by using the basis of Updation Factors applied in case of Reserve Bank of India recently. We shall be glad to explain the computation of cost of Improvements in Family Pension and also the Updation of Pension to DFS and IBA if given a chance and considered necessary in the interest of all concerned.

What has been hurting the Senior and Super Senior Citizens of the Banking Industry is that despite there being a pre-existing provision in Banks Pension Regulation, its implementation to update our pension has been arbitrarily denied. It is worth mentioning here that Banks Pension Regulation formulated under the Provisions of the Statute by the Government of India in consultation with RBI and published in the Official Gazette of Union of India. The Pension Regulations are thus a Subordinate Legislation having Statutory force. Moreover, the Hon’ble Supreme Court has also held that Periodical salary revision and corresponding Pension revision (Updation) are inseparable.

We shall be grateful to you for an early intervention to resolve our long pending grievances.

With Sincere Regards,

Yours Faithfully,
‌(A.Ramesh Babu)          (K.V. Acharya)
          Joint Conveners, CBPRO

Unquote 

Monday, November 25, 2019

Article regarding ANSWER TO MANY QUESTIONS of bank pensioners

 We reproduce below an article on pension scheme in banks.

All Pension Activists
are requested to
widely circulate this article
among working and
retiree employees.
..........................
ANSWER TO MANY QUESTIONS !
Must Read, Preserve & Circulate
With Regard to Pension updating, funding, continuity of pension Payment, safety of fund matters number of questions are being raised. We have examined all these questions in the light of Pension Agreement, 1993 and Pension Regulations, 1995 under which Pension is being paid.
Whether our concerns in these matters are genuine and relevant, we examine them in this write up.
However, 1616/1684 issue was settled through SCI judgement in a private writ and so is the case of Special Allowance since declared illegal by Court. In these matters Unions stand nowhere in scene. Despite Court Order, Special Allowance is still under discussion for reasons best known to parties. It may be with idea to show show it as Unions achievement in 11th settlement.
We don't discuss here the terms of 2nd pension option, violating Regulations, 1995, depriving due pensionary benefits to large number of people, though the Banks have had recovered huge cost from new pension optees.
All Pension Activists are requested to widely circulate this article among working and retirees employees.
SETTLEMENT DATED 29.10.1993 OVER PENSION IN BANKS -
UNDER SECTION 2(P) AND SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT OF
1947 READ WITH RULE 58 OF THE INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957.
Cl. 12 of Settlement reads as under:
"12. Provisions WILL BE MADE by a scheme, to BE NEGOTIATED
AND SETTLED between the parties to this settlement by 31st
December, 1993 for applicability, qualifying service , amounts of
pension , payment of pension, commutation of pension, family
pension, UPDATING and other general conditions, etc. on the lines
as are in force in RBI."
Read above clause carefully. One sentence paragraph, according to which a Scheme was to be negotiated & settled between the parties by 31.12.1993 with regard to applicability, qualifying service, amounts of pension, payment of pension, commutation, family pension and (MOST IMPORTANT) UPDATING & other general conditions, etc., but on the LINES as are in force in RBI. Well, let us agree that these aspects were negotiated and settled between the parties, based on which Pension Regulations, 1995 was drafted. These modalities were to be worked out on the lines as were in force in RBI. So, 'No UPDATING' clause in our Regulations, 1995, is very well in line with RBI, where too no updating clause was in existence. RBI Unions raised Pension Revision Demand, despite no revision clause, and achieved through thick and thin of struggles in RBI, Courts and ultimately with Govt of India and won it. We think, it's enough to explain as to how 'revision Clause' didn't find place in Pension Regulations, 1995 and for revision it's not very relevant obstacle at all.
Further, Pension Revision is embodied in Pension Regulations, 1995 itself in terms of which Pension for periods 1.1.1986 and 31.10.1987 was revised vide Clause 35 of Regulations. So, element of 'revision' did exist from day one of Pension. Norms for revision were also laid down in appenfix-1 of Clause 35 of Regulations, 1995.
One more point, we must keep in mind, where law is not specific or silent, inferences are drawn from the usage & practices. In Pension Regulations, 1995, there might not be specific mention of 'Revision', but at the same time, there is no such mention as of 'no revision' or 'one time' fix clause as well. So, in this regard inferences are to be drawn from 'Pension Rules' prevalent elsewhere in Indian context and settle the issue accordingly.
Now, RBI revision is fittest one to draw inference because our Pension Scheme is replica of RBI Pension Scheme. In these backdrop, it is immaterial whether there is revision clause or not. Bear in mind, there was a time when Pension was not in Banking service conditions, but something new was thought of, conceptualized, fought and achieved. Improvement in service conditions is a perpetual and going on processes and for trade Unions it holds no merit to shirk from solemn responsibility to achieve something which is legitimate, genuine & in the interest of working fraternity, on baseless pretexts.
Now, look to other aspect of Funding. Cl.7 deals with composition of the Fund which reads as under:
The Fund shall consist of the following, namely-
(a) the contribution by the bank at the rate of ten percent, per month of the pay of the employees;
(b) the accumulated contributions of the bank to the Provident Fund and interest accrued thereon unto the date of such transfer in respect of the employees;
