AIBOC Circular to IBA - to extend pension to normal vrs ppl

[chan]

ALL INDIA BANK OFFICERS’ CONFEDERATION
(Registered under the Trade Unions Act 1926, Registration No: 3427/
Delhi)
State Bank of Buildings, St. Mark’s Road,
Bangalore – 560 001


CIRCULAR NO: 125 28th AUGUST, 2010

TO ALL AFFILIATES/MEMBERS:


ANTOHER OPTION TO JOIN THE PENSION SCHEME TO THOSE WHO DID NOT OPT FOR
PENSION EARLIER

THE CASE OF OFFICERS WHO RETIRED UNDER VOLUNTARY RETIREMENT SCHEME OF
THE INDIVIDUAL BANKS


We have addressed a letter to the Chairman, Indian Banks’ Association
on the captioned issue, urging upon him to accord an option to those
officers who retired under Voluntary Retirement Scheme of individual
Banks to join the Pension Scheme now settled as per the Joint Note
dated 27.04.2010.

2. A copy of the letter is annexed to this and the same is self-
explicit.

3. We request the members to have patience.

With warm greetings




(G.D.NADAF)
GENERAL SECRETARY







No./1452/302/10
28.08.2010

To,
The Chairman,
The Indian Banks’ Association,
World Trade Centre Complex,
Centre 1, 6th Floor, Cuffe Parade,
MUMBAI – 400 005.

Dear Sir,

JOINT NOTE WITH OFFICERS’ ORGANISATIONS FOR EXTENDING ANOTHER OPTION
TO JOIN THE PENSION SCHEME TO THOSE WHO DID NOT OPT FOR PENSION
EARLIER

We draw your kind attention to the letter issued by IBA vide CIR/
HR&IR/G-2/665/90/2010-11/999 dated 10.08.2010, Para 13, wherein,
interalia, it is indicated that, “In terms of Memorandum of settlement
dated 27th April, 2010, in the case of workmen employees and Joint
Note dated 27th April, 2010, in case of officer employees, those who
ceased to be service on account of retirement on superannuation, death
or on account of VRS under special scheme prior to 27th April, 2010
but after 29th September, 1995 from Nationalised Banks and after 26th
March, 1996 from Associated Banks of State Bank of India are eligible
to opt for joining the Pension Scheme now as retired employees subject
to terms and conditions stipulated. Those who were in the service of
the Banks as on 27th April, 2010 will be eligible to join the Pension
Scheme as serving employees subject to the terms and conditions”.

2. We wish to inform you that the above statement totally negates the
contents of the Joint Note on agreed conclusions reached on 27.04.2010
between Indian Banks’ Association on behalf of the Managements of
Banks and All India Bank Officers’ Confederation (AIBOC). Nowhere in
the original Joint Note dated 27.04.2010 it is mentioned that the
Officers who ceased to be in service on account of retirement on
superannuation, death or on account of VRS under special scheme; only
are eligible to opt for joining the pension scheme now, as retired
employees and the above position is in total contradiction of the
agreed conclusions in the Joint Note dated 27.04.2010.

3. We draw your kind attention, to the Joint Note dated 27.04.2010,
item No. 3(a), under the caption “The parties held various rounds of
discussions in the matter and have now reached conclusions as set out
hereunder:

Another Option for joining the existing Pension Scheme shall be
extended to those officers who “were in the service of the Bank prior
to 29th September, 1995 in case nationalised Banks/26th March, 1996 in
case of Associate Banks of State Bank of India and retired after that
date and prior to the date of this Joint Note”.

4. The Joint Note makes a mention about the officers, who retired
under special Voluntary Retirement Scheme: 2000 mooted by the Govt. of
India. Please refer clause No.8 of the Joint Note, which states that:

5. “Pension/Family Pension to those who opt to join the Pension Scheme
complying with the terms of this Joint Note shall be payable with
effect from 27th November, 2009, provided that Officers who “retired”
after that date shall get pension from the respective dates of their
retirement. All the Regulations of the Bank Employees’ Pension
Regulations 1995/1996 shall be applicable to those who opt for the
Pension Scheme in terms of this Joint Note except to the extent
mentioned in the foregoing clauses of this Joint Note”.

6. As the Joint Note provisions are bound by the Bank Employees’
Pension Regulations 1995/1996, all the “retirees” who retired from the
service of the Banks during the period 29.09.1995 and 27.04.2010 are
eligible to opt for the Pension Scheme introduced now. It is
pertinent to note here the provisions of the Bank Employees’ Pension
Regulations 1995/1996, as to the definition of “Retirement”,
eligibility criteria for opting for Pension etc.

