Syndicate Bank (Employees) Pension Regulations, 1995
Syndicate Bank (Employees) Pension Regulations, 1995
Syndicate Bank (Employees) Pension Regulations, 1995
com
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SYNDICATE BANK
HEAD OFFICE, MANIPAL – 576104
NOTIFICATION
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 Syndicate Bank, after consultation with the Reserve Bank of
India and with the previous sanction of the Central Government hereby makes the
following regulations, namely;
CHAPTER I
PRELIMINARY
(m) “Discipline and Appeal Regulations” means the Syndicate Bank Officer
Employees’ (Discipline and Appeal) Regulations, 1976 made under Section 19 of
the Act;
(n) `employee’ means any person employed in the service of the Bank, whether as a
workman on full time work on permanent basis or on part time work on permanent
basis on scale wages or as on officer and who opts and it governed by these
regulations, but does not include a person employed either on contract basis or
daily or daily wage basis or on consolidated wages;
(o) “family’ in relation to an employee means –
(a) wife in the case of a male employee or husband in the case of a female
employee;
(b) a judicially separated wife or husband, such separation not being granted on
the ground of adultery and the person surviving was not held guilty of committing
adultery;
(c) “son or unmarried daughter or widowed/divorced daughter, who has not
attained the age of twenty five years, including such son or daughter adopted
legally”;
(d) “parents who were wholly dependent on the employee when he/she was alive,
provided the deceased employee had left behind neither a widow/widower nor a
child”.
(p) “financial year” means a year commencing on the 1st day of April;
(q) “Fund” means the Syndicate Bank (Employees’) Pension Fund constituted under
Regulations 5;
(r) “notified date” means the date on which these regulations are published in the
official Gazette;
(s) “Pay” includes, -
(a) “in relation to a workman who had either retired or died on or after the 1 st day of
January, 1986 but before the 1st day of November, 1992; and in relation to an
officer who had either retired or died on or after the 1st day of January, 1986 but
before the 1st day of July, 1993, -
i) the basic pay including stagnation increments, if any, and
ii) all allowances counted for the purposes of making contribution to the Provident
Fund and for the payment of dearness allowance;
(b) in relation to a workman who retired or died while in service on or after the 1st
day of November, 1992; and in relation to an officer who retired or died while in
service on or after the 1st day of July, 1993, -
(c) in relation to an employee who retired or died while in service on or after the 1st day
of April, 1998 –
i) the basic pay including stagnation increments, if any, and
ii) all other components of pay counted for the purpose of making contributions to
the Provident Fund and for the payment of dearness allowance; and
iii) increment component of Fixed Personal Allowance: and
iv) dearness allowance thereon on the above calculated up to Index number 1616
points in the All India Average Consumer Price Index for Industrial Workers in
the series 1960 = 100.
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Explanation:
For the purpose of this clause basic pay, other components of pay and Fixed Personal
Allowance would mean the basic pay, other components of pay and Fixed Personal
Allowance drawn by the employee in terms of the scales of pay as applicable and the
rates at which the other components of pay were payable prior to 01.11.1997 (in the
case of workmen) and prior to 01.04.1998 (in the case of officers);
(t) “pension” includes the basic pension and additional pension referred to in Chapter
VI of these regulations:
(u) “pensioner” means an employee eligible for pension under these regulations;
(v) “public financial institution” means a financial institution regarded as a public
financial institution for the purposes of Section 4A of the Companies Act, 1956 (1 of
1956);
(w) “qualifying service” means the service rendered while on duty or otherwise which
shall be taken into account for the purpose of pension under these regulations:
(x) “retired” includes deemed to have retired under Clause (1),
(y) “retirement” means cessation from bank’s service –
(z) “scale wages” in relation to part time employees means the basic pay, City
Compensatory allowance, Special Allowance, House Rent Allowance and other
allowances, if any, and dearness allowance payable from time to time under the
settlement;
CHAPTER II
(c) refund within sixty days after the expiry of the said period of one hundred and
to the Provident Fund including interest accrued thereon together with a further
simple interest at the rate of six percent per annum on the said amount from
the date of settlement of the Provident Fund account till the date of refund of
the aforesaid amount to the Bank; or till the1st day of April 1995 whichever is
earlier.
