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    • JOIN THE STRUGGLE FOR DE-LINKING 33 YEARS FOR 50% OF LAST DRAWN SALARY & PENSION UPDATION ALONG WITH EVERY REVISION OF SALARY FOR EMPLOYEES

    Monday, 30 October 2017

    REPLY FROM NATIONAL INSURANCE



    ....To: Parameshwar D Gupta/JRO/NIC@NIC
    From: Anamika Ghosh/HO/NIC
    Date: 18/08/2016 01:18PM
    Cc: Rajeev Kumar/HO/NIC@NIC, Shyam K Gupta/JRO/NIC@NIC, D Banerjee/HO/NIC@NIC, J B Mahapatra/JRO/NIC@NIC, Debrupa Banerjee/HO/NIC@NIC, T K Goopta/HO/NIC@NIC
    Subject: Re: Fw: De-linking 33 years service for full pension,A/c B L Yadav, Pno.24895.


    Dear Sir,
     We are governed by General Insurance Employees' Pension scheme,1995 and not CCS Pension rules.The pension revision done is as per instruction given by Pers.Deptt.Head Office and is found to be correct.

    Regarding Para 54B of General Insurance Employees' Pension scheme,1995, it relates to employees covered by the proviso to clause (k) of para 2
    which deals with CMDs only.So it is only the CMDs who are governed by CCS Pension rules.

    Hope the matter is clear now.Kindly convey the same to the concerned employee.

    Regards,

    NICIAN अनामिका घोस, सहा:प्रबंधक
    NICIAN Anamika Ghosh, Asst. Manager
    नेशनल इंश्योरेंस कंपनी लिमिटेड
    National Insurance Co. Ltd.
    प्रधान कार्यालय, पेंशन सेल
    Head Office Pension Cell"
    "


    Sunday, 29 October 2017

    APLICATION TO CHAIRMAN NEW INDIA REJECTED



    The Chairman cum managing director,
    HEAD OFFICE, NEW INDIA ASSURANCE CO LTD,
    NEW INDIA ASSURANCE BUILDING,
    87,MG ROAD,FORT
    MUMBAI-400001

    Dear Sir,
                      Sub: Request  to recalculate My pension from Pro-rata  to full pension as per para 54B &55  of GIC pension rule 1995 which takes in to account the changes in the CCS pension rule1972 from time to time.
    I  am an Ex-servicemen re-employed in New India Assurance Company W.e.f.28/03/1991  & retired on superannuation from New India Assurance Co  after rendering a service of 21 years on 31/10/2011.
    When GIC pension was introduced in 1995, I have opted to join the scheme forgoing Company contribution Contributory CPF to my credit up to that date.

    The Scheme was approved by ministry of finance, department of economic affairs & notified in the official gazette of India to be enforced in GIC companies & the scheme was named as GIC pension rule 1995. it was a Govt sponsored scheme & The New India assurance Co Being one of the Instrumentalities of the State directly coming under the ministry of Finance , the CCS Pension rules amended up to 1995 were used as the basic document to draft the GIC pension rule 1995.This is evident from the Para 54B & 55 of GIC pension rule 1995.
    In 1995 CCS pension rules contained provision which curtailed the pension on prorate basis if the qualifying service of the employee was less than 33 years & consequently same provision was incorporated in GIC pension rules at that time when it was started in 1995.But Para 54B of the GIC pension rule clearly states that any subsequent amendment in CCS pension rule 1972 has to be taken in to account in GIC pension rule 1995.
    CCS pension rules are deemed to have been amended with the implementation of 6th central pay commission w.e.f. 01/01/2006  in which the linkage of full pension with 33 years is removed & 10 years service on superannuation or 20 years on VRS fixed as the criteria for full of 50% of the last drawn pay  as per OM 38/37/08-P&PW (A) Dated 02/09/2008. Para 14 of the above OM clearly states that CCS pension rule is amended accordingly
     I would also like to mention that the supreme court has also ruled in R.P.(C) NO. 2565/2015 IN SLP(C) NO. 6567/2015 In Union of India Vs M O. INASU that pension should not be Less than 50% of the LPD Iif qualifying service is 20 years even in pre-2006 case.
    My retirement in 2011 on superannuation on completion of 21 years of qualifying service being within the purview of the amendedment to CCS pension rule by the implementation of 6th CPC w.e.f. o1/01/20016 is ignored by pension fixing authorities & failed to comply with the para 54B of GIC pension rules 1995 by not allowing 50 % pension on my LPD of 27160/-
     when I  retired on 31/10/2011,I was drawing a basic pay of  27160 & I was eligible to get a basic pension of 13580 (50% of 27160) but the Regional office has apportioned my Basic pension on pro rata basis to  13580 x21/33 by sanctioning only Rs 8642/- as basic pension.& depriving of Rs 4938/-
    Hence I kindly request Sir to re calculate my pension to 50 % of my Last pay drawn (27160)  Rs 13580/- with effect from 01/11/2011 as per provision contained in para 54B of GIC pension rule 1995 by applying CCS pension rules 1972 amended vide OM 38/37/08-P&PW (A) Dated 02/09/2008.  .
    Encl:-
    1)    Copy of Relevant pages of GIC pension rules 1975
    2)    Copy of OM 38/37/08-P&PW (A) Dated 02/09/2008
    3)    Copy of pension estimation sheet given to me




