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Core Purpose

Indian Bank (Employees') Pension (Amendment) Regulations, 2024, amending the Indian Bank (Employees') Pension Regulations, 1995 under Section 19(2)(f) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.

Detailed Summary

Vide F. No. Pen/01/2024(E) dated 5th October 2024, the Indian Bank Board of Directors, exercising powers under clause (f) of sub-section (2) of Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), after consultation with the Reserve Bank of India and with the Central Government's prior sanction, made the Indian Bank (Employees') Pension (Amendment) Regulations, 2024, amending the Indian Bank (Employees') Pension Regulations, 1995 (principal regulations published vide notification SRC/Pension/223 dated 29th September 1995, last amended vide Pen/01/2023 dated 6th October 2023): key changes include excluding the special allowance introduced from 1st November 2012 from pension computation while making stagnation-increment re-adjustment notionally effective from 1st November 2017 (with monetary benefit payable only from 1st November 2020); providing that removal of a workman employee shall not forfeit past service for pensionary benefits; inserting minimum pension amounts for employees retiring on or after 1st November 2017 (Rs. 3,985 per month for full-time employees, and Rs. 1,335/2,000/3,000 per month for part-time employees on 1/3, 1/2 and 3/4 scale wages respectively); revising family pension eligibility so that pension to a son/daughter or parent is discontinued once their income from employment or self-employment exceeds Rs. 12,000 per month; inserting additional pension amounts of Rs. 26,560 and Rs. 13,280 per month for employees who retired or died on or after 1st November 2017 (with these provisions ceasing effect from 1st April 2021 in favour of other provisions); revising the dearness relief formula in Appendix-II (0.07% of basic pension per 4-point rise/fall over 6,352 points on the CPI-Industrial Workers 1960=100 series, for employees retiring after 1st November 2017); and inserting a family pension table in Appendix III with minimum amounts of Rs. 3,985 to Rs. 6,365 per month and a maximum of Rs. 13,280 per month based on pay scale, for employees retiring on or after 1st November 2017, all of which cease from 1st April 2021 in favour of a flat 30% basic plus 30% additional family pension; the notification (ADVT.-III/4/Exty./568/2024-25) was signed by Ganesaraman A, Chief General Manager.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-TN-E-17102024-258002 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 799] NEW DELHI, SATURDAY, OCTOBER 12, 2024/ASVINA 20, 1946 INDIAN BANK (Human Resources Department) NOTIFICATION Chennai, the 5th October, 2024 F. No. Pen/01/2024 (E).—In exercise of the powers conferred by clause (f) of sub-section (2) of section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), the Board of Directors of the Indian Bank, after consultation with the Reserve Bank of India and with the previous sanction of the Central Government, hereby makes the following regulations further to amend the Indian Bank (Employees') Pension Regulations, 1995, namely:— 1. Short title and commencement.—(1) These regulations may be called the Indian 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 Indian Bank(Employees') Pension Regulations, 1995 (hereinafter referred to as the said regulations), in regulation 2, in clause (s), in sub-clause (d), the following provisos shall be inserted, namely:— "Provided further that special allowance introduced with effect from the 1st day of November, 2012 shall be excluded: Provided also that an employee who was in the services of the Bank as on the 1st November, 2017 and whose stagnation increments has been re-adjusted as per revised periodicity from the date of reaching their maximum scale of pay shall be notionally eligible for such revised stagnation increments with effect from the 1st November, 2017 for the purposes of Pension but the monetary benefit on account of such re- adjustment shall be payable only with effect from the 1st November, 2020 or the actual date of entitlement, whichever is later.". 3. In regulation 22 of the said regulations, in sub-regulation (1), the following proviso shall be inserted, namely:— "Provided that the removal of an employee, who is employed in the service of the Bank as a workman on full time work on permanent basis or on part-time work on permanent basis on scale wages, shall not entail for forfeiture of his entire past service and shall qualify for pensionary benefits.". 4. In regulation 36 of the said regulations, after clause (f), the following clause shall be inserted, namely:— “(g) rupees three thousand nine hundred and eighty-five per month in respect of an employee, other than a part- time employee, where the employee retired on or after the 1st day of November, 2017, rupees one thousand three hundred and thirty-five per month in respect of a part-time employee drawing 1/3 scale of wages, rupees two thousand per month in respect of part-time employee drawing ½ scale wages, and rupees three thousand per month in respect of a part-time employee drawing ³¼ scale wages, where the part-time employee retired on or after the 1st day of November, 2017.". 5. In regulation 40 of the said regulations, — (a) in sub-regulation (1), — (i) in clause (b), for the first proviso, the following proviso shall be substituted, namely:— "Provided that the family pension payable to son or daughter (including widowed or divorced) shall be discontinued or not be admissible when the eligible son or daughter starts earning a sum in excess of rupees twelve thousand per month from employment in Government or private sector or self- employment:"; (ii) for clause (c), the following clause shall be substituted, namely:- "(c) in the case of parents, the family pension shall be discontinued or not be admissible if the income of one of the parents or the aggregate income of both the parents from employment in Government or Private sector or self-employment, exceeds rupees twelve thousand per month;"; (b) in sub-regulation (4), — (i) in clause (a), after sub-clause (vi), the following shall be inserted, namely:— "(vii) twenty-six thousand five hundred and sixty rupees per mensem only in respect of employees, both officers and workmen, who retired or died on or after the 1st day of November, 2017: Provided that on and from the 1st day of April, 2021, sub-clauses (i) to (vii) shall cease to have