Filing of Case with Deputy Chief Labour Commissioner(Central), Mumbai 0n 05.12.2016 as industrial dispute in 100 percent DA matter, by AIBRF

Copy of cir Ref: 2016/601 dated:08.12.2016 issued by All India Bank Retirees Federation (AIBRF) to its  Office Bearers/ Central Committee Members/ State Body Chiefs on 100% DA issue, is reproduced here under for information:
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Dear Comrade,
                                                      Re: Filing of Case with Deputy Chief Labour Commissioner(Central), Mumbai 0n 05.12.2016   as industrial dispute in 100  percent DA matter                                                   We wish to advise you that as per the decision taken in Nagpur Central Committee Meeting, We have since filed the case as industrial dispute in the matter of 100 percent Dearness Allowance with the Deputy Labour Commissioner (Central) Mumbai on 05.12.2016. The notices have been served to the Indian Bank Association and unions who are parties to the settlement.

 2. As per the advice of the advocate handling the matter, broadly the following points have been raised in our petition

(a)Dearness Allowance formula was improved for employees with effect from 01.05.2005 under the wage settlement(8th settlement) signed, However, there is no specific provision in the settlement for improved DA allowance payable to pensioners. While issuing instructions to member banks, IBA took decision at the administrative level to exclude those retired prior to November 2002 from the benefit of improved formula. Whether such administrative instruction of IBA in the absence of specific provision in the settlement is legally tenable.

 (b) Depriving the pensioners who retired prior to November 2002 from the improved formula of DA that too without any specific provision in the settlement is discriminative and violative to the provisions of the constitution. We hope CLC will convene the meeting for conciliation proceedings in the matter shortly. We shall keep you informed the developments in the matter from time to time.

United Bank case In 100 percent Dearness Allowance decided by Division Bench of Kolkata High Court.
 We may also inform you that in coordination with AIBRF , United Bank of India Retired employees Welfare Association has since filed caveat in the Supreme Court with the prayer to hear retiree stand before admitting any SLP filed by the bank management. Further as per the legal advice received , the United Bank of India Retired employees; welfare association had filed review petition in the Division bench of Kolkata High Court for making some correction in the judgement which inadvertently crept in with the prayer to make the required modification to remove any ambiguity in the judgement. We understand the review petition was argued two days back and closed and the decision is expected shortly.
We are keeping close watch in the matter and shall take further appropriate action required to protect interest of the retirees in coordination with the affiliate and as per the legal advice received.
Yours Sincerely,
 ( S.C.JAIN )
GENERAL SECRETARY

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Source:AIBRF website 

 

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Long pending issues of Bank Pensioners and Retirees.

We reproduce below the full text of the letter of CBPRO dated 30.11.2016 addressed to CEO of IBA

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To
The Chief Executive Officer,
Indian Banks’ Association,
World Trade Centre 6th Floor,
Centre 1 Building,
World Trade Centre Complex,
Cuff Parade, Mumbai 400005
Respected Sir,
Sub: Long Pending Issues of Bank Pensioners and Retirees
We understand that the Managing Committee of IBA in its meeting held on 29.7.2016 to consider the issues pertaining to Retirees resolved that in the absence of specific mandate from Member Banks to IBA to discuss the issues on their behalf betreated as withdrawn. The absence of mandate from the Member Banks to discuss these issues was cited as reason for nottaking any further action on those issues.
In this connection we would like to invite your kind attention to Charter of Demands submitted to IBA by the organisations of  serving officers and employees in October 2012 contain a separate chapter on Superannuation Benefits including Pension. You will appreciate that IBA had then forwarded a copy of the said Charter of Demands to all the Member Banks and sought requisite mandate to discuss the Charter of Demands. Accordingly all the Member Banks had given mandate to IBA authorising it to discuss Charter of Demands including Superannuation Benefits. Under such circumstances the reason given by IBA for not taking any further action is unfounded and factually incorrect. We request you to examine the issue in right perspective.It is also pertinent to mention that the Pension issues of Bank Employees and Officers are governed by Bank Employees Pension Regulations 1995. A perusal of Pension Regulations would reveal that there is no provision to secure mandate from Bank Managements as a pre condition to consider any improvement. Even on this count, the ground for not taking any further action by IBA is violative of Pension Regulations.
The very fact that IBA had signed a Record Note at the time of signing Xth Bipartite/Joint Note on 25.05.2015 on all the pending issues of Retirees including improvement in Family Pension, 100% DA neutralisation to pre 2002 Retirees and updation of Pension etc stands a mute testimony to the legitimate demands of Retirees in this regard. The said record note need to be
respected by IBA by settling the issues contained therein at the earliest. 

