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Tuesday, October 20, 2009

Eligibility of full pension (including commutation) till the payment of commutation value

One of my vrs optee friend informed me that pension optees are eligible for full pension (i.e. pension without reducing commuted part of the pension) till commutation value is credited to the pensioner's account. He took vrs on 01/04/2001 and the commutation value was credited to his account in the month of Aug 2001. In the month of June 2002 he received arrears on account of payment of full pension for 4 months(Apr to Jul 2001). He received letter from the bank stating that the arrears were on account of full pension till the date of credit of commuted value of pension, as per IBA guidelines. Further he told that as per bank pension rules, in case of any doubt reference may be made to Central Civil Services rules, which clearly provide for payment of full pension till the date of credit of commutation value to the bank account. His contention is that , since commutation amount is revised due to revision of basic, we should get full pension for the period starting from date of vrs till the date commutation value is credited to our account. In simple terms, if commutation amount is increased from 1273 to 1592 we should get the difference amount of 102 X (1592 - 1273), for 102 months, if commutation value is credited to the account after 102 months from the date of vrs.
I made some search on internet regarding CCS pension rules I found following relevant material on various govt. sites (links of the sites are given )

CCS (Commutation of Pension) Rules, 1981

10. GOVERNMENT OF INDIA'S DECISIONS

(1) Effective date of reduced pension on account of upward revision of commutation. - A point has been raised in regard to the date from which reduction in pension on account of the upward revision of commutation of pension would be effective. Rule 6 provides that reduction in the amount of pension on account of commutation shall become operative from the date of receipt of commuted value of pension by the pensioner or three months after the date of the issue of the authority asking the pensioner to collect the commuted value of pension by the Accounts Officer, whichever is earlier. Accordingly, in such cases the reduction from pension will be made from the date of receipt of the revised commutation value of pension by the pensioner or three months after the issue of the authority by the Accounts Officer asking the pensioner to collect the revised commuted value of pension, whichever is earlier.

[G.I., Dept. of Personnel & A.R., O.M No. F. 34 (3)-PU/80, dated the 10th July, 1980.]

http://persmin.gov.in/pension/rules/pencomp-app1.htm#Authorization%20of%20commuted%20value%20by%20the%20Accounts%20Officer

11. What will be the effective date of reduced pension if, a) The applicant is drawing pension from PAO?
b) The applicant is drawing pension from a branch of Public Sector Bank?
c) A Government servant who retired on superannuation and commutation applied in Form 1-A of CCS(Commutation of Pension) Rules up to the date of retirement and commutation paid through Head of Officewithin the first month of retirement ? a) The reduction in the amount of pension on account of the commutation shall be operative from the date of receipt of the commuted value of pension or at the end of three months after issue of authority by the PAO for the payment of commuted value of pension, whichever is earlier. (b) The reduction in the amount of pension on account of commutation shall be operative from the date on which the commuted value of pension is credited by the bank to the applicant's account to which pension is being credited. (c) The reduction in the amount of pension on account of commutation shall be operative from its inception. The commuted value is paid in two stages as such the reduction in the amount of pension shall be made from the respective dates of the payment as per (a) or (b) above, as the case may be.

12. How does the period of 15 years for restoration of commuted portion of pension reckon? The 15-year period for restoration may be reckoned from the date of retirement itself only in case where the payment of commuted value of pension was/is made during the first month of retirement leading to appropriate reduction on account of commutation in the first pension itself. In all other cases, where the commutation of pension led/leads to a reduction in the second or subsequent month, the 15-year period will be reckoned from the date on which reduction in pension became/becomes effective.

http://www.pensionersportal.gov.in/FAQ-pension.asp


Friends I am not a pension rules expert.I cannot make any opinion from the above precedents / facts /rules. I request experts/ persons having knowledge of pension rules/laws/govt pension rules to give their comments ( for or against) and views on the question of eligibility of full pension till the credit of commutation value. Let us have a debate on this issue. Please post comments in comments link given below this post/ or send comments to me by email to me. Comments can be posted on google group bankvrs (http://groups.google.co.in/group/bankvrs)


3 comments:

Vijay Pradhan said...

I think that is what BOI has done by paying seperately arears of commutation.

As for refund of commutation amount till the date of commutation amount payment BOI too followed the same procedure

It was our understanding that restoration of commuted value will be 15 years counting from the date of payment of commutation amount

Chandrashkhar Belsare said...

In that case you can make representation to the bank for payment of full pension till the payment of commutation value. Instead of quoting pension rules under CCS Pension rules, you can mention that in past bank has paid full pension and hence you are eligible. I think it will yield positive result. If bank turns down the claim, it will definitely give the reasons for the same.

Chandrashkhar Belsare said...

In that case you can make representation to the bank for payment of full pension till the payment of commutation value. Instead of quoting pension rules under CCS Pension rules, you can mention that in past bank has paid full pension and hence you are eligible. I think it will yield positive result. If bank turns down the claim, it will definitely give the reasons for the same.