(2) (a) have retired on or after the 1st day of November 1993 but before the notified
date; and
(b) exercise an option in writing within one hundred and twenty days from the
notified date to become member of the Fund; and
(c) refund within sixty days after the expiry of the said period of one hundred and
twenty days specified in Clause (b) the entire amount of the Bank’s
contribution to the Provident Fund and interest accrued thereon together with a
further simple interest at rate of six per cent per annum on the said amount
from the date of settlement of the Provident Fund account till the date of refund
of the aforesaid amount to the Bank; or
(3) (a) are in the service of the Bank before the notified date and continue to be in the
service of the Bank on or after the notified date; and
(b) exercise an option in writing within one hundred and twenty days from the
notified date to become member of the Fund; and
(c) authorise the trust of the Provident Fund of the Bank to transfer the entire
contribution of the Bank along with the interest accrued thereon to the credit of
the Fund constituted for the purpose under Regulation 5; or
(4) join the service of the Bank on or after the notified date; or
(5) were in the service of the Bank during any time on or after the 1st day of November,
1993 and had died after retirement but before the notified date, their family shall be
entitled for the amount of pension payable to them from the date on which they
would have been entitled to pension under these regulations, had they been alive
till the date on which they died, if the family of the deceased –
(a) exercise an option in writing within one hundred and twenty days from the
notified date to become member of the Fund; and
(b) refund within sixty days after the expiry of the said period of one hundred and
twenty days specified in Clause (a) above the entire amount of the Bank’s
contribution to the Provident Fund and interest accrued thereon together with a
further simple interest at the rate of six percent per annum from the date of
settlement of the Provident Fund account till the date of refund of the aforesaid
amount to the Bank; or
(6) joined the service of the Bank on or after the 1st day of November, 1993 but who
have died while in the service of the Bank before the notified date, their family shall
be entitled to the family pension under these regulations;
Provided that the family of such a deceased employee refunds within one hundred
and eighty days from the notified date the entire amount of the Bank’s contribution
to the Provident Fund, if any, and interest accrued thereon together with further
simple interest at the rate of six percent per annum from the date of settlement of
the Provident Fund account till the date of refund of the aforesaid amount to the
Bank:
Provided further that the family of such a deceased employee shall apply in writing
for grant of family pension; or
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(7) were in the service of the Bank during any time on or after the 1st day of January
1986 and had died while in service on or before the 31st day of October, 1993 or had
retired on or before the 31st day of October, 1993 but died before the notified date in
which case their family shall be entitled to the pension or the family pension as the
case may be under these regulations, if the family of the deceased, -
(a) exercise an option in writing within one hundred and twenty days from the
notified date to become member of the Fund; and
(b) refund within sixty days of the expiry of the said period of one hundred and
twenty days specified in Clause (a) above the entire amount of the Bank’s
contribution to the Provident Fund and interest accrued thereon together with a
further simple interest at the rate of six percent per annum from the date of
settlement of the Provident Fund Account till the date of refund of the aforesaid
amount to the Bank; or till the 1st date of April 1995, whichever is earlier.
(8) joined the service of the Bank on or before the 31st day of October, 1993 and who
died while in service on or after the 1st day of November, 1993, but before the
notified date in which case their families shall be entitled to family pension under
these regulations if the family of the deceased employee, -
(a) exercise an option in writing within one hundred and twenty days from the
notified date to become a member of the Fund; and
(b) refund within sixty days of the expiry of the said period of one hundred and
twenty days specified in Clause (a) above the entire amount of the Bank’s
contribution to the Provident Fund, including interest accrued thereon together
with a further simple interest at the rate of six percent per annum from the date
of settlement of the Provident Fund account of the employee till the date of
refund of the aforesaid amount to the Bank;
(9) Notwithstanding anything contained in Sub-regulation (1), (2), (3), (5) and (8) an
option exercise before the notified date by an employee or the family of a deceased
employee in pursuance of the pension settlement shall be deemed to be an option
for the purpose of this Chapter if such an employee or the family of deceased
employee refund within sixty days from the notified date, the amount of the Bank’s
contribution to the Provident Fund including interest accrued thereon together with
a further simple interest in accordance with the provisions of this Chapter and in
case employer’s contribution of Provident Fund has not been received from
Provident Fund Trust, has authorised or authorizes within sixty days from the
notified date the trustees of the Provident Fund of the Bank to transfer the entire
contributions of the Bank to the Provident Fund including interest accrued thereon
in accordance with the provisions of this Chapter to the credit of the Fund
constituted for this purpose under Regulation 5.
(10)”Not withst6anding anything contained in Sub-regulations (2), (5), (6) and (8), in
cases where an employee had retired/died after retirement on or after the 1st day of
November, 1993 but on or before the 1st day of April, 1995 or where an employee
had died while in service of the Bank on or after the 1st day of November, 1993 but
on or before the 1st day of April, 1995 such an employee or the family of the
deceased employee, as the case may be, shall refund within the period specified in
aforesaid sub-regulations the entire amount of the Bank’s contribution to the
Provident Fund including interest accrued thereon with a further simple interest at
the rate of six percent per annum on the said amount from the date of settlement of
the Provident Fund account till the date of refund of the aforesaid amount to the
Bank or till the 1st day of April, 1995, whichever is earlier”;
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CHAPTER III
THE FUND
1) The Bank shall constitute a Fund to be called the Syndicate Bank (Employees’)
Pension Fund under an irrevocable trust within one hundred twenty days from the
notified date.
2) The fund shall have for its sole purpose the provision of the payment of pension of
family pension in accordance with these regulations to the employee or this family.
3) The Bank shall be a contributor to the Fund and shall ensure that sufficient sums
are placed in it to enable the trustees to make due payments to beneficiaries
under these regulations.
8. Board of Trustees:
(1) The Board of Trustees shall consist of such number of persons not less than three
and not more than nine, as may be determined by the Board, to be appointed by
the Bank,
(2) The power to appoint the trustees shall be vested with the Bank and all such
appointments shall be made in writing.
(3) The Bank shall nominate one of the trustees to be the Chairman of the Board of
trustees. The Bank shall also nominate a trustee to be an alternate Chairman
who shall act as Chairman in the absence of the Chairman.
Provided that the Bank shall cause an investigation to be made by an Actuary into
the financial condition of the Fund, as on the 31st day of March immediately following
the financial year in which the Fund is constituted.
