Pension issues in SBI -SBI Emloyees Pension Fund Regulations 2014: (part 2)



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This one is the Part 2 of K.R. Saini’s new series of articles on pension issues the predecessor of which was released on this blog on the 22nd of August 2015 as (Part 1) .The whole series is exclusively aimed at keeping the retirees/pensioners and the readers well informed of the complexities and intricacies involved in respect of as complicated an issue as that of pension.  It runs like given below:

Keshav Rai Saini

krsaini
Aug 21, 2015 @ 06:39:16 Edit

IN CONTINUATION OF MY WRITE UP DATED THE 20TH AUGUST,2015.
WHY” STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS–2014” ARE FRAMED REPLACING ”STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES–1955.”
NOW I WIL TRY TO ANALYSIS THESE REGULATIONS TO MY BEST OF ABILITY AND CAPACITY AND DURING THE ANALYSIS, FEEDBACK OF S.B.I PENSIONERS IS WELCOMED BY ME,
THESE REGULATIONS ARE FRAMED IN EXCERCISE OF POWERS CONFERRED BY SECTION 50 OF STATE BANK OF INDIA ACT 1955 IN THE PLACE OF STATE BANKOF INDIA EMPLOYEES PENSION FUND RULES–1955.
REGULATION 2 SAYS–”SAVE OR OTHERWISE PROVIDED, THESE REGULATIONS SHALL COME INTO FORCE FROM THE DATE OF THEIR PUBLICATION IN THE OFFICIAL GAZETTE.” AND REGULATION 1 SAYS “THESE REGULATIONS MAY BE CALLED THE STATE BANK OFINDIA EMPLOEES’  “PENSION FUND REGULATIONS,2014.” AND PENSION MEANS THE PENSION AS COMPUTED UNDER REGULATION 23 –SEE REGULATION 2(h).
THESE REGULATIONS HAVE SUPERCEDED OUR PENSION FUND RULES.IN OUR W.P(C)1875/2013,WE ARE SEEKING THE QUASHING OF THE PROVISION 23(2) STIPULATING THE MONETARY CEILINGS OF PENSION AS THESE RULES ARE UNDER CHALLENGED IN OUR W.P(C)1875/2013 HAVE SINCE BEEN SUPERCEDED. OUR PENSIONERS FEDERATION HAS ALREADY ARRANGED TO FILE AN AFFIDAVIT IN THIS REGARD AS SUGGESTED BY THE COUNSELS OF OUR FEDERATION AND COURT ACCEPTED THE AMENDED PRAYERS UNDER REGULATIONS NOT UNDER RULES AND NOW ARGUMENTS START ON REGULATIONS ONTHE NEXT DATE OF HEARING.
KINDLY GO THROUGH THE PREAMBLE OF S.BI EMPLOYEES PENSION FUND REGULATIONS–2014 NOTIFIED ON THE 18TH SEPTEMBER,2014 IN THE OFFICIAL GAZETTE.THE S.BI EMPLOYEES PENSION FUND RULES HAVE BEEN SUPERCEDED W.E.F 1.07.1955 UNDER SECTION 49 AND 50 OF THE STATE BANKOF INDIA ACT 1955, ONLY GOVERNMENT CAN MAKE RULES AND S.B.I CAN MAKE REGULATIONS..
IN VIEW OF THIS POSITION UNDER OPNION FROM LAW MINISTRY OF GOVERNMENT THE S.B.I EMPLOYEES PENSION FUND RULES HAVE BEEN SUPERCEDED RETROSPECTLY THE PROVISIONS OF RULES 22,23(1) AND 23(2) ARE RETAINED UNDER REGULATIONS 2014 ALSO AS IT IS NECESSARY TO AMEND OUR PRAYERS FOR QUASHING PROVISIONS TO REGULATION 23(2)
TO BE CONTINUED.
K.R.SAINI


  • To be continued as Part 3:
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12 thoughts on “Pension issues in SBI -SBI Emloyees Pension Fund Regulations 2014: (part 2)”

  1. DEAR FRIENDS AS ALL OF YOU ARE AWARE THAT OUR PENSION IS REGULATED BY PENSION RULES/REGULATIONS.OUR” STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES –WERE FRAMED IN1955” AND IT MAY BE DUE TO OLD RULES OF 1955 NO PENSIONERS DISSCUSSED OR SUBMIT ANY COMMENTS BUT STATEBANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS WERE FORMED ON18.09.2014 AND I AM THE FIRST PERSON WHO REQUESTEDTHE PENSIONERS TO SUBMIT THEIR OWN COMMENTS ON THESE REGULATIONS IN THE MONTH OF FEBRUARY,2015 BUT VERY VERYFEW PENSIONERS SHOW THEIR REACTION .NOW THIS POST IS ALSO ON THE REGULATIONS .HOWEVER, AFTER WAITING ONE DAY OF PUBLISHING THIS POST BY SHRI NEELKANTH JI FOR THE BENEFIT OF THE PENSIONERS I HAVE TO SUBMIT MY OWN COMMENTS AND I AGAIN REQUEST TO ALL THE PENSIONERS TO READ THE PENSION REGULATIONS AND SUBMIT THEIR COMMENTS/FEEDBACK.THESE REGULATIONS ARE EASILY AVAILABLE AND DISPLAYED ON THE PENSION PORTAL FOR SBI PENSIONERS.
    K.R.SAINI