 The very fact that IBA has collected from Member Banks the data relating to (i) 100% DA for pre 2002 Retirees (ii) Improvement in Family Pension (iii) Pension Updation and (iv) One more Pension option to leftover Retirees/Resignees vindicates the desirability of a positive consideration of our demands.
It is also reiterated that at the time of signing of Record Note IBA has given a solemn assurance about resolving the issues amicably. It is disheartening that despite such a commitment, IBA has been changing its stance to avoid a meaningful discussion to resolve the issues giving lame excuses irrelevantly. We have been repeatedly requesting you to hold negotiations with the Coordination of Bank Pensioners’ and Retirees Organisations (CBPRO) which comprehensively represent the Bank
Pensioners and Retirees. We once again request you to honour the commitment by initiating meaningful discussion for resolving the issues relating to Bank Pensioners and Retirees.
As regards the contention of IBA that Pension Scheme of Banks is a Funded Scheme and additional liability if any towards pension is to be allocated from the profits of the Banks is misleading. We wish to invite to your kind attention to Pension Regulation 5(3) which provides that the Banks shall be a contributor to the fund and shall ensure that the sufficient sums are placed in it to enable the trustees to make due payments to beneficiaries under these Regulations. Regulation 11 further provides that 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 contributions to the fund as may be required to secure payment of the benefits under these Regulations. It is thus clear that the Pension Regulations do not provide for allocation ofadditional funds from the profits of the Banks. Hence inadequacy or otherwise of profit cannot be cited as a ground for declining the legitimate demands of Bank Pensioners and Retirees. Various Judicial pronouncements including by Hon’ble
Supreme Court also substantiate our contentions. It is reiterated that the Pension is considered as deferred wages and hence the Bank Pension Scheme being a DEFINED BENEFIT PENSION SCHEME cannot by any stretch of imagination be sought to be distorted by the Managing Committee of IBA.
It is also clarified that the contributions to the Pension Funds are covered under Pension Regulations which are subordinate legislations and hence it is mandatory on the part of Banks to adequately provide for Pension Fund. It is a paradox that the Regulatory Provisions dictated by RBI for Non Performing Assets (NPA) are made by the Banks without any application of mind irrespective of profitability of the Banks. It is submitted that Regulatory Provisions of RBI cannot be treated superior to Legislative Provisions. You are therefore requested to consider the issues relating to Bank Pensioners and Retirees holistically in this perspective.
We once again reiterated that the Pension Regulation 35(1) provides that Basic Pension and additional Pension, wherever  applicable shall be updated. You will appreciate that this provision providing for Pension updation was implemented in true spirit at the time of introduction of Pension Scheme in the Banks by effecting updation in respect of those employees who superannuated between 1.1.1986 and 31.10.1987. The present demand is relating to updation of Basic Pension and hence is to restore the practice of updation.
In view of the foregoing facts we request you to hold talks with us on all the pending issues concerning the Bank Pensioners and Retirees and resolve the same immediately.
Thanking you,
A.Ramesh Babu       K.V.Acharya
            Joint Conveners

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Extension for joining - IBA mediclaim scheme for the retirees for the year 2016-17

One more opportunity is being offered to the following categories of the retirees to join the IBA Mediclaim Retirees scheme.

1. Bank employees who have retired in 2015-16. (Between 1st Oct 2015-30th Sep 2016) and were covered under expiring employee's policy.
2. Retiree's who were covered under expiring retirees policy, but could not renew by remitting the premium in time.

The insurance premium and period will be with the following modalities as below:
1. Retirees would be covered from 16th Dec 2016 to 31st Oct 2017. Retiree has to pay the FULL premium as mentioned below

Premium for joining the scheme is as under

Option I: Normal Renewal on As Is Basis (Without Domiciliary cover)

For Retired Officers (Sum Insured of Rs. 4,00,000)       : Rs. 13,935 Plus Service Tax @15% = Rs. 16,025/-
For Retired Award Staff (Sum Insured of Rs. 3,00,000) :  Rs. 10,452 Plus Service Tax @15% = Rs. 12,020/-

Option II: With Domiciliary Expenses Benefits Option ( 59 diseases as per Employees Policy).

For Retired Officers - Domiciliary Cover of Rs. 40,000 with overall Sum Insured of Rs. 4,00,000.
For Retired Award staff - Domiciliary Cover of Rs. 30,000 with overall Sum Insured of Rs. 3,00,000.
For Retired Officers         : Rs. 17,400 Plus Service Tax @15% = Rs. 20,010/-
For Retired Award Staff   :  Rs. 13,000 Plus Service Tax @15% = Rs. 14,950/-

Dena Bank and Bank of India has already issued circular in this regard.

BOB clears reimbursement of domiciliary treatment for the year 1/11/2015-31/10/2016

Bank of Baroda has issued circular  (No.HO:BR:108:182)  on 19/11/2016  advising / agreeing reimbursement of domiciliary treatment expenses for the year 1/11/2015 to 31/10/2016.
 
The credit for the issue is absolutely to Shri. S Ramchandran, Former GM of BOB,  who roped in DFS to force bank to consider the issue.


Click here to view circular by Bank of Baroda

Submission of Life Certificate by bank pensioners / family pensioners

Bank pensioners / family pensioners are required to submit life certificates in the month of November every year. As a precondition for payment of pension to the eligible staff pensioners and family members of retired expired staff (including pre 01.01.1986 retirees / spouses who are receiving ex gratia payment ) are required to submit life  certificate and remarriage / employment certificate, which needs to be authenticated by the concerned bank branch where pension payment is made. In case the life certificate is not submitted bank can stop pension payment till the submission of life certificate. 

   In some banks, mere presence of Pensioner before bank official of pension drawing /other branch is enough to certify/record  his/her existence and such banks  are giving Acknowledgement of life  certificate to respective pensioners.In few other Banks, pensioner has to sign on Life certificate to prove their very existence. 

   Some of the banks have issued circular regarding digital life certificate. Digital Life Certificate submission involves biometric authentication by the pensioner from remote point and creation of life certificate maintained in digital repository .  Govt of India has launched Jeevan Pramman portal for life certificate in digital format. Adhar card number of the pensioner is prerequisite  for digital life certificate.