Pension issues–a re-look on 7th bi-partite limpings:



images (5)Thanks to the author of the following writeup KR Saini on  behalf of you all for analysing threadbare the intricate limping areas in relation to 7th bi-partite adversely affecting a large group of pensioners. This gives a distinct picture of the issue as a whole and is of great advantage to the readers of this blog, the pensioners in general in particular who are quite expected to peruse the contents in a right earnest sharing them equally with others to healthfully generate the requisite awareness on the issues:

krsaini
Oct 27, 2015 @ 11:54:31 Edit

THERE ARE TWO MAJOR PENDING PENSION ISSUES IN S.B.I AND THEY HAVE BECOME A SORT OF A RUNNING SEQUENCE WHICH ARE FLARING UP AGAIN AND AGAIN AND WE REQUEST M.O.F TO HAVE THE ISSUES EXAMINED AFRESH AND I AM COVERING THESE ISSUES AS UNDER AS THEY REGUIRE IMMEDIATE ATTENTION OF THE GOVERNMENT:
1) THE REVISION OF PENSION ON 7TH BIPARTITE PAY SCALES.
2)PAYMENT OF PENSION AT 50% OF THE LAST DRAWN AVERAGE PAY.
ISSUES OF 7TH BIPARTITE RETIRES:
THE ISSUE OF PENSION REVISION OF 7TH BIPARTITE RETIREES IS QUITE GENUINE. THE 7TH BIPARTITE RETIREES COMPRISE OF THOSE WHO RETIRED DRAWING SALARY AS PER 7TH BIPARTITE WAGE SETTLEMENT(PERIOD BETWEEN1.11.1997(AWARD)/1.04.1998(SUPERVISING)TO31.10.2002).AN INJUSTICE HAS BEEN DONE TO THEM. THE POSITION IS EXPLAINED HEREUNDER.—
I) THE 6TH BIPARTITE SETTLEMENT ARRIVED AT IN 1995 WAS IMPLEMENTED FROM 1.11.1992/1.7.1993. AT THAT TIME PENSION OF THOSE RETIRED WAS REVISED WITH EFFECT FROM 1.11.1993 AND THE CEILING WAS RAISED UPWARDS FROM RS2400/ TO RS 4250/ BY ADJUSTING OF D.A AND DIFFERENCE BETWEEN 600 POINTS OF CONSUMER PRICE INDEX(CPIN) AND 1148 POINTS.THIS REVISION WAS IMPLEMENTED IN PRINCIPLE, ALTHOUGH IN FACT IT DID NOT SIGNIFICANTLY CHANGE THE GROSS PENSION PAYABLE.
II) THE ABOVE CEILING OF PENSION WAS AGAIN REVISED WITH EFFECT FROM 1.3.1999-THE NEW FORMULA WAS INTRODUCED BY WHICH THOSE GETTING A SALARY UPTO RS8500/ WOULD GET PENSION AT 50% OF THE SALARY AND THOSE GETTING ABOVE RS8500 WOULD GET PENSION AT40% OF THE SALARY SUBJECT TO A MINIMUM OF RS4250/.AS A CONSEQUENCE OF THIS, CLERKS AND OFFICERS OF THE RANK OF JMGS1 WOULD GET PENSION AT 50% OF THE AVERAGE BASIC PAY, WHEREAS OFFICERS MMGSII ONWARDS RECEIVED PENSION AT 40% OF THE LAST DRAWN AVERGE PAY.
III) IN THE CASE OF 7TH BIPARTITE SETTLEMENT WHICH WAS FOR THE PERIOD FROM 1.11.1997(AWARD STAFF)/1.4.1998 (SUPERVISING STAFF) TO 31.10.2002,THE SALARY REVISION TOOK PLACE ON14.12.1999(SUPERVISING STAFF) AND 27.03.2000(AWARD STAFF)RESPECTVELY WITH RETROSPECTIVE EFFECT. HOWEVER, DUE TO OVERSIGHT NECESSARY CORRESPONDING REVISION OF PENSION DID NOT TAKE PLACE FOR THESE RETIREES. THEREFORE, ALL THESE 7TH BIPARTITE RETIREES ARE GETTING PENSION ON THE SALARY AS PER PAY SCALES OF THE 6TH BIPARTITE SETTLEMENT AND NOT ON THEIR ACTUAL LAST DRAWN AVERAGE PAY. IN FACT, PROVIDENT FUND ,GRATUITY AND FAMILY PENSION WERE PAID TO THESE RETIREES ON THE BASIS OF THEIR LAST DRAWN SALARY.THIS IS THE ONLY GROUP OF PENSIONERS IN THE BANK WHICH IS NOT GETTING PENSION ON THEIR ACTUAL LAST DRAWN PAY, WHICH IS INEQUITABLE.
IV) THE COMMITTEE ON PENSION SETUP BY THE S.B.I ON ADVICE OF GOVERNMENT OF INDIA ALSO DELIBERATED ON THE ISSUE AND INTERACTED WITH THE BOTH FEDERATIONS ON THE ISSUEOF REVISION OF PENSION OF 7TH BIPARTITE RETIREES. IT RECOMMENDED TO THE GOVERNMENT OF INDIA TO CONSIDER THE ISSUE DE-NOVO. SINCE THIS ISSUE HAS NOT BEEN SETTLED TO THE SATISFACTION OF THE 7TH BIPARTITE RETIREES, IT HAS BECOME A CONTINUING AND RECURRING CAUSE OF FRICTIONS.
LEGAL POSITION
THE FOLLOWING ARE THE KEY POINTS FROM THE LEGAL ANGLE—-
a) THE MANAGEMENT OF THE BANK IS REQUIRED TO REMOVE IRRITANTS THAT CREATE DISSATISFACTION TO SENIOR PENSIONERS AND ALSO RECOMMENDED TO M.O.F FOR REMOVING THE ANOMALIES IN PENSION ON27.04.2015.
b) SINGLING OUT OF RETIREES DURING THE CURRENCY OF 7TH BIPARTITE SETTLEMENT IS VIOLATIVE OF ARTICLE 14 AND 21 OF THE CONSTITUTION.
c)IT IS LEGAL,EQUITABLE AND JUSTIFIED TO PROVIDE PENSION REVISION FOR 7TH BIPARTITE RETIREES ON THE SAME FOOTING AS THAT OF 8TH AND 9TH BIPARTITE RETIREES. DENYING THE SAME TO THESE RETIREES AMOUNTS TO A SHEER DISCRIMINATION.
K.R.SAINI