CHAPTER IV
QUALIFYING SERVICE
Provided that extraordinary leave on loss of pay shall not count as qualifying service
except when the sanctioning authority has directed that such leave not exceeding
twelve months during the entire service, may count as service for all purposes
including pension.
Provided that nothing contained in this regulation shall apply to any such employee
who is appointed on contract basis or on daily wage basis or on consolidated wages.
Provided that where an employee opts for Clause (b), retirement benefits shall be
playable to him in India in rupees from such date and in such manner as the
Bank may, by order specify.
Note: The actual service/qualifying service shall be calculated from the date of
recruitment or 01.09.1978, whichever is later.
CHAPTER V
CLASSES OF PENSION
Provided that with effect from 1st day of September 2000 pension shall also be
granted to an employee who opts to retire before attaining the age of
superannuation, but after rendering service for a minimum period of 15 yeas in terms
of any scheme that may be framed for such purpose by the Board with the approval
of the Government.
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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:
(2) 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 the said
period.
(3) (a) An employee referred to in Sub-regulation (1) may make a request in writing
to the appointing authority to accept notice of voluntary retirement of less
than three months giving reasons therefore;
(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 notice of three months.
(4) An employee 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.
(5) The qualifying service of an employee retiring voluntarily 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.
(6) The 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.
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(3) Where the Medical Officer approved by the Bank has declared the employee fit
for further service of less laborious character than that which he had been doing,
he should, provided he is willing to be so employed, be employed on lower post
and if there be no means of employing him even on a lower post, he may be
admitted to invalid pension.
(4) No medical certificate of incapacity for service may be granted unless the
applicant produces a letter to show that the Competent authority is aware of the
intension of the applicant to appear before the medical officer approved by the
Bank.
(5) The medical officer approved by the Bank shall also be supplied by the Competent
Authority in which the applicant is employed with a statement of what appears
from official records to be the age of the applicant.
Provided that the authority higher than the authority competent to dismiss or
remove or terminate him from service may, if –
(i) such dismissal, removal, or termination is on or after the 1st day of November,
1993; and
(ii) the case if deserving of special consideration, sanction a compassionate
allowance not exceeding tow thirds of the pension which would have been
admissible to him on the basis of the qualifying service rendered upto the
date of his dismissal, removal or termination.
(2) The Compassionate Allowance sanctioned under the proviso to Sub-regulation (i)
shall not be less than the amount of minimum pension payable under Regulation
36 of these regulations.
(1) “An employee compulsorily retired from service as a penalty on or after 1st day of
November, 1993 in term of Syndicate Bank Officer Employees’ (Discipline and
Appeal) Regulations 1976 or awards/settlements may be granted by the
Authority higher than the Authority Competent to impose such penalty, pension
at a rate not less than two thirds and not more than full pension admissible to
him on the date of his compulsory retirement if otherwise he was entitled to such
pension on superannuation on that date”.
(2) Whenever in the case of a bank employee the Competent Authority passes an
order (whether original; appellate or in exercise of power of review) awarding a
pension less than the full compensation pension admissible under these
regulations, the Board of Directors shall be consulted before such order is
passed.
(3) A pension granted or awarded under Sub-regulation (1) or as the case may be,
under Sub-regulation (2), shall not be less than the amount of rupees three
hundred and seventy five mensem.
CHAPTER VI
RATE OF PENSION
(2) In the case of an employee retiring in accordance with the provisions of the
Service Regulations or Settlement after completing a qualifying service of not
less than thirty three years the amount of basic pension shall be calculated at
fifty percent the average emoluments.
(3) (a) additional pension shall be fifty percent of the average amount of the
allowance drawn by an employee during the last ten months of his service;
(b) no dearness relief shall be paid on the amount of additional pension.
(4) Pension as computed being aggregate of Sub-regulation (2) and (3) above shall
be subject to the minimum pension as specified in these regulations.
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(5) An employee who has commuted the admissible portion of his pension as per
the provisions of Regulations 41 of these regulations shall receive only the
balance of pension, monthly.
(6) (a) In the case of an employee retiring before completing a qualifying service of
thirty three years, but after completing a qualifying service of ten years, the
amount of pension shall be proportionate to the amount of pension
admissible under Sub-regulation (2) and (3) and in no case the amount of
pension shall be less than the amount of minimum pension specified in
these regulations.
(b) Notwithstanding any thing contained in these regulations, the amount of
invalid pension shall not be less than the ordinary rate of family pension
which would have been payable to his family in the event of his death while
in service.
(7) The amount of pension finally determined under this regulation shall be
expressed in whole rupee and where the pension contains a fraction of a rupee,
it shall be rounded off to the next higher rupee.
CHAPTER VII
FAMILY PENSION
The family of the deceased shall be entitled to family pension, the amount of
which shall be determined in accordance with Appendix-III.
(i) “Provided that in respect of employees who were in the service of the bank
on or after the 1st day of January, 1986 and had died while in service on or
before the 31st day of October, 1987 or had retired on or before 31st day of
October, 1987 but died later, the family of the deceased shall be entitled to
family pension, the amount of which shall be determined in accordance with
Appendix A”.
