ANDHRA BANK
(EMPLOYEES') PENSION (AMENDMENT) REGULATIONS, 2017
PREAMBLE
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 the
Andhra Bank in consultation with the Reserve Bank of India and with the
previous sanction of the Central Government, hereby makes the following
regulations further to amend the Andhra Bank (Employees') Pension Regulations,
1995, namely:-??
Regulation 1.
(1)
These regulations may be called the Andhra
Bank (Employees') Pension (Amendment) Regulations, 2017.
(2)
Save as otherwise expressly provided in these
regulations, they shall come into force on the date of their publication in the
Official Gazette.??
Regulation 2.
In the Andhra Bank (Employees') Pension Regulations 1995
(hereinafter referred to as the said regulations),-
In regulation 2, in clause (s), after sub-clause(c), the
following sub-clause shall be inserted, namely:-
"(d) in relation to an employee who retired or died
while in service on or after the first day of May, 2005 the basic pay including
stagnation increments, if any, and Special pay, Graduation Pay, Professional
Qualification Pay, increment component of Fixed Personnel Pay and Officiating
Pay, if any, drawn by the employee during the last ten months of his service in
the Bank:
Provided that with effect from 1st day of May, 2005 the
provisions of this clause shall have effect in relation to an employee who
retired or died while in service on or after 1st day of April, 1998 but before
30th day of April, 2005.".??
Regulation 3.
In regulation 3 of the said regulations, for
sub-regulation (4), the following sub-regulation shall be substituted, namely:-
"(4) (a) join the service of the bank on or
after the notified date and on or before the 31st day of March, 2010;".
(b) ??after
sub-regulation (10), the following sub-regulations shall be inserted, namely:-
"(11) were in the service of the Bank prior to the
29th September, 1995 and continue in the service of the Bank as on the 27th
April, 2010 provided such employee meets the requirement and comply with the
conditions laid down in the settlement;
(12) were in the service of the Bank prior to the 29th
September, 1995 and retired after that date and prior to 27th April, 2010
provided such employee meets the requirements and comply with the conditions
laid down in the settlement;
(13) were in service of the Bank, prior to the 29th
September, 1995 retired after that date and had died 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 meets the requirement
and complies with the conditions laid down in the settlement;
(14) were in the service of the bank prior to the 29th
September, 1995 and died while in service of the Bank after that 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 meet the
requirement and complies with the conditions laid down in the
settlement.".??
Regulation 4.
In regulation 28 of the said regulations, after the
proviso, the following proviso shall be inserted, namely:-
"Provided further that employees who ceased to be in
service on or after the 29th September, 1995 on account of voluntary retirement
before attaining the age of superannuation but after rendering service for a
minimum period of 15 years in accordance with the Scheme framed in this regard
by the Board with the approval of the Government, shall be entitled to join the
Pension Fund, subject to the compliance of the terms and conditions mentioned
in the Scheme."??
Regulation 5.In regulation 36 of the said regulations,-
(a)
in clause (c), the following proviso shall be
inserted, namely:-
"Provided that on and from the 1st day of May, 2005
the amount of minimum pension, in respect of an employee, other than a
part-time employee, who retired on or after the 1st April, 1998 but before the
31st October, 2002 shall be rupees one thousand and sixty per month and rupees
three hundred and fifty five in respect of a part-time employee drawing 1/3
scale wages, rupees five hundred and thirty in respect of a part-time employee
drawing 1/2 scale wages and rupees seven hundred and ninety five in respect of
a part-time employee drawing 3/4 scale wages, where the part-time employee
retired on or after 1st day of April, 1998.";
(b)
after clause (c), the following clause (d)
shall be inserted namely:-
"(d) ?rupees one thousand four hundred and thirty
five per month in respect of an employee, other than a part-time employee,
where the employee retired on or after 1st day of May 2005 and rupees four
hundred and eighty per month in respect of a part-time employee drawing 1/3
scale of wages, rupees seven hundred and twenty per month in respect of
part-time employee drawing 1/2 scale wages and rupees one thousand and eighty
per month in respect of a part-time employee drawing 3/4 scale wages, where the
part-time employee retired on or after the 1st day of May 2005:
Provided that on and from the 1st day of May 2005 the
provisions of this clause shall also apply to an employee including a part-time
employee who retired on or after 1st November 2002 but on or before 30th April
2005.;
(e) ??rupees
one thousand seven hundred and seventy nine per month in respect of an
employee, other than a part-time employee, where the employee retired on or
after 1st day of November 2007 and rupees five hundred and ninety five per
month in respect of a part-time employee drawing 1/3 scale of wages, rupees
eight hundred and ninety two per month in respect of part-time employee drawing
1/2 scale of wages and rupees one thousand three hundred and thirty nine per
month in respect of a part-time employee drawing 3/4 scale wages, where the
part-time employee retired on or after the 1st day of November 2007.".??