7. We invite your kind attention to the following:
Chapter: I: Preliminary:
Definitions:
(a) “Date of Retirement” means: “The last date of the month in which
an employees attains the age of superannuation or the date on which he
is retired by the Bank or the date on which the employee voluntarily
retires or the date on which the officer is deemed to have retired”.

(b) “Retirement” means cessation from Bank’s service:
(i) On attaining, the age of “Superannuation” specified in service
Regulations or settlements.
(ii) On “Voluntary Retirement” in accordance with provisions contained
in Regulation 29 of these Regulations.
(iii) On “Premature retirement” by the Bank before attaining the age
of superannuation specified in Service Regulations or settlement.

Chapter V: Classes of Pension: Regulation 29: Pension on Voluntary
Retirement:

(i) On or after the 1st day of November, 1993 at any time after an
employee has completed twenty years of qualifying service he may, by
giving notice of not less than three months notice in writing to the
appointing authority, retired from service

Provided that this sub-regulation shall not apply to an employee who
is on deputation or study leave abroad unless, after having been
transferred or having returned to India he has resumed the charge of
the post in India and has served for a period of not less than one
year;

Provided further that this sub-regulation shall not apply to an
employee who seeks retirement from service for being absorbed
permanently in an autonomous body or a public sector undertaking or
company or institution or body whether incorporated or not to which he
is on deputation at the time of seeking voluntary retirement.

Provided that this sub-regulation shall not apply to an employee who
is deemed to have retired in accordance with clause (I) of regulation
2.

(ii) The notice of voluntary retirement given under sub-regulation (1)
shall require acceptance by the appointing authority.

Provided that where the appointing authority does not refuse to grant
the permission for retirement before the expiry of the period
specified in the said notice, the retirement shall become effective
from the date of expiry of said period.

(iii) (a) An employee referred to in Sub-regulation may make a request
in writing to the appointing authority to accept notice of voluntary
retirement of less than three months giving reasons thereof
(b) On receipt of a request under clause (a), the appointing authority
may subject to the provisions of sub-regulation (2), consider such
request for the curtailment of the period of notice of three months on
merits – and if it is satisfied that the curtailment of the period of
notice will not cause any administrative inconvenience, the appointing
authority may relax the requirement of notice of three months on the
condition that the employee shall not apply for commutation of a part
of his pension before the expiry of the period of notice of three
months.

(iv) An employees, who has elected to retire under this regulation and
has given necessary notice to that effect to the appointing authority,
shall be precluded from withdrawing his notice except with the
specific approval of such authority; provided that the request for
such withdrawal shall be made before the intended date of his
retirement.

(v) The qualifying service of an employee retiring under this
regulation shall be increased by a period not exceeding five years,
subject to the condition that the total qualifying service rendered by
such employee shall not in any case exceed thirty-three years and it
does not take him beyond the date of superannuation.

(vi) Pension of an employee retiring under this regulation shall be
based on the average emoluments as defined under clause (d) of
regulation 2 of these regulations and the increase not exceeding five
years in his qualifying service shall not entitle him to any notional
fixation of pay for the purpose of calculating his pension.

8. You may be aware of the fact that there is a provision in the Bank
Officers’ Service Regulations 1976/1979 for taking “Voluntary
Retirement” which was introduced in some Banks in the late 80’s. Rules
regarding Voluntary Retirement of Officers under proviso to Regulation
(1) of Officers’ service Regulations, make it abundantly clear that:

“ a. An Officer employees retiring voluntarily shall be entitled to
all benefits available under the normal retirement in accordance with
the provisions of Officers’ Service Regulations, including encashment
of accumulated privilege leave as also all other terminal benefits”.

9. Therefore, it is very clear that the Bank’s Voluntary Retirement
Scheme is as per the Officers’ Service Regulations which are approved
by the Central Government. Thus, it can be concluded that the VRS
Scheme introduced by the Banks is the Government approved Scheme.

10. From the above it is crystal clear that an officer having
completed 20 years of service and who gives 3 months notice to retire
from service and is permitted to retire under VRS, is entitled for
pension option now.

11. From the foregoing it is crystal clear that the “retirees” for the
purpose of opting for Pension as per the Joint Note dated 27.04.2010
comprise:

(i) Officers who have retired from the service of the Bank on
attaining superannuation i.e., after attaining 58/60 years of age as
per Service Regulations.