(2) The amount of family pension shall be fixed at monthly rates and be expressed
in whole rupees and where the family pension contains a fraction of a rupee, it
shall be rounded off to the next higher rupee;
(3) (a) (i) Where an employee, who is not governed by the Workmen’s
Compensation Act, 1923 (8 of 1923), dies while in service after having
rendered not less than seven years’ continuous service, the rate of
family pension payable to the family shall be equal to fifty percent of the
pay last drawn or twice the family pension admissible under Sub-
regulation (1), whichever is less, and the amount so admissible shall be
payable from the date following the date of death of the employee for a
period of seven years or for a period up to the date of on which the
deceased employee would have attained the age of sixty five years had
he survived, whichever is less;
(ii) In the event of death of an employee after retirement, the family pension
as determined under Clause (a) of this sub-regulation shall be payable
for a period of seven years or for a period up to the date on which the
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retired deceased employee would have attained the age of sixty five
years had he survived, whichever is less;
“Provided that in no case the amount of family pension determined
under this clause shall exceed the pension authorised on retirement
from the Bank. If the pension authorised to the employee on his
retirement is less than the amount of family pension at the ordinary
rates, then, the family shall be allowed family pension at the ordinary
rates.
Explanation: For the purpose of this sub-clause, “pension authorised
on retirement” includes part of the pension which the retired employee
might have commuted before death.
(c) After the expiry of the period referred to in Clause (a), the family, in receipt
of family pension under that Clause or Clause (b) shall be entitled to family
pension at the rate admissible under Sub-regulation (1).
(i) if such son or daughter is one among two or more children of the
employee, the family pension shall be initially payable to the minor
children in the order set out in Clause (e) of Sub-regulation (1) until the
last minor child attains the age of twenty five years and thereafter the
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Provided that where the family pension is payable to such twin children
it shall be paid in the manner set out in Clause (f) Sub-regulation (1);
(iii) the family pension shall be paid to such son or daughter through the
guardian as if he or she were a minor except in the case of a physically
crippled son or daughter who has attained the age of majority:
(iv) before allowing the family pension for life to any such son or daughter,
the Competent Authority shall satisfy that the handicap is of such a
nature as to prevent him or her from earning his or her livelihood and
the same shall be evidenced by a certificate obtained from a medical
officer approved by the Bank, setting out, as far as possible, the exact
mental or physical condition of the child;.
(v) the person receiving the family pension as guardian of such son or
daughter or such son or daughter not receiving the family pension
through a guardian shall produce every three years a certificate from a
medical officer approved by the Bank to the effect that he or she
continues to suffer from disorder or disability of mind or continues to be
physically crippled or disabled.
Provided that where the family pension is payable to twin children it shall be
paid in the manner set out in Clause (f) of the Sub-regulation (1);
(e) where the family pension is payable to twin children it shall be paid to such
children in equal shares;
Provided that where one such child ceases to be eligible, his or her share
shall revert to the other child and where both of them cease to ;be eligible,
the family pension shall be payable to the next eligible single child or twin
children, as the case may be.
(2) Where a deceased employee or a pensioner leaves behind more children than
one, the eldest eligible child shall be entitled to the family pension for the period
mentioned in Clauses (b) or (c) of Sub-regulations (1), as the case may be, and
after the expiry of that period of ;the next child shall become eligible for the grant
of family pension.
(3) Where family pension is granted under this regulation to a minor, it shall be
payable to the guardian on behalf of the minor.
(4) In case both wife and husband are employees of the Bank and are governed by
the provisions of this regulation and one of them dies while in service or after
retirement, the family pension in respect of the deceased shall be payable to
the surviving child or children shall be granted the two family pension in respect
of the deceased parents subject to the limit specified below namely,
(a) if the surviving child or children is or are eligible to draw two family pensions
at the rates mentioned in Sub-clause (1) of Clause (a) and Sub-clause (1) of
Clause (b) of Sub-regulation (3) of Regulations 39, the amount of both
pensions shall be limited to –
(i) two thousand five hundred rupees only per mensem in respect of
employees who retired or died while in service prior to the 1st day of
November, 1992 (in the case of workmen) or prior to the 1st day of July
1993 (in the case of officers);
(ii) four thousand eight hundred rupees per mensem only in respect of
employees who retired or died on or after the 1st day of November, 1992
(in the case of workmen) or on or after 1st day of July, 1993 (in the case
of officers); and
(iii) six thousand seven hundred and fifty six rupees per mensem only in
respect of employees, both officers and workmen, who retired or died on
or after 1st day of April, 1998.
(b) if one of the family pensions ceases to be payable at the rates mentioned in
Sub-clause (1) of Clause (a) or Sub-clause (1) of Clause (b) of Sub-
regulation (3) of regulation 39 and in lieu thereof the family pension at the
rate mentioned in Sub-regulation (1) of regulation 39 becomes payable, the
amount of both the pensions shall also be limited to -
(i) two thousand five hundred rupees only per mensem in respect of
employees who retired or died while in service prior to the 1st day of
November, 1992 (in the case of workmen) or prior to the 1st day of July,
1993 (in the case of officers);
(ii) four thousand eight hundred rupees per mensem only in respect of
employees who retired or died on or after the 1st day of November, 1992
(in the case of workmen) or on or after 1st day of July, 1993 (in the case
of officers); and
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(iii) six thousand seven hundred and fifty six rupees per mensem only in
respect of employees, both officers and workmen, who retired or died on
or after 1st day of April, 1998.