Regulation 6.In regulation 40, of the said regulations, in sub-regulation (4),-
(i)
in clause (a), after sub-clause (iii),the
following proviso and clause shall be inserted, namely:-
'Provided that on and from the 1st day of May 2005 the
provisions of this sub-clause shall have effect as if for the words "six
thousand seven hundred and fifty six", the words "seven thousand and
forty", had been substituted.;
(iv) ?nine thousand five hundred and sixty five
rupees per mensem only in respect of employees, both officers and workmen, who
retired or died on or after 1st day of May 2005; ';
(v) ??Eleven thousand eight 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 November 2007."
(ii)
in clause (b), after sub-clause (iii), the
following proviso and clause shall be inserted, namely:-
'Provided that on and from the 1st day of May 2005 the
provisions of this sub-clause shall have effect as if for the words "six
thousand seven hundred and fifty six", the words "seven thousand and
forty", had been substituted;
(iv) ?nine
thousand five hundred and sixty five rupees per mensem only in respect of
employees, both officers and workmen, who retired or died on or after 1st day
of May 2005.';
(v) ??Eleven
thousand eight 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 November 2007.
(iii)
in clause (c), after sub-clause (iii), the
following proviso and clause shall be inserted, namely:-
'Provided that on and from the 1st day of May 2005 the provisions
of this sub-clause shall have effect as if for the words "three thousand
three hundred and seventy eight," the words "three thousand five
hundred and twenty," had been substituted.;
(iv)
four thousand seven hundred and eighty three
rupees per mensem only in respect of employees, both officers and workmen, who
retired or died on or after 1st day of May 2005.'.
(v)
five thousand nine hundred and twenty eight
rupees per mensem only in respect of employees, both officers and workmen, who
retired or died on or after 1st day of November 2007.??
Regulation 7.
For regulation 48 of the said regulations, the following
regulations shall be substituted, namely:-
"48. Recovery of pecuniary loss caused to Bank.-
(1)
The Competent Authority may withhold or
withdraw a pension or a part thereof, whether permanently or for a specified
period, and order recovery from pension of the whole or part of any pecuniary
loss caused to the Bank if in any departmental or judicial proceedings the
pensioner is found guilty of grave misconduct or negligence or criminal breach
of trust or forgery or for acts done fraudulently during the period of his
service:
Provided that the Board shall be consulted before any
final orders are passed:
Provided further that where a part of pension is withheld
or withdrawn the amount of pension drawn by a pensioner shall not be less than
the minimum pension payable under these regulations:
Provided also that the 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.
(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 institutions:
Provided that the disciplinary proceedings so instituted
shall be in accordance with the procedure applicable to disciplinary
proceedings in relation to the employee during the period of his service.
(3)
Where the Competent Authority orders recovery
of pecuniary loss from the pension, the recovery shall not ordinarily be made
at a rate exceeding one-third of the pension admissible on the date of
retirement of the employee.".??
Regulation 8.In regulation 52 of the said regulations,-
(a)
for sub-regulation (1), the following
sub-regulation shall be substituted, namely:-
"(1) Except in the case of an employee to whom the
provisions of regulation 34 or regulation 46 apply, a pension other than family
pension shall become payable from the date following the date on which an
employee retires.".
