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Core Purpose

Notification by Assam Gramin Vikash Bank amending its Employees' Pension Regulations, 2018 concerning eligibility and application provisions for the pension option cutoff date.

Detailed Summary

Assam Gramin Vikash Bank, vide F. No. AGVB/PER/ESTT-B/08/03/2024-25 dated 7th October 2024, in exercise of powers under section 30 read with sub-section (1) of section 17 of the Regional Rural Banks Act, 1976 (21 of 1976), after consultation with sponsor bank Punjab National Bank and NABARD and with prior Central Government sanction, makes the Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024, amending the Assam Gramin Vikash Bank (Employees') Pension Regulations, 2018 (principal regulations published vide notification No. 532 dated 24th December 2018): regulation 2(1)(k) substitutes the cutoff date '1st day of April, 2018' with '1st day of November, 1993'; regulation 3 (Application) is substituted to set out refund conditions for employees who served between 1st September 1987 and 31st March 2010 covering those retired/dismissed/removed/terminated, those continuing in service, and those who opted out or resigned under section 23A(3)(b) of the Act, including family pension refund conditions and Bank authorisation to adjust refund amounts, and clarifies employees joining on or after 1st April 2010 are covered by the National Pension System; regulation 20 is amended to add a proviso preventing forfeiture of service for certain covered employees; regulations 32 and 50 are substituted regarding eligibility for pension/family pension from the effective date and the date from which pension becomes payable; the notification is signed by Debasish Gangopdhyay, Chairman.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-AS-E-22102024-258127 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 805] THE GAZETTE OF INDIA : EXTRAORDINARY [PART III-SEC.4] NEW DELHI, MONDAY, OCTOBER 14, 2024/ASVINA 22, 1946 ASSAM GRAMIN VIKASH BANK NOTIFICATION Guwahati, 7 October 2024 F.No. AGVB/PER/ESTT-B/08/03/2024-25– In exercise of the powers conferred by Section 30 read with sub-section (1) of section 17 of the Regional Rural Banks Act, 1976 (21 of 1976) the Board of Directors of Assam Gramin Vikash Bank, after consultation with Punjab National Bank being the Sponsor Bank, and the National Bank for Agriculture and Rural Development and with the previous sanction of the Central Government, hereby makes the following regulations to amend the Assam Gramin Vikash Bank (Employees') Pension Regulations, 2018, namely: 1. (1) These Regulations may be called Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Assam Gramin Vikash Bank (Employees') Pension Regulations, 2018 (hereinafter referred to as the said regulations), in regulation 2, in sub-regulation (1), in clause (k), for the figures, letters and words “1st day of April, 2018", the figures, letters and words "1st day of November, 1993" shall be substituted. 3. In regulation 3 of the said regulations, the following regulation shall be substituted, namely:- "3. Application.–(1) Any employee who (a) was in the service of the Bank between the 1st September, 1987 and the 31st March, 2010 and retired or dismissed or removed or terminated from service before the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 and refunded or becomes a member of the Fund and refund within fifteen days from the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette, the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) and the periodic pension, if any, received by him under the Employees' Pension Scheme, 1995 attributable to any period before date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette but without, in either case, requiring to pay interest on such amounts from the date of receipt of such amounts to the date of refund: Provided that an employee who is required to refund the amounts as per this clause may authorise the Bank to adjust these amounts from the amounts payable by the Bank to the employee: Provided further that an employee who was eligible to opt for pension under the said regulations but did not opt within the stipulated time or having opted not refunded the money within the stipulated time, the periodic pension, if any, received by him under the Employees' Pension Scheme, 1995, need not be refunded. (b) was in the service of the Bank between the 1st September, 1987 and the 31st March, 2010 and continue to be in the service of the Bank on or after the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette, and a member or becomes member of the Fund and caused or cause to transfer the entire contribution of the Bank along with the interest accrued thereon, within fifteen days from the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette, to the credit of the Fund constituted in regulation 4 and refund the portion of pension, if any, received by him under Employees' Pension Scheme 1995, and attributable to any period before date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette. (c) was in the service of the Bank between the 1st September, 1987 and the 31st March, 2010 and exercised an option under clause (b) of sub-section (3) of section 23A of the Act or