(c) if both the family pensions are payable at the rate mentioned in Sub-regulation
(1) of Regulation 39 amount of the two pensions shall be limited to -
(i) one thousand two hundred and fifty rupees per mensem in the case of
employees who retired or died while in service prior to the 1st day of
November, 1992 (in the case of workmen) or 1st day of July 1993 (in the
case of officers);
(ii) two thousand four hundred rupees per mensem in respect of employees
who retired or died on or after the 1st day of November, 1992 (in the case of
workmen) or on or after 1st day of July, 1993 (in the case of officers); and
(iii) three thousand three hundred and seventy eight rupees in respect of
employees (both officers and workmen) who retired or died on or after 1st
day of April, 1998;
(5) (a) where family pension is payable to more widows than one, the family
pension shall be paid to the widows in equal shares;
(b) on the death of a widow, her share of the family pension shall become
payable to her eligible child;
Provided that if the widow is not survived by any child, her share of the
family pension shall not lapse but shall be payable to the other widows in
equal shares, or if there is only one such other widow, in full, to her;
(c) where the deceased employees or pensioners is survived by a widow but
has left behind eligible child or children from another wife who is not alive,
the eligible child or children shall be entitled to the share of family pension
which the mother would have received if she had been alive at the time of
the death of the employees or pensioner;
(d) where the family pension is payable to twin children it shall be paid to such
children in the manner specified in Clause (f) of Sub-regulation (1) above;
(e) except as provided in this sub-regulation the family pension shall not be
payable to more than one member of the family at the same time.
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(7) (a) Where a female employee or male employee dies leaving behind a judicially
separated husband or widow with a child or children, the family pension
payable in respect of the deceased shall be payable to the surviving person
provided he or she is the guardian of such child or children;
(b) Where the surviving person has ceased to be guardian of such child or
children, such family pension shall be payable to the person who is the
actual guardian of such child or children.
(8) If the son or unmarried daughter eligible for the grant of family pension has
attained the age of eighteen years, the family pension may be paid to such son
or unmarried daughter directly.
(9) (a) If a person who, in the event of death of an employee while in service, is
eligible to receive family pension under these regulations, is charged with
the offence of murdering the employee or for abetting in the commission of
such an offence, the claim of such a person, including other eligible
member or members of the family to receive the family pension, shall
remain suspended till the conclusion of the criminal proceedings instituted
against him;
(b) If the conclusion of the criminal proceedings referred to in Clause (a), the
person concerned -
(i) is convicted for the murder or abetting in the murder of the employee,
such a person shall be debarred form receiving the family pension which
shall be payable to the other eligible member of the family, from the date
of death of the employee;
(ii) is acquitted of the charge of murder or abetting in the murder of the
employee, the family pension shall be payable to such a person from
the date of death of the bank employee;
(c) the provisions of Sub-clauses (a) and (b) shall also apply for the family
pension becoming payable on the death of an employee after his
retirement.
CHAPTER VIII
COMMUTATION
41. Commutation:
(1) An employee shall be entitled to commute for a lumpsum payment of a fraction
not exceeding 1/3 of his pension:
(2) An employee shall indicate the fraction of pension which he desires to commute
and may either indicate the maximum limit of one third pension or such lower
limit as he may desire to commute.
TABLE
Age next birthday Commutation value Age next birthday Commutation value
expressed as number expressed as number
of year purchase of year’s purchase
1 2 3 4
17 19.28 51 12.95
18 19.20 52 12.66
19 19.11 53 12.35
20 19.01 54 12.05
21 18.91 55 11.73
22 18.81 56 11.42
23 18.70 57 11.10
24 18.59 58 10.78
25 18.47 59 10.46
26 18.34 60 10.13
27 18.21 61 9.81
28 18.07 62 9.48
29 17.93 63 9.15
30 17.78 64 8.82
31 17.62 65 8.50
32 17.46 66 8.17
33 17.29 67 7.85
34 17.11 68 7.53
35 16.92 69 7.22
36 16.72 70 6.91
37 16.52 71 6.60
38 16.31 72 6.30
39 16.09 73 6.01
40 15.87 74 5.72
41 15.64 75 5.44
42 15.40 76 5.17
43 15.15 77 4.90
44 14.90 78 4.65
45 14.64 79 4.40
46 14.37 80 4.17
47 14.10 81 3.94
48 13.82 82 3.72
49 13.54 83 3.52
50 13.25 84 3.32
85 3.13
Note: The table above indicates the commuted value of pension expressed as number
of years’ purchase with reference to the age of the pensioner as on his next
birthday. The commuted value in the case of an employee retiring at the age of
fifty eight years in 10.46 years’ purchase and, therefore, if he commutes rupees
one hundred from his pension within one year of retirement, the lump sum amount
payable to him works out to `100 x 10.46 x 12 = `12.552.
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(5) An employee who had commuted the admissible portion of pension is entitled to
have the commuted portion of the pension restored after expiry of a period
of fifteen years from the date of commutation.
(6) Provided that on and from01.07.2003, in case of an applicant in whose case, the
commuted value of pension becomes payable on the day following the date of
his retirement or from the date from which the commutation becomes absolute,
the reduction in the amount of pension on account commutation shall become
operative from its inception. Where, however, payment of commuted value of
pension could not be made within the first month after the date when the
commutation becomes absolute, as the case may be, the difference between the
monthly pension and the commuted pension shall be paid for the period
between the date following the date of retirement or the date when the
commutation becomes absolute, as the case may be, and the date preceding
the date on which commuted value of pension is deemed to have been paid.