(b)
in sub-regulation (3), the following proviso
shall be inserted, namely:-
"Provided that pension including family pension to
those who opted to join the Bank Employees' Pension Scheme on or after the 27th
April, 2010 shall be payable with effect from the 27th November, 2009.".??
Regulation 9.
For Appendix II to the said regulations, the following
Appendix shall be substituted, namely:-
"Appendix II
(See regulation 37)
Dearness relief on basic pension shall be as under:-
(1)
In the case of employees who were in the workmen
cadre and who retired on or after the 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 the 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:-
|
Scale
of basic pension
|
The
rate of dearness relief as a
|
|
per
month
|
percentage
of basic pension
|
|
(1)
|
(2)
|
|
(i)
Upto Rs. 1250
|
0.67
per cent
|
|
(ii)
Rs. 1251 to Rs. 2000
|
0.67
per cent of Rs. 1250 plus 0.55 per cent of basic pension in excess of Rs.
1250.
|
|
(iii)
Rs. 2001 to Rs. 2130
|
0.67
per cent of Rs. 1250 plus 0.55 per cent of the difference between Rs. 2000
and Rs. 1250 plus 0.33 per cent of basic pension in excess of Rs. 2000.
|
|
(iv)
Above Rs. 2130
|
0.67
percent of Rs. 1250 plus 0.55 percent the difference between Rs. 2000 and Rs.
1250 plus 0.33 per cent of the difference between Rs. 2130 and Rs. 2000 plus
0.17 per cent of basic pension in excess of Rs. 2130.
|
(2)
In the case of employees who are in workmen
cadre and who retire on or after the 1st day of November, 1992; and in the case
of employees who are in the officers' cadre and who retire on or after 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 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:-
|
Scale
of basic
|
The
rate of dearness relief as a
|
|
pension
per month
|
percentage
of basic pension
|
|
(1)
|
(2)
|
|
i.
Upto Rs. 2400
|
0.35
per cent
|
|
(ii)
Rs. 2401 to Rs. 3850
|
0.35
percent of Rs. 2400 plus 0.29 percent of basic pension in excess of Rs. 2400
|
|
(iii)
Rs. 3851 to Rs. 4100
|
0.35
percent of Rs. 2400 plus 0.29 percent of the difference between Rs. 3850 and
Rs. 2400 plus 0.17 percent of basic pension in excess of Rs. 3850
|
|
(iv)
above Rs. 4100
|
0.35
per cent of Rs. 2400 plus 0.29 per cent of the difference between Rs. 3850
and Rs. 2400 plus 0.17 per cent of the difference between Rs. 4100 and Rs.
3850 plus 0.09 per cent of basic pension in excess of Rs. 4100
|
(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:-
|
Scale
of basic
|
The
rate of dearness relief as a
|
|
pension
per month
|
percentage
of basic pension
|
|
(i)
Upto Rs. 3380
|
0.25
per cent
|
|
(ii)
Rs. 3381 to Rs. 5420
|
0.25
per cent of Rs. 3380 plus 0.21 percent basic pension in excess of Rs. 3380
|
|
(iii)
Rs. 5421 to Rs. 5770
|
0.25
per cent of Rs. 3380 plus 0.21 percent of the difference between Rs. 5420 and
Rs. 3380 plus 0.12 per cent of basic pension in excess of Rs. 5420.
|
|
(iv)
Above Rs. 5770
|
0.25
per cent of Rs. 3380 plus 0.21 percent of the difference between Rs. 5420 and
Rs. 3380 plus 0.12 per cent of the difference between Rs. 5770 and Rs. 5420
plus 0.06 per cent of basic pension in excess of Rs. 5770.