effect and the amount of both pensions for all the above said category of employees shall be payable as per the provisions of sub-clause (i) of clause (a) and sub-clause (i) of clause (b) of sub-regulation (3) of regulation 39."; (ii) in clause (b), after sub-clause (vi), the following shall be inserted, namely:— "(vii) twenty-six thousand five hundred and sixty rupees per mensem only in respect of employees, both officers and workmen, who retired or died on or after the 1st day of November, 2017: Provided that on and from the 1st day of April, 2021, sub clause (i) to (vii) shall cease to have effect and the amount of both the pension for all the above said category of employees shall be payable as per the provisions of sub regulation (1) of regulation 39 or sub-clause (i) of clause (a) and sub-clause (i) of clause (b) of sub-regulation (3) of the said regulation, as the case may be."; (iii) in clause (c), after sub-clause (vi), following sub-clauses shall be inserted, namely: “(vii) thirteen thousand two hundred and eighty only in respect of employees, both officers and workmen, who retired or died on or after the 1st day of November, 2017: Provided that on and from the 1st day of April, 2021, sub clause (i) to (vii) shall cease to have effect and the amount of the two pensions for all the above said category of employees shall be payable as per the provisions of sub-regulation (1) of regulation 39.”. 6. In Appendix-II to the said regulations, the clause (4) in the Appendix-II shall be substituted, namely:- "(4) In respect of employees who retire on or after the 1st May, 2005, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2288 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100. Such increase or decrease in dearness relief for every said 4 points shall be calculated at the rate of 0.18 per cent. of basic pension:Provided that on and from the 1st day of May, 2005, in respect of employees who retired on or after the 1st day of November, 2002 but on or before the 30th day of April, 2005, dearness relief shall be payable in terms of this clause: Provided further that in respect of employees who retired on or after the 1st day of November, 2007, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2836 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100. Such increase or decrease in dearness relief for every said 4 points shall be calculated at the rate of 0.15 per cent. of basic pension: Provided also that in respect of employees who retired on or after the 1st day of November, 2012, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 4440 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100.Such increase or decrease in dearness relief for every said 4 points shall be calculated at the rate of 0.10 per cent. of basic pension: Provided also that in respect of employees who retired on or after the 1st day of November, 2017, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 6352 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100. Such increase or decrease in dearness relief for every said 4 points shall be calculated at the rate of 0.07 per cent. of basic pension.". 7. In Appendix III to the said regulations, after clause (f), the following clauses shall be inserted, namely:— "(g) in respect of employees (both officers and workmen) other than part-time employees retiring on or after the 1st day of November, 2017: +---------------------+--------------------------------------------------------------------------------------------------+ | Scale of pay per | Amount of monthly family pension | | month | | | (1) | (2) | +=====================+==================================================================================================+ | Upto Rs.15,880 | 30 per cent. of the pay shall be the basic family pension and additional 30 per cent. of | | | allowance, which are counted for making contribution to provident fund but not for dearness | | | allowance, shall be the additional family pension: | | | Provided that the aggregate of basic and additional family pension shall be subject to a | | | minimum of Rs.3985 per month. | +---------------------+--------------------------------------------------------------------------------------------------+ | Rs.15,881 to | 20 per cent. of the pay shall be basic family pension and additional 20 per cent. of allowance, | | Rs.31,760 | which are counted for making contributions to provident fund but not for dearness allowance, | | | shall be the additional family pension: | | | Provided that the aggregate of basic and additional family pension shall be subject to minimum | | | of Rs.4900 per month. | +---------------------+--------------------------------------------------------------------------------------------------+ | Above Rs.31,760 | 15 per cent. of the pay shall be the basic family pension and additional 15 per cent. of | | | allowances, which are counted for making contributions to provident fund but not for the | | | dearness allowance, shall be the additional family pension: | | | Provided that the aggregate of basic and additional family pension shall be subject to a | | | minimum of Rs.6365 per month and maximum of Rs.13280 per month. | +---------------------+--------------------------------------------------------------------------------------------------+ (h) On and from the 1st day of April, 2021 clauses (a) to (g) shall cease to have effect and in respect of all employees (both officers and workmen) mentioned in the said clauses, 30 per cent. of the 'Pay' shall be the basic family pension plus 30 per cent. of allowance which are counted for making contribution to provident fund but not for dearness allowance, shall be the additional family pension.". Explanatory Memorandum The regulations which have been given retrospective effect are as per the agreed terms and conditions of the settlements and Joint Notes signed between the Indian Banks' Association on behalf of member banks on the basis of specific mandate given by the respective banks in this regard and apex level workmen unions and officers' associations of the banks. Therefore, interests of no person shall be adversely affected by such retrospective effect. GANESARAMAN A, Chief General Manager [ADVT.-III/4/Exty./568/2024-25] Note: The principal regulations were published in the Gazette of India, Part III, Section 4 vide notification number SRC/Pension/223, dated the 29th September,1995 and lastly amendedvide notification number Pen/01/2023, dated the 6th October, 2023.

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