(9) The commutation of pension shall become absolute in the case of an employee-
(d) who has retired prior to the last day of November, 1993 and who opts to be
governed by these regulations, on the 1st day of November, 1993, where
the application for commutation is made within the period specified by
Clause (b) of the Sub-regulation (1) of Regulation 3;
(e) who was in the service of the Bank on or after the 1st day of November,
1993 but who retired prior to the publication of these regulations on the day
immediately following the date of his retirement, where the application is
made within the period specified by Clause (b) of Sub-regulation (2) of
Regulation 3;
(f) who retired on or after the 1st day of November, 1993, but died prior to the
notified date, on the date immediately following the date of his retirement,
where the application for commutation is made by the family of the
deceased within the period specified by Clause (a) of Sub-regulation (5) of
Regulation 3;
CHAPTER IX
GENERAL CONDITIONS
42. Pension subject to future good conduct: Future good conduct shall be an implied
condition of every grant of pension and its continuance under these regulations.
45. Pensioner guilty of grave misconduct: Ina case not falling under Regulation 44 if
the Competent Authority considers that the pensioner is prima facie guilty of grave
misconduct, it shall, before passing an order, follow the procedure specified in
Syndicate Bank Officer Employees’ (Discipline and Appeal) Regulations, 1976 or in
Settlement as the case may be.
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(2) In such cases the gratuity shall not be paid to such an employee until the
conclusion of the proceedings against him. The gratuity shall be paid to him on
conclusion of the proceedings subject to the decision of the proceedings. Any
recoveries to be made from an employee shall be adjusted against the amount
of gratuity payable.
Provided that the Board shall be consulted before any order are passed;
Provided further that departmental proceedings, if instituted while the employee
was in service, shall after the retirement of the employee, be deemed to be
proceedings under these regulations and shall be continued and concluded by
the authority by which they were commenced in the same manner as if the
employee had continued in service.
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(2) No departmental proceedings, if not instituted while the employee was in service,
shall be instituted in respect of an event which took place more than four years
before such institution:
(3) Where the Competent Authority orders recovery of pecuniary loss from the
pension, the recovery shall not ordinarily be made at a rate exceedings 1/3rd of
the pension admissible on the date of retirement of the employee:
49. Recovery of Bank’s dues: The Bank shall be entitled to recover the dues to the
Bank on account of housing loans, advances, licence fees, other recoveries and
recoveries due to staff co-operative credit society from the commutation value of
the pension or the pension of the family pension.
(2) Subject to the provision of Sub-regulation (3), the Bank may, by order in writing,
on the application by a pensioner, grant, subject to such conditions, if any, as it
may deem necessary, permission, or refuse, for reasons to be recorded in the
order, permission to such pensioner to take up the commercial employment
specified in the application.
(a) the nature of the employment proposed to be taken up and the antecedents
of the employer;
(b) whether his duties in the employment which he proposes to take up might be
such as to bring him into conflict with the Bank;
(c) whether the pensioner while in service had any such dealing with the
employer under whom he proposes to seek employment as it might afford a
reasonable basis for the suspicion that such pensioner had shown favours to
such employer;
(d) whether the duties of the commercial employment proposed involve liaison
or contact work with Bank;
(e) whether his commercial duties will be such that his previous official position
or knowledge or experience under Bank could be used to give the proposed
employer an unfair advantage;
(f) the emoluments offered by the proposed employer; and
(g) any other relevant factor.
(4) Where within a period of sixty days of the date of receipt of an application under
Sub-regulation (3), the Bank does not refuse to grant the permission applied for
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or does not communicate the refusal to the applicant, the Bank shall be deemed
to have granted the permission applied for;
(5) Where the Bank grants the permission applied for subject to any conditions or
refuses such permission, the applicant may within thirty days of the receipt of
the order of the Bank to that effect, make a representation against any such
condition or refusal and the Bank may make such orders thereon as it deemed
fit;
Provided that no order other than an order canceling such condition or granting
such permission without any conditions shall be made under this sub-regulation
without giving the pensioner making the representation an opportunity to show
cause against the order proposed to be made.
(6) If any pensioner takes up any commercial employment at any time before the
expiry of two years from the date of his retirement without the prior permission of
the Bank or commits a breach of any condition subject to such permission to
take up any commercial employment has been granted to him under this
regulation, it shall be competent for the Bank to declare by order in writing and
for reasons to be recoded therein that he shall not be entitled to the whole or
such part of the pension and for such periods as may be specified in the order;
Provided that no such order shall be made without giving the pensioner
concerned an opportunity to show cause against such declaration;
Provided further that in making any order under this sub-regulation, the Bank
shall have regard to the following factors, namely;
(i) the financial circumstances of the pensioner concerned;
(ii) the nature of, and the emoluments from, the commercial employment taken
up by the pensioner concerned; and
(iii) any other relevant factor.
(7) Every order passed by the Bank under this regulation shall be communicated to
the pensioner concerned.