(ii) Officers who have retired under the “Voluntary retirement Scheme”
of the Bank after completing 20 years of service, in conformity with
Officers’ Service Regulations

(iii) Officers who retired voluntarily in conformity with the
provisions of Regulation 29 of Bank Employees’ Pension Regulations,
1995/1996 under the Voluntary Retirement Schemes of the Banks.

(iv) Officers who retired from the service of the Bank on account of
voluntary Retirement under special scheme: 2000 after rendering a
minimum service of 15 years.

(v) Officers who were retired by the Bank on account of orders of the
Bank to retire prematurely including employees who are compulsorily
retired from service as a penalty on or after 29.09.1995 but before
27.04.2010.

12. In this background your communication restricting the Pension
Option only the Officers who:
- retired on superannuation
- death
- retired on account of VRS under special scheme

and precluding the officers who voluntarily retired from the service
of the Bank is a unilateral, arbitrary decision and therefore we
request you to issue a corrigendum to your circular letter dated
10.08.2010 to the above effect immediately. We have been informed by
some of our affiliates that you have offered clarification to the
effect that the officers who have retired under normal Voluntary
Retirement Scheme of the Bank are not eligible for pension, has come
as a shocking surprise to us.

13. Moreover, the provisions of the Bipartite settlement dated
29.10.1993 have not been amended/modified or superseded by the Joint
Note and therefore your communication dated 10.08.2010 is ultra-vires
the Bank Employees’ Pension Regulations 1995.

14. We wish to reiterate that your communication is totally
misleading, in abject contradiction of what is stated in the Joint
Note dated 27.04.2010 and in contravention of the Bank Employees’
Pension Regulations 1995/1996. It is totally unjust and
discriminatory and we once again request you to correct the position
and issue a communication stating that the officers who have retired
under Voluntary Retirement Schemes of the individual Banks, the
Officers who are prematurely retired on account of imposition of
punishment such as Compulsory Retirement etc., are also eligible to
opt for Pension in conformity with the Joint Note dated 27.04.2010.

15. We request you to arrange for a meeting with us to have a thorough
discussion on this matter, which calls for your immediate attention.

16. An early action in this regard is highly appreciated.

Thanking you,
Yours faithfully,



SD/-
(G. D. NADAF)
GENERAL SECRETARY

[PARASURAMAN K]

Dear All
28 4 2010 is really a red letter day for all the VRS PF optees for NOW
the majority organisation representing the Officers In Banking
Industry [inclussive of SBI] at last woke up to the cause of one more
option for VRS retirees atleast before the end of deadline for
submitting option. May I request them to press for extenting the date
/ give a seperate offer to these type of retirees.

Also one more small number of our brethren in the industry who are
'RESIGNEE RETIREES'
May I request all the parties to the UFBU to raise their vocie for
these people also so that
a fair chance is given to all.
K Parasuraman

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[R.K. Pathak]

Thank you for your support to resignees

[mml_gupta]

any body may help getting union bank of india circular on the blog
On Mon, 30 Aug 2010 18:42:13 +0530 wrote

>ALL INDIA BANK OFFICERS’ CONFEDERATION

(Registered under the Trade Unions Act 1926, Registration No: 3427/

Delhi)

State Bank of Buildings, St. Mark’s Road,

Bangalore –560 001





CIRCULAR NO: 125 28th AUGUST, 2010



TO ALL AFFILIATES/MEMBERS:





ANTOHER OPTION TO JOIN THE PENSION SCHEME TO THOSE WHO DID NOT OPT FOR

PENSION EARLIER



THE CASE OF OFFICERS WHO RETIRED UNDER VOLUNTARY RETIREMENT SCHEME OF

THE INDIVIDUAL BANKS





We have addressed a letter to the Chairman, Indian Banks’ Association

on the captioned issue, urging upon him to accord an option to those

officers who retired under Voluntary Retirement Scheme of individual

Banks to join the Pension Scheme now settled as per the Joint Note

dated 27.04.2010.

2.A copy of the letter is annexed to this and the same is self-

explicit.



3.We request the members to have patience.

2.We wish to inform you that the above statement totally negates the

contents of the Joint Note on agreed conclusions reached on 27.04.2010

between Indian Banks’ Association on behalf of the Managements of

Banks and All India Bank Officers’ Confederation (AIBOC). Nowhere in

the original Joint Note dated 27.04.2010 it is mentioned that the

Officers who ceased to be in service on account of retirement on

superannuation, death or on account of VRS under special scheme; only

are eligible to opt for joining the pension scheme now, as retired

employees and the above position is in total contradiction of the

agreed conclusions in the Joint Note dated 27.04.2010.

