Wednesday, 14 March 2018
Proposal of CGDA
Observations of DESW
Whether the proposed pension is to be determined with reference to entire data across 3 Services both for JCO/OR and Commissioned Officers or otherwise.
The revised pension shall be determined with reference to entire data across three Services both for JCO/OR and Commissioned Officers.
The existing policy for pre-2006 JCO/OR retirees viz. considering data across three Services may continue.
Further, data across three Services for Commissioned Officers should also be considered as the pre-revised and revised pay structure under 5th /6th CPC for Commissioned Officers across the three Services are identical. Hence proposal of CGDA is recommended for approval.
Average of min. and max.pension is to be deter-mined separately for 3 Services and then highest/ average among the three Services to be allowed,Or Average of minimum and maximum pension is to be determined with reference to entire data of three Services.
The minimum and maximum pension for each rank & qualifying service shall be identified in entire data of three Services and then average of minimum and maximum pension shall be worked out.
With reference to comments as at item (1) above, proposal of CGDA is recommended for approval.
Methodology to be adopted for determining proposed pension for those ranks/groups where there are no retirees in calendar year 2013.
(i) Where data in any particular rank is not available at all, protection in pension may be allowed with reference to lower rank(s).
(ii) Where data in group X for any particular rank is not available at all, pension may be determined by adding Rs 700 (50% of X Group pay) in Group Y pension subject to protection with rates of pension determined for Group X in lower rank(s).
(iii) As Rank/Group is not available for lower qualifying service but available after certain length of qualifying service, pension for lower service will be determined by allowing cut of 3% (compounded) for each completed year to the first rate available for any qualifying service in the particular rank/group subject to protection with lower rank/group.
(i) By applying the universal formula for removal of this anomaly of a senior rank vis-à-vis his junior, proposal of CGDA is recommended for approval.
(ii) Since the pay element viz. Pay in pay band, grade pay and MSP for post-2006 JCOs/ORs in Group X draw X Group Pay as additional element, proposal of CGDA is recommended for approval.
(iii) Keeping in view the rate of increment in pay (i.e. 3%) for completing one year of service, proposal of CGDA is recommended for approval.
Protection of pension in higher rank with lower rank(s) and higher qualifying service with lower qualifying service(s).
As per past practice, such kind of anomalies had been removed by stepping up pension of higher qualifying service up to the level of pension of same rank/group with lower qualifying service and higher rank/group with same qualifying service with pension of lower rank(s) (with identical group) with same qualifying service. Therefore, same methodology shall be adopted for removing such anomalies.
Keeping in view the similar methodology adopted for removal of anomaly in MoD’s orders issued for implementation of recommendations of 6th CPC, CSC-2009 and CSC-2012, proposal of CGDA is recommended for approval.
Treatment of personnel benefited under MACP/ACP scheme.
JCO/OR pensioners retired in 2013 and granted financial upgradation under MACP scheme, shall be considered with higher ranks as per grade pay drawn at the time of retirement and not with reference to substantive rank last held. The personnel retiring with higher grade pay due to financial upgradation shall be considered with higher rank for determining pension.
The ACP scheme was introduced for Defence Forces in 2003 followed by MACP scheme in 2008 based on recommendations of 5th and 6thCPC respectively. Based on statistics provided by CGDA, there are retirees in various ranks of JCO/OR who are not earning the benefit under MACP scheme even after completing prescribed length of service due to non-fulfilment of required conditions. Hence, no rational benefit to allow benefit of MACP to who have not earned the same during service. In view of the same, the proposal of CGDA is recommended for approval.
Establishing linkage of disability pension with service pension
Since number of retirees drawing disability pension are less, rates of disability/war/injury element shall be linked with rates of revised retiring/service pension.
The rates of disability element shall be 60% of retiring/service pension in each qualifying service for 100% disability.
The rates of war injury element shall be 120% of retiring/service pension (discharge cases) and 200% of retiring/service pension (invalidment cases) in each qualifying service for 100% disability.
As per orders applicable for post-2006 disabled cases, rates for disability/war injury element is linked with pay last drawn which is reduced pro rata for lesser percentage of disability. However, under the OROP scheme announced vide (12 (1)/2014/D (Pen/Pol) Part II dated 7.11.2015, service pension/retiring pension is not linked to pay last drawn. Hence disability/war injury pension can no more be calculated based on pay last drawn. Therefore, on the lines of CSC-2012 recommendations where such linkage is already available for pre-2006 retirees for calculation of family pension (sentence incomplete in original). Hence same methodology can be adopted for calculation of disability/war injury pension. Hence proposal of CGDA is recommended for approval.
Pension tables up to 33 years of service/Terms of engagement.
Rates of pension shall be determined only up to the terms of engagement for JCO/OR and 33 years in case of Commissioned Officers.
However, in case of officers of the rank of Major General and above which get their rank at higher qualifying service, first available rate of pension at qualifying service of 33 years or more shall be treated as rates for 33 years of service subject to pro rata reduction for lower qualifying service.
As per present dispensation applicable for pre-2006 pensioners, the proposal of CGDA is recommended for approval.
[Note: the pro-rata reduction has been nullified and communicated vide PCDA (P) Circular No. 568 dated 13.10.2016.]
Treatment of Out Layers
Before determining minimum-maximum pension of pensioners retired in 2013, the out layers should be excluded by identifying cases getting benefit of higher pensions due to various Court decisions, extra increments/out of turn promotions earned by individuals, direct entry in higher ranks or cut in rates pf pay/pension due to punishments. Pension sanctioning agencies shall identify minimum/maximum cases for each rank/group/qualifying service from their data base and get it confirmed from respective Record offices/Pay Account offices to exclude these cases from relevant data.
The proposal of CGDA is (sic) seems to be appropriate and is recommended for approval.
Benefits of OROP in Pre-Mature Retirement cases
Ministry may take a decision for inclusion of PMR/Voluntary retirement/retire on own request.
MoD vide notification dated 7.11.2015 has amply clarified the issue hence no further decision is required.
OROP to PSU absorbees
Full pension n of such retirees may be revised with reference to revised pension determined for regular ranks. However, existing restored amount of pension shall continue as the methodology for the same has been finalised with reference to Hon’ble SC judgment.
Keeping in view the comments offered as at item (10) above, proposal of CGDA is recommended for approval.