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12 thoughts on “Pension issues–a re-look on 7th bi-partite limpings:”

  1. PLIGHT OF OLD PENSIONERS IN S.BI.————–BEFORE COMMENTING ON THIS POST ,I FEEL THAT IT IS MY DUTY TO APPRISE THE PLIGHT OF ALL OLD PENSIONERS I E 5TH,6TH AND 7TH BIPARTITE RETIREES WHO ARE GETTING PENSION OF ABOUT RS20000/ PER MONTH EVEN LESS THAN RS20000/PER MONTH IN THE CASE OF CLERICAL AND SUBORDINATE STAFF AND ALL THESE PENSIONERS ARE IN THE AGE GROUP OF 70 YEARS TO 88 YEARS OLD BECAUSE THE PENSION OF 5TH BIPARTITE RETIREES HAS NOT BEEN REVISED WITH EFFECT FROM 1.11.1987 AND THEY ARE ONLY ABOUT 1000 IN NUMBER AND IN THE AGE GROUP OF83YEARS TO 88 YEARS OLD.SECONDLY ALL THE 5TH,6TH AND 7TH BIPARTITE RETIREES ARE NOT GETTING D.A WITH 100% NEUTRALISATION.
    SIMILARLY PENSION OF 7TH BIPARTIE RETIREES HAS NOT BEEN REVISED AND WHO ARE NOW IN THE AGE GROUP OF 70 YEARS TO 78 YEARS OLD.THIS IS THE PLIGHT OF OLD PENSIONERS IN S.B.I
    K.R.SAINI

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  2. I have been writing continuously IN THIS BLOG FROM APRIL,2010 HIGHLIGHTING THE ANOMALIES IN PENSION BEING FACED BY THE 7TH BIPARTITE RETIREES AND OTHER RELATIVE PENSION ISSUES WITH FULL DETAILS OF PENSION RULES AND REGULATIONS OF S.B.I EMPLOYEES PENSION FUND RULES 1955.THE SAID RULES WERE HOWEVER SUBSTITUTED WITH STATE bank OF INDIA EMPLOYEES PENSION FUND regulations-2014 on 18.09.2014.IN the BEGINNING, THERE used to BE A lot of comments from the readers/pensioners which MOTIVATED me with the depth of the ISSUES.HOWEVER,THE RETIREES INTEREST SEEMS TO HAVE DECLINED CONSIDERABLY INDICATING THAT THE AFFECTED RETIREES HAVE LOST PATIENCE DUE TO THE LONG PENDENCY OF THE ISSUE FOR 15 YEARS.(7TH BIPARTITE RETIREES ISSUE)
    K.R.SAINI

