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Core Purpose

Notification by UCO Bank promulgating the UCO Bank (Employees') Pension (Amendment) Regulations, 2024, amending the UCO Bank (Employees') Pension Regulations, 1995, under section 19(2)(f) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.

Detailed Summary

UCO Bank (Head Office: Kolkata), vide Notification F. No. HOPSD/Pension/2024-25/50-(E) dated 1st July 2024, in exercise of 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), and after consultation with the Reserve Bank of India and with the previous sanction of the Central Government, promulgates the UCO Bank (Employees') Pension (Amendment) Regulations, 2024, amending the UCO Bank (Employees') Pension Regulations, 1995 (principal regulations notified vide PER/PEN/265/95 dated 29th September 1995 and last amended vide HOPSD/Pension/2023-24/67 dated 18th August 2023); the amendments insert provisos to regulation 2(s)(d) excluding the special allowance introduced from 1st November 2012 and granting notional eligibility for revised stagnation increments from 1st November 2017 (with monetary benefit payable from 1st November 2020) for employees in service as on 1st November 2017; amend regulation 22(1) to prevent forfeiture of past service on removal of certain workmen employees; insert clause (g) into regulation 36 prescribing minimum pension amounts (Rs. 3,985 per month for full-time employees and varying amounts for part-time employees) for employees retiring on or after 1st November 2017; amend regulation 40 provisions on family pension for sons/daughters and parents, discontinuing eligibility where income exceeds Rs. 12,000 per month; revise regulation 40(4) pension ceiling amounts (Rs. 26,560, effective from 1st April 2021 per the payment formula in regulation 39); revise Appendix-II clause (4) dearness relief calculation rates (0.18%, 0.15%, 0.10% and 0.07% of basic pension per 4-point index rise/fall at successive thresholds of 2288, 2836, 4440 and 6352 points on the All India Average Consumer Price Index for Industrial Workers, 1960=100 series) for employees retiring at different dates from 1st May 2005 through 1st November 2017; and insert Appendix-III clauses (g) and (h) setting family pension percentages (30%, 20%, 15% of pay by pay-scale band, with minimums of Rs. 3,985, Rs. 4,900 and Rs. 6,365-13,280) with a uniform 30% formula applying from 1st April 2021; the notification states the retrospective provisions follow agreed terms of settlements and Joint Notes signed between the Indian Banks' Association and workmen unions/officers' associations; signed by Ambikanand Jha, General Manager, under ADVT.-III/4/Exty./244/2024-25.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-WB-E-02072024-255095 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 475] NEW DELHI, TUESDAY, JULY 2, 2024/ASHADHA 11, 1946 UCO BANK (Head Office: Kolkata) NOTIFICATION Kolkata, the 1st July, 2024 F. No. HOPSD/Pension/2024-25/50-(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 UCO 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 UCO Bank (Employees') Pension Regulations, 1995, namely:- 1. (1) These regulations may be called the UCO 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 UCO 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 have 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 ¾ 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 etc." (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-clause (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-clause (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 the 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, for clause (4), the following 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.3,985 per month. | +-----------------+--------------------------------------------------------------------------------+ | Rs.15,881 to | 20 per cent. of the pay shall be basic family pension and additional 20 per | | Rs.31,760 | cent. of allowance 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.4,900 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.13,280 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. AMBIKANAND JHA, General Manager [ADVT.-III/4/Exty./244/2024-25] Note: The principal regulations were published in Gazette of India, Part III, Section 4 vide notification number PER/PEN/265/95, dated the 29th September, 1995 and lastly amended vide notification number HOPSD/ Pension/ 2023-24/67, dated the 18th August, 2023.

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