(8) In this regulation, the expression `commercial employment’ means –
(i) an employment in any capacity including that of an agent, under a company
(including a banking company), co-operative society, firm or individual
engaged in trading, commercial industrial, financial or professional business
and includes also a directorship of such company (including a banking
company) and partnership of such firm, but does not include employment
under a body corporate, wholly or substantially owned or controlled by the
Central Government or a State Government;
(ii) setting up practice, either independently or as a partner of a firm, as adviser
or consultant in matters in respect of which the pensioner –
(A) has no professional qualifications and the matters in respect of which the
practice is to be set up are such as are likely to give his clients an unfair
advantage by reasons of his previous official position, or
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(B) has professional qualifications but the matters in respect of which such
practice is to be set up are such as are likely to give his clients an unfair
advantage by reasons of his previous official position, or
(C) has to undertake work involving liaison or contact with the offices or
officers of the Bank.
Explanation: For the purpose of this clause, the expression “employment
under a co-operative society” includes the holding of any office, whether
elective or otherwise, such as that of President, Chairman, Manager,
Secretary, Treasurer and the like, by whatever name called in such society.
51. Nomination:
(1) The trust shall allow every employee governed by these regulations to make a
nomination conferring on one or more persons the right to receive the amount
of pensionery benefits under these regulations in the event of his death before
that amount becomes payable or, having become payable, has not been paid.
Such nomination shall be made in such form as may be specified by the Bank
from time to time.
(2) If any employee nominates more than one person under Sub-regulation (1), he
shall, in his nomination, specify the amount or share payable to each of the
nominees in such a manner as to cover the whole of the amount of pensionery
benefits that may be payable in the event of his death.
(4) A nomination or its revocation or its modification shall take effect to the extent it
is valid on the date on which it is received by the trust.
(2) Family pension shall become payable from the date following the date of death
of the employee or the pensioner
(3) Pension including family pension shall be payable for the day on which its
recipient dies.
53. Currency in which pension is payable: All pensions admissible under these
regulations shall be payable in rupees in India only.
54. Manner of payment of pension: A pension fixed at a monthly rate shall be payable
monthly on or after the first day of the following month.
55. Power to issue instructions: The Chairman and Managing Director of the Bank
may from time to time issue instructions as may be considered necessary or
expedient for the implementation of these regulations.
modifications as the Bank, with the previous sanction of the Central Government,
may from time to time, determine.
APPENDIX – I
The formula for updating basic pension and additional pension in respect of employees
who retired during the period 01.01.1986 to 31.10.1987 shall be as under:
(2) Special allowances to the extent of the amount ranking for making contributions to
the Provident Fund in terms of the Bipartite Settlement dated 10th April, 1989 or
Officers’ Service Regulations, as the case may be. Corresponding to the special
allowances drawn a the time of retirement shall be reckoned for the purpose of
additional pension.
TABLE
1. Rates of dearness relief worked out at index number 600 in the All India Average
Consumer Price Index for Industrial Workers in the series 1960 = 100 for all classes
of employees who retired during the period 01.01.1986 to 31.10.1987:
(d) Employees in officer cadre shall be eligible for dearness relief as under:
(i) For those drawing basic pension 66 percent of the amount of pension
upto `765/- per month: calculated at A above subject to a
maximum of `500/-
(iii) For those drawing basic pension of 42.90 percent of amount of pension
1,166/- per month or above; calculated as at A above subject to a
maximum of `715/-
2. The formula for updating basic pension in respect of workmen who have retired on or
after the 1st day of November, 1992 but before the 1st day of September, 1993 and in
respect of officers who have retired on or after the 1st day of July, 1993 but before the
1st day of May, 1994 shall be as under: -
(1) Total of pay drawn as per the old scales for the month/s `
during the last 10 months of qualifying service
(3) Total of pay drawn as per (1) above plus total of dearness `
allowance drawn as per (2) above.
(4) Total of pay drawn as per revised scales of pay for the `
month/s during the last 10 months of qualifying service
including the month in which the employee retired
3. In respect of workmen who have retired on or after the 1st day of November, 1992 but
before the 1st day of November, 1994 the amount of special allowances in terms of
Bipartite Settlement dated 14th February, 1995 or the Officers’ Service Regulations
as the case may be, corresponding to the special allowances actually drawn at the
time of retirement shall be reckoned for the purpose of computation of additional
pension, w.e.f. 1st November, 1994.
Provided that for the period from 1st day of November, 1992 or from the date of
retirement, whichever is later, till the 31st day October, 1994 the amount ranking for
Provident Fund at pre-revised rates shall be reckoned for the purpose of computation
of additional pension.
4. In respect of employees who have retired on or after the 1st day of November, 1994
and have drawn special allowance both at the pre-revised and revised rates during
the last 10 months of service before retirement, the amount of special allowance in
terms of the Bipartite Settlement dated 14th February, 1995 or the Officers’ Service
Regulations, as the case may be, corresponding to the pre-revised special allowance
actually drawn at the time of retirement shall be reckoned for the purpose of
computation of additional pension.
Note: The amount of revised special allowance drawn on or after the 1st day of
November, 1994 shall be reckoned for computation of basis pension.