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  3. AS PER THE AFORESAID PENSION COMPUTATION FORMULA,THE BASIC PENSION OF A RETIRED DEPUTYBMANAGING DIRECTOR(7TH BIPARTITE RETIREE),THE HIGHEST OFFICER IN THE BANK IS ONLY RS5920/ PER MONTH.
    REGULATION 23(1) OF S.B.I EMPLOYEES’ PENSION FUND REGULATIONS-2014 THAT PENSION SHOULD BE CALCULATED ON THEBASIS OF AVERAGE MONTHLY SUBSTANTIVE SALARY DRAWN DURING LAST TWELVE MONTHS’ PENSIONABLE SERVICE.IF WE LOOK AT THE BANK’S PENSION HISTORY,THIS HOLDS TRUE EXCEPT FOR THE 7TH BIPARTITE RETIREES,WHICH CAN BE SEEN FROM THE THIS TABLE——
    D.A MERGER POINTS EFFECTIVE DATE PENSION AMOUNT.
    332 CPIN1.11986(supreme court ruling)MAXIMUMRS 2400/(average of last 12 months pay)
    600 CPIN 1.11.1987(5TH BIPARTITE) MAXIMUM RS 2400/(AVERAGE OF LAST 12 MONTHS PAY)
    1148 CPIN 1.11.1993(6TH BIPARTITE) MAXIMUM RS4250/(AVERAGE OF LAST TWELVE MONTHS)
    2288 CPIN 1.5.2005(8TH BIPARTITE) MAXIMUM AT50%/40% WITH CUT OFF POINT OF RS21040/(AVERAGE OF LAST TWELVE PAY)
    2836 CPIN 1.11.2007(9TH BIPARTITE) MAXIMUM AT 50%/40% WITH CUT OFF POINT OF RS31500/(AVERAGE OF LAST12MONTHS PAY)

    THUS THE GROUNDS IN SUPPORT OF BANK’S PROPOSALDATEDV27.04.2015 FOR REVISION OF PENSION OF 7TH BIPARTITE ARE RETIREES AREVMENTIONED ASUNDER.—————-
    MAXIMUM AT 50%/40% WITH CUT OFF POINT OF RS14240/( AVERAGE OF LAST 12 MONTHS PAY)
    AND D.A ON THE BASIC PENSION WILLBE MERGER OF 1684 POINTS.

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  4. IN CASE GOVERNMENT OF INDIA WILL GIVE THE SANCTION /APPROVAL OF THE BANK’S PROPOSAL DATED 27.04.2015 THAT WILL BE ABLE TO THE BANK TO IMPLEMENT OF THE REGULATION 23(1) OF STATE BANK OF INDIA EMPLOYEES PENSION FUND REGULATIONS AND THE ANOMALY OF PENSION FOR7TH BIPARTITE RETIREES WILL BE REMOVED,
    K.R.SAINI

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  5. THESE RETIREES FIND IT DIFFICULT TONLIVE WITH MEAGRE AMOUNT OF PENSION THEY GET AT THIS STAGE WHEN THEY HAVE NO SOURCE OF INCOME AND MEDICAL EXPENSES ARE ON THE HIGHER SIDE IN THEIR ADVANCED AGE.THE REVISION OF PENSION WILL COME AS A GOODWILL GESTURE ON THE PART OF GOVERNMENT OF INDIA AND WILL BE FINANCIAL SUPPORT TO THEM.THIS WILL ALSO REMOVE THE HURT FEELING AMONG THESE RETIREES(7THBIPARTITE RETIREES).
    K.R.SAINI

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  6. A NUMBER OF COURT CASES ONTHIS ISSUE ARE PENDING IN DIFFERENT PARTS OFTHE COUNTRY IN WHICH GOVERNMENT OF INDIA AND BANK ARE THE RESPONDENTS.REVISION OF PENSION WILL LEAD TO WITHDRAWL OF COURT CASES,WHICH WILL SAVE TIME AND MONEY BOTH,FOR THE GOVERNMENT OF INDIA AS WELL AS BANK AND THE AFFACTED PENSIONERS.
    K.R.SAIN

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  7. I UNDERSTAND THAT RESERVE BANK OF VINDIA HAD REVISED AND UPDATED THE PENSION OF THE EMPLOYEES WHO RETIRED PRIOR TO NOVEMBER1,1997,AND THAT THIS REVISION WAS NOT UPHELD BY THE GOVERNMENT OF INDIA,HOWEVER,I BEGVTO STATE THAT THERE IS MATERIAL DIFFERENCE IN THE RBI’S CONTENTION AND THAT OFVS.B.I’S PENSION SCHEME.IN THE CASE OF RBI,THEY HAVE GIVEN ENHANCED PENSIO CALCULATED ON ”NOTIONAL PAY” I.E ON A SALARY WHICH THE EMPLOYEE NEVER EARNED AND WAS NOT ENTITLED TO.THE ”NOTIONAL PAY” WAS BASEED ON SUBSQUENT REVISION OF SALARY AND WILL PERPETUATE CONTINUOUS REVISION,MORE ORVLESS ON SIMILAR LINES AS TGAT FOR THE CENTRAL PENSIONERS IN ACCORDANCE WITH THE 5TH PAY COMMISSION AWARD.
    IN S.B.I,THIS IS NOT THE CASE.THE PENSION DOES NOT DEPEND ON ANY ”NOTIONAL PAY” CONCEPT,BUT PAID ON LAST AVERAGE PAY ACTULLY DRAWN AND REMAINS STAGNANT THEREAFTER.HOWEVER IN THE CASE OF 7TH BIPARTITE RETIREES THE PENSION IS BEING CALCULATED ON THE BASIS OF LAST average pay drawn BY AN EMPLOYEE AS PER THE 6TH BIPARTITE PAY SCALES,WHICH IS AN ABERRATION AND NEEDS CORRECTION.
    K.R.SAINI

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