    Monday, 23 October 2017




    LIFE INSURANCE CORPORATION OF INDIA (EMPLOYEES)  PENSION  RULES, 1995
    GSR 525(E) In exercise of the powers conferred by Section 48 of the Life Insurance Corporation Act,1956 (31 of 1956), the Central Government hereby makes the following rules, namely :-
    CHAPTER - I
    PRELIMINARY
    1.               Short title and commencement -
    (1)                     These rules may be called the Life Insurance Corporation of India (Employees) Pension Rules, 1995.

    (2)                     Save as otherwise expressly provided in these rules, these rules shall be deemed to have come into force on the Ist day of November, 1993.

    2.Definitions - In these rules, unless the context otherwise requires -
    (a)                     “Act” means the Life Insurance Corporation Act, 1956 (31 of 1956);

    (b)                     “actuary” shall have the meaning assigned to it in clause (1) of Section 2 of the Insurance Act, 1938  (4  of 1938);

    (c)                     “Appendix” means an Appendix annexed to these rules;

    (d)                     “average emoluments” means the average of the pay drawn by an employee during the last ten months of his service;

    (e)                     “child” means a child of the employee, who, if a son, is under twenty-five years of age and if a daughter, is unmarried and is under twenty-five years of age and the expression “children” shall be construed accordingly;

    (f)                       “Competent Authority” means,-
    (i)                        in relation to employees belonging to the cadre of Assistant Administrative Officers and employees belonging to Class II, Class III and Class IV, the Zonal Manager in-charge of the Zone of the Corporation; and
    (ii)                      in any other case, the appointing authority specified by Appendix I to these rules;

    (g)                     “contribution” means any sum credited by the Corporation on behalf of an employee to the Fund, but shall not include any sum credited as interest;

    (h)                     “Corporation” means the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of  1956);
     199

    (i)                        “date of retirement” means the last day of the month in which an employee attains the age of superannuation or the date on which he is retired by the Corporation or the date on which the employee voluntarily retires;

    (j)“employee” means any person employed in the service

    of the Corporation on full-time work on permanent basis

    and who opts and is governed by these rules but does not

    include an employee retired before the commencement of

    these rules and who is drawing pension from the Pension

    Fund of the Oriental Government Security Life Assurance

    Company Limited in accordance with sub-regulation(2) of

    regulation 76 of the Life Insurance Corporation of India

    (Staff) Regulations, 1960, made under the Act;


    * Provided that where the Chairman of the Corporation

    appointed by the Central Government in accordance with

     Section 4 of the Act was immediately preceding such 

    appointment an Employee of the Corporation, then,

    subject to the terms of any contract, agreement or letter of 

    appointment or directions issued by the Central

    Government, such Chairman for the purposes of these rules

    shall also be deemed to be an employee of the Corporation.

    56. Residuary provisions -
     
    Matters relating to pension and other benefits in respect of which noexpress 
     
     provision has been made in these rules shall be governed by the
     
     corresponding provisions contained in the Central Civil Services (Pension)
     
    Rules, 1972 or the Central Civil Services (Commutation of Pension) Rules
     
    1981 applicable for central government employees.