|
Provided that on or from the 1st day of May 2005 in the
case of employees who retire on or after the 1st day of April 1998 but on or
before the 31st October 2002, dearness relief shall be payable for every rise
or be recoverable for every fall, as the case may be, of every 4 points over
1684 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 4 points shall be calculated in the manner
given below:
|
Scale
of basic pension per month
|
The
rate of dearness relief as a percentage of basic pension
|
|
(i)
Upto Rs. 3550
|
0.24
per cent
|
|
(ii)
Rs. 3551 to Rs. 5650
|
0.24
per cent of Rs. 3550 plus 0.20 per cent basic pension in excess of Rs. 3550
|
|
(iii)
Rs. 5651 to Rs. 6010
|
0.24
per cent of Rs. 3550 plus 0.20 per cent of the difference between Rs. 5650
and Rs. 3550 plus 0.12 of basic pension in excess of Rs. 5650
|
|
(iv)
Above Rs. 6010
|
0.24
per cent of Rs. 3550 plus 0.20 per cent of the difference between Rs. 5650
and Rs. 3550 plus 0.12 per cent of the difference between Rs. 6010 and Rs.
5650 plus 0.06 per cent of basic pension in excess of Rs. 6010
|
(4)
In respect of employees who retire on or
after the 1st day of May, 2005, dearness relief shall be payable for every rise
or be recoverable for every fall, as the case may be, of every 4 points over
2288 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 4 points shall be calculated at the rate of
0.18 per cent of basic pension:
Provided that on and from the 1st day of May 2005, in
respect of employees who retired on or after 1st day of November 2002 but on or
before 30th day of April 2005, dearness relief shall be payable in terms of
this clause:
Provided further that in respect of employees who retired
on or after the 1st day of November 2007, Dearness Relief shall be payable for
every rise or be recoverable for every fall, as the case may be, of every 4
points over 2836 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 4 points shall be
calculated at the rate of 0.15 per cent of basic pension.
(5)
Dearness relief shall be payable for the half
year commencing from the 1st day of February and ending with the 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.
(6)
In the case of family pension, invalid
pension and compassionate allowance, dearness relief shall be payable in accordance
with the rates mentioned above.
(7)
Dearness relief will be allowed on full basic
pension even after commutation.
(8)
Dearness relief is not payable on additional
pension.
(9)
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.".
Regulation 10.
For Appendix III to the said regulations, the following
Appendix shall be substituted, namely:-
"Appendix III
(See Regulation 39)
The ordinary rates of family pension shall be as under:-
(a)
In respect of employees other than part-time
employees, where the employee was in the workmen cadre and retired before the
1st day of November, 1992 or where the employee was in the officers' cadre and
retired before the 1st day of July, 1993:-
|
Scale
of pay per month
|
Amount
of monthly Family pension
|
|
(1)
|
(2)
|
|
Upto
Rs. 1500
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent 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 Rs.
375 per month.
|
|
Rs.
1501 to Rs. 3000
|
20
per cent 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 Rs. 450 per
month.
|
|
Above
Rs. 3000
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent 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 Rs.
600 per month and not more than Rs. 1250 per month.
|
(b)
In respect of employees other than part-time
employees, where the employee was in the workmen cadre and retired on or after
the 1st day of November, 1992 or where the employee was in the officers' cadre
and retired on or after the 1st day of July 1993:-
|
Scale
of pay per month
|
Amount
of monthly Family Pension
|
|
(1)
|
(2)
|
|
Upto
Rs. 2870
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent 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 be subject to a
minimum of Rs. 720 per month.
|
|
Rs.
2871 to Rs. 5740
|
20
per cent of the Pay shall be the basic family pension plus 20 per cent 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 be subject to a
minimum of Rs. 860 per month.
|
|
Above
Rs. 5740
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent 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 be subject to a
minimum of Rs. 1150 per month and a maximum of Rs. 2400 per month.
|
(c)
In respect of employees (both officers and
workmen) other than part-time employees retiring on or after the 1st day of
April, 1998:-
|
Scale
of pay per month
|
Amount
of monthly Family Pension
|
|
(1)
|
(2)
|
|
Upto
Rs. 4040
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent 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 Rs.
1015 per month.
|
|
Rs.