3.We draw your kind attention, to the Joint Note dated 27.04.2010,

item No. 3(a), under the caption “The parties held various rounds of

discussions in the matter and have now reached conclusions as set out

hereunder:



Another Option for joining the existing Pension Scheme shall be

extended to those officers who “were in the service of the Bank prior

to 29th September, 1995 in case nationalised Banks/26th March, 1996 in

case of Associate Banks of State Bank of India and retired after that

date and prior to the date of this Joint Note”.

4.The Joint Note makes a mention about the officers, who retired

under special Voluntary Retirement Scheme: 2000 mooted by the Govt. of

India. Please refer clause No.8 of the Joint Note, which states that:



5.“Pension/Family Pension to those who opt to join the Pension Scheme

complying with the terms of this Joint Note shall be payable with

effect from 27th November, 2009, provided that Officers who “retired”

after that date shall get pension from the respective dates of their

retirement. All the Regulations of the Bank Employees’ Pension

Regulations 1995/1996 shall be applicable to those who opt for the

Pension Scheme in terms of this Joint Note except to the extent

mentioned in the foregoing clauses of this Joint Note”.

6.As the Joint Note provisions are bound by the Bank Employees’

Pension Regulations 1995/1996, all the “retirees” who retired from the

service of the Banks during the period 29.09.1995 and 27.04.2010 are

eligible to opt for the Pension Scheme introduced now. It is

pertinent to note here the provisions of the Bank Employees’ Pension

Regulations 1995/1996, as to the definition of “Retirement”,

eligibility criteria for opting for Pension etc.

7.We invite your kind attention to the following:

Chapter: I: Preliminary:

Definitions:

(a)“Date of Retirement” means: “The last date of the month in which

an employees attains the age of superannuation or the date on which he

is retired by the Bank or the date on which the employee voluntarily

retires or the date on which the officer is deemed to have retired”.



(b)“Retirement” means cessation from Bank’s service:

(i)On attaining, the age of “Superannuation” specified in service

Regulations or settlements.

(ii)On “Voluntary Retirement” in accordance with provisions contained

in Regulation 29 of these Regulations.

(iii)On “Premature retirement” by the Bank before attaining the age

(iii)(a)An employee referred to in Sub-regulation may make a request

in writing to the appointing authority to accept notice of voluntary

retirement of less than three months giving reasons thereof

(b) On receipt of a request under clause (a), the appointing authority

may subject to the provisions of sub-regulation (2), consider such

request for the curtailment of the period of notice of three months on

merits –and if it is satisfied that the curtailment of the period of

notice will not cause any administrative inconvenience, the appointing

authority may relax the requirement of notice of three months on the

condition that the employee shall not apply for commutation of a part

of his pension before the expiry of the period of notice of three

months.

(iv)An employees, who has elected to retire under this regulation and

has given necessary notice to that effect to the appointing authority,

shall be precluded from withdrawing his notice except with the

specific approval of such authority; provided that the request for

such withdrawal shall be made before the intended date of his

retirement.



(v) The qualifying service of an employee retiring under this

regulation shall be increased by a period not exceeding five years,

subject to the condition that the total qualifying service rendered by

such employee shall not in any case exceed thirty-three years and it

does not take him beyond the date of superannuation.



(vi) Pension of an employee retiring under this regulation shall be

based on the average emoluments as defined under clause (d) of

regulation 2 of these regulations and the increase not exceeding five

years in his qualifying service shall not entitle him to any notional

fixation of pay for the purpose of calculating his pension.

8.You may be aware of the fact that there is a provision in the Bank

Officers’ Service Regulations 1976/1979 for taking “Voluntary

Retirement” which was introduced in some Banks in the late 80’s. Rules

regarding Voluntary Retirement of Officers under proviso to Regulation

(1) of Officers’ service Regulations, make it abundantly clear that:

“ a.An Officer employees retiring voluntarily shall be entitled to

all benefits available under the normal retirement in accordance with

the provisions of Officers’ Service Regulations, including encashment

of accumulated privilege leave as also all other terminal benefits”.

