IBA DA Circular for Pensioners

[Beekay Sharma]

Dear Mr Prasad

While going through the IBA's DA circular for
pensioners i noted the following lines
-"Pending amendments to Pension Regulations, Bank may pay on adhoc
basis, the dearness relief to pensioners for the period..... as per
the Annexure."
Mr Prasad can you clarify why these lines are written in every
circular of DA for pensioners.Is there any game being played by the
IBA .
IBA's circular for your ready reference is attached for the benefit of
all my fellow pensioners if they can make out anything out of it.
kindly acknowledge and make me understand.

--
BKSharma,Jaipur
Ex VRS2000,PNB

[mohan p]

Dear Mr.Sharma,

                                     It is a fact that inordinate delay is often observed in the matter of amendment of Pension Regulations/Officers Service Regulations from time to time.by Banks,reasons best known to them.

The rate of Dearness Relief payable on Basic Pension / Family Pension / Invalid pension / on Compassionate Allowance is in accordance with the rates specified under Bank Employees Pension Regulations 1995, Regulation 37,Appendix II.

At the time of each wage revision(BPS/Joint Note) takes place once in every 5 years the rate of DA payable varies to serving employees/pensioners on account of merger of certain portion of index points.

Pension Regulations are not amended as and when such revision takes place to incorporate latest changes. 

This happens not in the case of DA to employees /Pensioners but in the case of revised Basic Pay of serving employees when BPS/Joint note is signed.Fixation of basic Pay and payment of arrears etc are also made on adhoc basis pending amendment to OSR

.The Pension Regulations of each Banks are framed 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 each bank ,after consultation with the Reserve Bank of India and with the previous sanction of the Central Government.

As such,the amendments may involve certain process which were not carried out as and when such changes in DA formula takes place.

 Incorporating  the wording by IBA in DA Circular,'pending amendments to Pension Regulations' Bank may pay DA on adhoc basis ' arise on this background.

In case of DA pertaining to serving employees also reference of Officers Service Regulations and similar wordings can be seen in IBA circular.

--
BKSharma,Jaipur
Ex VRS2000,PNB

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[Prasad C N]

Dear Shri Sharmaji,

It is well established legal position that payment of Pension is governed by Pension Regulations, not in terms of Settlements.  In fact, any Settlement which takes away any Statutory vested rights, such Settlement hit Section 23 of Contract Act also.  

You can go through Pension Regulations, wherein, till it is amended, payment of DA is based on pre-settlement formula, but not post-settlement formula.

This is another front open to retirees.  Please wait.

 

Thanks, a Million.

With regards,
Prasad C N

---

From: Beekay Sharma <beek...@gmail.com>
To: cn_prasad59 <cn_pr...@yahoo.com>
Cc: bankpe...@googlegroups.com
Sent: Tuesday, 29 January 2013 3:53 PM
Subject: IBA DA Circular for Pensioners

[L S RAMAN]

The pension regulations 1995 is the approved and authenticated  document regarding pension payment to thr employees of PSBS and the subsequent changes ib the pension regulations arising out of areements between the IBA and Union/Associations are adhoc and provisional till they are approved by the respective Boards of PSBS and Govt of India.The reduced D.A.Payable to thepre2002 retirees and 41% DA are still provisional and it is illegal to proceed payment of D.A on the basis of adhoc arrangements and could be questioned the Courts of Law.
   While I have clarified the position as pere my understanding Irequest that if any other interpretation is availeble thasame may be informed to the members of the Group.
RamanL.S.

--
BKSharma,Jaipur
Ex VRS2000,PNB

[venkat rao]

Dear Friends,                    The pension for Jan 2013 has not been credited on 27th as was expected by... many us from SBM.This is for information. Venkatrao.H SBM Mysore --- On Tue, 29/1/13, Prasad C N <cn_pr...@yahoo.com> wrote:

[Prasad C N]

Dear Mr.Raman,

All Banks, other than Associate Banks of SBI have amended Pension Regulations from time to time.  Amendment is complete if and only if it is notified in Gazette after a sub-committee approves such amendments.  Dates of amendments in respect of 7th BPS is 

Vijaya Bank : 14.12.2002

Syndicate Bank : 23.11.2002

Andhra Bank : 22.2.2003

Corporation Bank 1.4.2003

United Bank of India : 6.9.2003

Dena Bank : 6.9.2003

As I understand, amendments have taken place covering 7th BPS in all PSBs other than ABs.  

Cases relating to 7th BPS, i.e 1616-1684 points (i.e 41% DA issue) have already reached Supreme Court, as SLPs have been filed by Banks and in some of the cases, Leave have also been granted (i.e admitted).

Judgment of KHC & MHC cover the Banks which have already amended Pension Regulations.  These courts have decided that Pension Regulations as exists on the date of retirement is applicable, but not amended Regulations, amended subsequent to date of retirement.

There are several issues regarding these issues.  Let us leave them at present. 

 

 

Thanks, a Million.

With regards,
Prasad C N

---

From: L S RAMAN <raman...@gmail.com>
To: bankpe...@googlegroups.com
Sent: Wednesday, 30 January 2013 5:58 AM
Subject: Re: bankpensioner IBA DA Circular for Pensioners

[L S RAMAN]

Snice most of these agreements are under judicial scrutiny it may not be feasible to place the modifications for approval of the Boards of PSBS and Govt.There fore revision of salary and reduction in pension continue to be provisional
Raman L.S.