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  2. I WILL DISCUSS THE RELATVE REGULATIONS WHICH ARE IMPORTANT FOR THE SBI PENSIONERS.— THE FIRST PARAGRAPH OF THE GAZETTE NOTIFICATION DATED 18TH SEPTEMBER,2014 DATAILING THE VARIOUS PROVISIONS OF S.BI EMPLOYEES PENSION FUND RULES.”IN EXCERCISE OF THE POWERS CONFERRED BY SUB SECTION(1) READ WITH CLAUSE (O)OF SUB SECTION(2) OFSECTION 50 OFTHE STATE BANK OF INDIA ACT 1955(23 OF1955),AND IN SUPERSESSION OF THE STATE BANK OFINDIA EMPLOYEES PENSION FUND RULES VIDE FILE NO F8/45/65-SB,DATED THE 18TH MAY,1965,EXCEPT AS RESPECTS THINGS DONE OR OMITTED TO BE DONE BEFORE SUCH SUPERSESSION,THE CENTRAL BOARD OF THE STATE BANK OF INDIA,AFTER CONSULTATION WITH THE RESERVE BANK OFINDIA AND WITH THE PREVIOUS SANCTION OF THE CENTRAL GOVERNMENT,HEREBY MAKE THE REGULATIONS.
    SOME OF THE PENSIONERS WILL THINK WHAT IS THEPURPOSE OFVTHIS OF MENTIONING THIS PREAMBLE OF SBI PENSION FUND REGULATIONS -2014 AS UNDER SECTION49 AND 50 OF SBI ACT,1955,ONLY GOVERNMENT CAN MAKE RULES AND SBI CAN MAKE ONLY REGULATIONS.
    K.R.SAINI

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  3. HERE ONE POINT TO BE NOTED IS THAT CENTRAL BOARD IS EMPOWERED TO MAKE REGULATIONS.IT IS SURPRISING WHY MANAGEMENT OFVTHEVBANK HAS BEEN RELUCTANT TOACTAS PER PROVISIONS OF THE REGULATIONS FORPAYMENT OF PENSION WHICH IS RIGHTFULLY DO ITS EMPLOYEES WHICH IT HAS UNLAWFULLY WITHHELD FOR THE LAST17 YEARS IN CASE OF7TH BIPARTITE RETIREES.THE MANAGEMENT OF THE BANK IS REQUESTED TO BE GUIDED THE PROVISIONS OF THE ACT(REGULATIONS) AND NOT AS PER INSTRUCTIONS FROM THE OFFICIALS OF THE CENTRAL GOVERNMENT WHO DO NOT HAVE ANY AUTHORITY CONFERRED ON THEM BY THE ACT IN THIS REGARD.
    K.R.SAINI

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  4. REGULATION 22,23(1) AND 23(2) ARE RETAINED UNDER THE REGULATIONS AS WELL.OUR PENSIONERS’FEDERATION MADE PRAYER FOR QUASHING THE PROVISO TO REGULATION 23(2) WHICH CONTAIN THE 40% FORMULA FOR PENSION THEY WANT ONLY REGULATION 23(1) WHICH CONTAIN 50%FORMULA.REGULATION 22 IS FOR MINIMUM SERVICE FOR PENSION.
    IN THIS CONNECTION ,THE REGULATIONS ARE ALSO CONTAIN THE DEFINITION OF PENSION.KINDLY REFER TO REGULATION 2(h) WHICH SAYS”PENSION” MEANS THE PENSION AS COMPUTED UNDER REGULATION 23.
    K.R.SAINI

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  5. REGULATIONS ARE ALSO CONTAIN SAVING CLAUSE NO 27–ALL THE ACTIONS TAKEN AND ANY THING DONE UNDER AND AS PER PROVISIONS OFSTATE BANKOF INDIA EMPLOYEES’ PENSION FUND RULES–1955 BY THESE REGULATIONS SHALL NOT AFFECT THE VALIDITY OFVARIOUS DECISIONS/ACTIONS TAKEN PURSUANT TO THE SAID VRULES.
    K.R.SAINI

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  6. Respected Sir
    The pensioners of State Bank Of India are totally depend and believe on your struggle which you people are doing now and then for the benefit of the pensioners. What Respected Shree K.R.SAini and Respected Shree Upadhyaya has written point blank in their articles are logically in favour of the pensioners.We the pensioners are with you.

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  7. Respected Sir
    You are a great philosopher and a great thinker and we are a ordinary worker.We ready to obey your instruction. We did it in past and We will do it in future. Please instruct us.

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  8. 10TH BIPARTITE SETTLEMENT—–AS PER 10TH BIPARTITE PENSION W.E.F 1.11.2012 BEPAID AS PER PENSION RULES/PENSION REGULATIONS IN FORCE.BUT IT HAS BEEN OBSERVED THAT MOST OF OTHER BANKS HAS STARTED TO PAY THE REVISED PENSION AS PER 10TH BIPARTITE PAY SCALES, HOWEVER, OUR BANK IS AWAITING THE APPROVAL OF THE GOVERNMENT OF INDIA,IT IS SURPRISING WHATISTHE USEOF THESE REGULATIONS IF THE CETRAL BOARD CANNOT TAKE DECISION ON ITS OWN IN THE MATTER OF PENSION TO ITS EMPLOYEES.
    K.R.SAINI

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