(c) the amount consisting of contributions of the Bank along with interest refunded by the employees who had retired before the notified date but who opt for pension in accordance with the provisions contained in these regulations;
(d) the investment in annuities insecurities purchased out of the money's of the Fund and interest thereafter;
(e) amount of any capital gains arisibg from the capital assets of the Fund;
(f) the additional annual contribution made by the bank in accordance with the provisions contained in Regulation 11 of these regulations;
(g) any income from investments of the amounts credited to the Fund;
(h) the amount consisting of contribution of the bank along with interest refunded by the family of the deceased employee.
Read above terms carefully, the source of Funding, as envisaged in Regulations. Is there any mention of employees financial obligation towards Pension Funds, other than Banks' PF portion? Then why, whenever wages were revised in past, Unions agreed with IBA for sharing 50% of increased pension cost from financial load sanctioned for employees and officers? There is no such clause that entitles IBA to recover it. It's landmark question of impropriety. As happened, in all last settlements 50% increased pension load was recovered from sanctioned load, from employees side that hammered pay rise even of those who are under NPS.
Now, let us invite your attention to Cl.11 of Regulations. It reads ss under:
11.Acturial Investigation of the Fund- The Bank shall cause an investigation to be made by an Actuary into the financial condition of the Fund every financial year, on the 31st day of March, and make such additional annual contribution to the Fund as may be required to secure payment of the benefits under these regulations.
Read this clause, which very clearly says for actuarial investigation of Pension Fund every year and calls upon Banks to make 'additional contribution to the Fund as may be required to secure payment of benefits under regulations'. Is there any financial obligation of employees? Law doesn't call for what Unions offered to IBA on golden plates. This time again it will be done.
It was a quid-pro-quo deal and as required under rules, pensioners have had to forego their right to Banks' Provident Fund contributions. There is no any other obligation at all on Pensioners with regard to Pension Funding. Onus squarely lies on management to maintain the adequacy of Funds so as to ensure last outgo of Pension.
Let us examine another aspect where people doubt about continuity of Pension payment. Cl.5, Constitution of the Fund, envisage to establish an irrevocable Trust. Fund's object is laid down for 'sole ourpose' to pay Pension in accordance with Pension Regulations, 1995. Now see legal status of Irrevocable Trusts, which have been formed in every Bank. Law defines Irrevocable Trust as under:
"Irrevocable Trust Law and Legal Definition. Irrevocable trust is a trust that cannot be modified or terminated without the permission of the beneficiary. ... Once the grantor has transferred assets into the trust, s/he has no rights of ownership to the assets and the trust."
Even if Banks don't exist, Pension Trust shall pay Pension. It can't be dissolved or taken over by Banks.
Pensioners doubt that Banks can acquire Pension Fund, which legally can't be done. Pension Fund can be specifically used as stated in Cl.13 of Regulations, 1995 for following purposes:
- The payment of benefits by the trust shall be administered fir grant of pensionary benefits to the employees of the Bank or the family pension to the deceased employees of the Bank.
It's satisfying provision that ensures, fund can only be used for payment of specified benefits only.
One more aspect to be noted. Cl.12 of Regulations, 1995 even prohibits Trusts to park their Find in their respective Banks. Look into the followings:
Cl.12. Investment of the Fund- All moneys contributed to the Fund or received or accruing after that date by way of interest or otherwise to the Fund, may be Deposited in a Post Office Savings Bank Account in India or in a current account with any scheduled Bank or utilized in accordance with the Provisions of the Indian Trust Act, 1882 (2 of 1882)
Pension Regulations, 1995 have very wider perception with regard to disputes arising out in implementation at any point of time. Cl.56 of Regulations, 1995 reads as under:
Cl.56 Residuary provisions- In case of doubt, in the matter of application of these regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, with the prevision sanction of the Central Government, may from time to time, determine.
Now, interprete above clauses. Bank Pension Scheme is tagged to Central Govt Pension Rules therefore there can be a cause of dispute, whenever CCSR 1972 or CCS ( Commutation of Pension) Rules, 1981 under go change (s). On several occasions in past these rules have had undergone changes, but Unions never raised any dispute in relation to our Pension.
Pension Regulations, 1995 is the basic subordinate legislation, which can be modified positively, but not negatively. It was negatively modified in 1616/1684 matter, challenged & struck down. It was negatively modified in Special Allowance matter, challenged & struck down. 100% DA case people lost at the instance of AIBRF, but fact is that in compensation matter there can't be discriminating rules in one establishment. This entitles retirees same DA, as applicable to working staff.
If you examine Second Pension Option terms in relation to Pension Regulations, 1995, many negative modifications have been made, invalid in the eye of law, if challenged. If someone disagree to it, better he should approach a competent law officer with all documents.
Unions have never examined these issues on law point of view and treated themselves as ultimate law. Second Pension Optees can get great relief and financial benefits if they challenge the second options terms in contravention of Pension Regulations, 1995. We leave it to them. However, we are ready to guide, but not act.
(J. N. Shukla)
National Convenor,
Forum of Bank Pensioner Activists,
PRAYAGRAJ
25.11.2019
9559748834
jagat.n.shukla@gmail.com
(Permitted to be Reproduced & forwarded)