9.Therefore, it is very clear that the Bank’s Voluntary Retirement

Scheme is as per the Officers’ Service Regulations which are approved

by the Central Government. Thus, it can be concluded that the VRS

Scheme introduced by the Banks is the Government approved Scheme.

10.From the above it is crystal clear that an officer having

completed 20 years of service and who gives 3 months notice to retire

from service and is permitted to retire under VRS, is entitled for

pension option now.

11.From the foregoing it is crystal clear that the “retirees” for the

purpose of opting for Pension as per the Joint Note dated 27.04.2010

comprise:

(i)Officers who have retired from the service of the Bank on

attaining superannuation i.e., after attaining 58/60 years of age as

per Service Regulations.

(ii)Officers who have retired under the “Voluntary retirement Scheme”

of the Bank after completing 20 years of service, in conformity with

Officers’ Service Regulations

(iii)Officers who retired voluntarily in conformity with the

provisions of Regulation 29 of Bank Employees’ Pension Regulations,

1995/1996 under the Voluntary Retirement Schemes of the Banks.

(iv)Officers who retired from the service of the Bank on account of

voluntary Retirement under special scheme: 2000 after rendering a

minimum service of 15 years.

(v)Officers who were retired by the Bank on account of orders of the

Bank to retire prematurely including employees who are compulsorily

retired from service as a penalty on or after 29.09.1995 but before

27.04.2010.

12.In this background your communication restricting the Pension

Option only the Officers who:

-retired on superannuation

-death

-retired on account of VRS under special scheme

and precluding the officers who voluntarily retired from the service

of the Bank is a unilateral, arbitrary decision and therefore we

request you to issue a corrigendum to your circular letter dated

10.08.2010 to the above effect immediately. We have been informed by

some of our affiliates that you have offered clarification to the

effect that the officers who have retired under normal Voluntary

Retirement Scheme of the Bank are not eligible for pension, has come

as a shocking surprise to us.

13.Moreover, the provisions of the Bipartite settlement dated

29.10.1993 have not been amended/modified or superseded by the Joint

Note and therefore your communication dated 10.08.2010 is ultra-vires

the Bank Employees’ Pension Regulations 1995.

14.We wish to reiterate that your communication is totally

misleading, in abject contradiction of what is stated in the Joint

Note dated 27.04.2010 and in contravention of the Bank Employees’

Pension Regulations 1995/1996. It is totally unjust and

discriminatory and we once again request you to correct the position

and issue a communication stating that the officers who have retired

under Voluntary Retirement Schemes of the individual Banks, the

Officers who are prematurely retired on account of imposition of

punishment such as Compulsory Retirement etc., are also eligible to

opt for Pension in conformity with the Joint Note dated 27.04.2010.

15.We request you to arrange for a meeting with us to have a thorough

discussion on this matter, which calls for your immediate attention.

16.An early action in this regard is highly appreciated.

Thanking you,

Yours faithfully,







SD/-

(G. D. NADAF)

GENERAL SECRETARY

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[Dr. Manmohan]

Union Bank Of India has issued cicular dated 27th Aug 2010 posted on AIUBOF.

On Tue, 31 Aug 2010 17:12:10 +0530 wrote

Dr Manmohan
Wealth management Consultants
Life and Money.

[Dr. Manmohan]

Extension of pension to left outs is the life cycle requirement and our leaders were telling us till last for sure that pension option for every body having qualifying service but at last the glory shortlived every body including leaders reci....cieved a kick when the truth surfaced totherway round .Can any body on the blog imagine a story.As far the mou says that every contituent of ufbu has put his signature therefore are literate,everybody can speak implies that they are communicative then how did it happen that they did not know what they signed and they did not tell what they talked.I think some comedy film can be made out of this footage and every banker should make it a success and the money earned out of this venture can be utilized as pension legal cause fund.
Regards

On Tue, 31 Aug 2010 14:45:40 +0530 wrote

>Thank you for your support to resignees

On Mon, Aug 30, 2010 at 6:17 PM, PARASURAMAN K wrote:

Dear All

28 4 2010 is really a red letter day for all the VRS PF optees for NOW

the majority organisation representing the Officers In Banking

Industry [inclussive of SBI] at last woke up to the cause of one more

option for VRS retirees atleast before the end of deadline for

submitting option.  May I request them to press for extenting the date

/ give a seperate offer to these type of retirees.



Also one more small number of our brethren in the industry who are

'RESIGNEE RETIREES'

May I request all the parties to the UFBU to raise their vocie for

these people also so that

a fair chance is given to all.

K Parasuraman