4041 to Rs. 8080
|
20
per cent of the Pay shall be the basic family pension plus 20 per cent 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 Rs.
1212 per month.
|
|
Above
Rs. 8080
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent 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 Rs.
1616 per month and a maximum of Rs. 3378 per month:
|
Provided that on and from the 1st day of May, 2005 in
respect of the employees (both officers and workmen), other than part time
employees, who retired on or after the 1st day of April 1998 but on or before
the 31st day of October, 2002, the ordinary rate of family pension shall be as
under:-
|
Scale
of pay per month
|
Amount
of monthly Family Pension
|
|
(1)
|
(2)
|
|
Up
to Rs. 4210
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent 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 be subject to a
minimum of Rs. 1056 p.m.
|
|
Rs.
4211 to Rs. 8420
|
20
per cent of the Pay shall be the basic family pension plus 20 per cent 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 be subject to a
minimum of Rs. 1262 p.m.
|
|
Above
Rs. 8420
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent 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 be subject to a
minimum of Rs. 1687 p.m. and a maximum of Rs. 3521 p.m.
|
(d)
In respect of employees (both officers and
workmen) other than part-time employees retiring on or after the 1st day of the
May 2005:-
|
Scale
of pay per month
|
Amount
of monthly Family Pension
|
|
(1)
|
(2)
|
|
Upto
Rs. 5720
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent of
allowance which are counted for making contribution to Provident Fund but not
for dearness allowance, shall be the additional family pension. The aggregate
of basic and additional family pension shall be subject to a minimum of Rs.
1435 p.m.
|
|
Rs.
5721 to Rs. 11440
|
20
per cent of the Pay shall be basic family pension plus 20 per cent of
allowance 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 be subject to minimum
of Rs. 1715 p.m.
|
|
Above
Rs. 11440
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent of
allowances which are counted for making contributions to Provident Fund but
not for the dearness allowance, shall be the additional family pension. The
aggregate of basic and additional family pension shall be subject to a
minimum of Rs. 2292 p.m. and maximum of Rs. 4784 p.m.:
|
Provided that on and from the 1st day of May 2005, in
respect of employees who retired on or after the 1st day of November 2002 but
on or before the 30th April 2005, ordinary rates of family pension shall be in
terms of this clause.
(e)
In respect of employees (both officers and
workmen) other than part-time employees retiring on or after the 1st day of
November 2007:-
|
Scale
of pay per month
|
Amount
of monthly Family Pension
|
|
(1)
|
(2)
|
|
Upto
Rs. 7090
|
30
per cent of the Pay shall be the basic family pension plus 30 per cent of
allowance which are counted for making contribution to Provident Fund but not
for dearness allowance, shall be the additional family pension. The aggregate
of basic and additional family pension shall be subject to a minimum of Rs.
1779 p.m.
|
|
Rs.
7091 to Rs. 14180
|
20
per cent of the Pay shall be basic family pension plus 20 per cent of
allowance 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 be subject to minimum
of Rs. 2186 p.m.
|
|
Above
Rs. 14180
|
15
per cent of the Pay shall be the basic family pension plus 15 per cent of
allowances which are counted for making contributions to Provident Fund but
not for the dearness allowance, shall be the additional family pension. The
aggregate of basic and additional family pension shall be subject to a
minimum of Rs. 2841 p.m. and maximum of Rs. 5930 p.m.
|
Notes:-
(1)
Dearness relief is not payable on additional
family pension.
(2)
Scale of pay for the purpose of calculation
of family pension as above shall be the aggregate of Pay as defined in clause
(s) of regulation 2 and allowances as defined in the Explanation to
sub-regulation (3) of regulation 35.
(3)
In the case of a part-time employee, the
minimum amount of family pension and maximum amount of family pension shall be
in proportion to the rate of scale wages drawn by the employee.
(4) In case the aggregate of basic family pension and additional
family pension falls short of minimum pension the pensioner may be given
minimum family pension and dearness relief may be paid on such minimum family
pension. However, no additional family pension shall be payable over and above
the minimum family pension.".