resigned before the notification of the said Regulations, in either case, after having completed twenty years of qualifying service and by giving proper notice, shall become member of the Fund and refund within fifteen days from the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette, the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) and periodic pension, if any, received by him under the Employees' Pension Scheme, 1995 attributable to any period before date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette but without, in either case, requiring to pay interest on such amounts from the date of receipt of such amounts to the date of refund: Provided that an employee, who is required to refund the amounts, under this clause may authorise the Bank to adjust these amounts from the amounts payable by the Bank to the employee. (2) The family of the employee covered under clauses (a) and (c) of sub-regulation (1), shall be entitled to family pension under these regulations when the family of such deceased employee refunded or refunds within thirty days from the date of notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 in the Official Gazette, the entire final amounts received by the deceased employee or as the case may be the family, the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995, and interest accrued thereon till the date of receipt of the amount by the deceased employee or, as the case may be, the family of a deceased employee and pension or family pension, if any, received by the employee or the family of the deceased employee under the Employees' Pension Scheme, 1995, but in either case without requiring to pay interest from the date of receipt to the date of refund. Provided that a family of the deceased employee, who is required to refund the amounts under this clause may authorise the Bank to adjust these amounts from the amounts payable by the Bank to the employee. (3) Notwithstanding anything contained in this regulation, any employee who joined the service of the Bank on or after the 1st April, 2010 shall be covered by the National Pension System". 4. In regulation 20 of the said regulations, after sub-regulation (1), the following proviso shall be inserted, namely:- "Provided that there would no forfeiture of service for employees covered under clause (c) of sub-regulation (1) of regulation 3". 5. In regulation 32 of the said regulations, the following regulation shall be substituted namely:- "Payment of pension or family pension in respect of certain employees.- (1) Employees who have retired from the service of the Bank between the 1st September, 1987 and the 31st October, 1993 shall be eligible for pension from the effective date. (2) The family of a deceased employee, who was in service between the 1st September, 1987 and the 31st October, 1993 and died before the 31st October, 1993 shall be eligible for payment of family pension from the effective date”. 6. In regulation 50 of the said regulations, the following regulation shall be substituted, namely:- "Date from which pension becomes payable.- (1) Except in the case of an employee to whom the provisions of sub- regulation (1) of regulations 32, or 41, or 44 apply a pension other than the family pension shall become payable from the date following the date on which an employee retires or, as the case may be, resigns or opts not to join the transferee bank under clause (b) of sub-section (3) of section 23A of the Act on refund or refunding or authorising adjustment of the entire amounts specified under sub-regulation (1) of regulation 3 within the time stipulated under Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024. (2) Except in the case of an employee to whom the provisions of sub-regulation (1) of regulations 32, or 41, or 44 apply, family pension shall become payable from the date following the date of death of the employee, on refunding or authorising adjustment of the entire amounts specified under sub-regulation (2) of regulation 3 within the time stipulated under Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024. (3) Notwithstanding anything contained in these regulations, in case of an employee, or as the case may be, family of the deceased employee who was eligible to opt for pension, or as the case may be, family pension under the said regulations but did not opt or opted but did not refund the money, but refunds or authorise adjustment of money under clause (a) of sub-regulation (1) of regulation (3), or as the case may be, under sub-regulation (2) of regulation 3 on or after notification of Assam Gramin Vikash Bank (Employees') Pension (Amendment) Regulations, 2024 shall be entitled for pension, family pension, or as the case may be, from date of refund or adjustment under clause (c) of sub- regulation (1) of regulation 3, or as the case may be, sub-regulation (2) of regulation 3, or the date of retirement or resignation, or death, as the case may be, whichever is later." DEBASISH GANGOPDHYAY, Chairman [ADVT.-III/4/Exty./574/2024-25] Note: The principal notification was published vide number 532 dated 24 December 2018 in the Gazette of India, Extraordinary, Part III, section 4, Extraordinary.

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