5. In respect of subordinate staff who have retired on or after the 1st day of November,
1992 and have drawn pre-revised special allowance as also those who have retired
on or after the 1st day of November, 1994 and have drawn special allowance both at
the pre-revised and revised rates during the last ten months of service before
retirement, the amount of special allowance actually drawn at the pre-revised rates
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shall be reckoned for the purpose of computation of basic pension and shall draw
dearness relief at the rates for every rise or fall of 4 points over 600 points in the
quarterly average of the All India Consumer Price Index for Industrial Workers in the
series 1960 = 100.
APPENDIX – II
(1) In the case of employees who were in the workmen cadre and retired on or after 1st
day of January 1986, but before the 1st day of November, 1992; and in the case of
employees who were in the officers’ cadre and who retired on or after 1st day of
January, 1986, but before the 1st day of July, 1993 dearness relief shall be payable
for every rise or be recoverable for every fall, as the case may be, of every 4 points
over 600 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 four points shall be calculated in the manner given
below:
ii) `1,251 to `2,000 0.67 percent of `1,250 plus 0.55 percent of basic pension in
excess of `1,250
iii) `2,001 to `2,130 0.67 percent of `1,250 plus 0.55 percent of the difference
between `2,000 and `1,250 plus 0.33 percent of basic
pension in excess of `2,000
iv) Above `2,130 0.67 percent of `1,250 plus 0.55 percent of the difference
between `2,000 and `1,250 plus 0.33% of the difference
between `2,130 and `2,000 plus 0.17 percent of basic
pension in excess of ` 2,130
(2) In the case of employees who are in workmen cadre and who retire on or after 1st
day of November, 1992; and in the case of employees who are in the Officers’ cadre
and who retire on or after 1st day of July, 1993, dearness relief shall be payable for
every rise or be recoverable for every fall, as the case may be, of every 4 points
over 1148 points in the quarterly average of All India Average Consumer Price Index
for Industrial Workers in the series 1960 = 100. Such increase or decrease in
dearness relief for every said four points shall be calculated in the manner given
below:
ii) `2,401 to `3,850 0.35 percent of `2,400 plus 0.29 percent of basic pension in
excess of `2,400
iii) `3,851 to `4,100 0.35 percent of `2,400 plus 0.29 percent of the difference
between `3,850 and `2,400 plus 0.17 percent of basic
pension in excess of `3,850
iv) Above `4,100 0.67 percent of `2,400 plus 0.29 percent of the difference
between `3,850 and `2,400 plus 0.17% of the difference
between `4,100 and `3,850 plus 0.09 percent of basic
pension in excess of `4,100
(3) In the case of employees who retire on or after the 1st day of April 1998, dearness
relief shall be payable for every rise or be recoverable for every fall, as the case may
be, of every 4 points over 1616 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 four points shall be
calculated in the manner given below:
ii) `3,381 to `5,420 0.250 percent of `3,380 plus 0.21 percent of basic pension
in excess of `3,380
iii) `,5,421 to `5,770 0.25 percent of `3,380 plus 0.21 percent of the difference
between `5,420 and `3,380 plus 0.12 percent of basic
pension in excess of `5,420
iv) Above `5,770 0.25 percent of `3,380 plus 0.21 percent of the difference
between `5,420 and `3,380 plus 0.12% of the difference
between `5,770 and `5,420 plus 0.06 percent of basic
pension in excess of `5,770
(4) Dearness relief shall be payable for the half year commencing from the 1 st day of
February and ending with 31st day of July on the quarterly average of the index
figures published for the months of October, November and December of the
previous year and for the half year commencing from the 1st day of August and
ending with the 31st day of January on the quarterly average of the index figures
published for the months of April, May and June of the same year.
(5) In the case of family pension, invalid pension, and compassionate allowance,
dearness relief shall be payable in accordance with the rates mentioned above.
(6) Dearness relief will be allowed on full basic pension even after commutation.
(8) Pensioner whose basic pension is less than minimum pension but the aggregate of
basic pension and additional pension is more than the minimum pension shall draw
dearness relief as applicable to minimum pension.
APPENDIX – III
(a) In respect of employees other than part time employees, where the employees was
in the workmen cadre and retired before 01.11.1992 or where the employee was in
the officers’ cadre retired before 01.07.1993.
(b) In respect of employees other than part time employees, where the employee was in
the workmen cadre and retired on or after 01.11.1992 or where the employee was in
the officers’ cadre and retired on or after 01.07.1993.
`2,871 to `5,740 20 percent of the “Pay” shall be the basic family pension
plus 20 percent of allowances which are counted for making
contributions to Provident Fund but not dearness allowance
shall be the additional family pension. The aggregate of
basic and additional family pension shall not be less than
`860/- per month.
Above `5,740 15 percent of the “Pay” shall be the basic family pension
plus 15 percent of allowances which are counted for making
contributions to Provident Fund but not for dearness
allowance shall be the additional family pension. The
aggregate of basic and additional family pension shall not
be less than `1,150 per month and not more than `2,400 per
month.
(c) In respect of employees (both officers and workmen) other than part time employees
retiring on or after 01.04.1998:
Notes:
relief may be paid on such minimum family pension. However, no additional family
pension shall be payable over and above the minimum family pension.
APPENDIX – IV
APPENDIX – V
The formula for computing basic family pension and additional family pension in respect
of employees who were in the service of the Bank on or after the 1st day of January,
1986 and had died while in service on or before the 31st day of October, 1987 or had
retired on or before the 31st day of October, 1987 but died shall be as under:
Note:
TABLE