FAKE MESSAGES CONFUSE & MISLEAD... EXERCISE DUE CAUTION..

FAKE MESSAGES

CONFUSE & MISLEAD...

EXERCISE DUE CAUTION..

First, understand the veracity of a message, check the sender's credibility, match facts,  share with others only when you're satisfied with your evaluation of its correctness & usefulness. Evaluate the messages on the basis of some facts, whose indicative details we are giving here. Every Pensioner should remember these facts to avoid being misled:

1. Banking is an industry, Bankmen are industrial workers, who are legally covered under the Industrial Disputes Act, 1947.

2. The wages, allowances, pension, service conditions etc. of the employees are fixed by settlement under the Industrial Disputes Act, 1947 or through Industrial Tribunals,

3. The government has no power under any law to do anything directly by notification,

4. The officers are governed by section 19 of the Banking Companies (Acquisition & Transfer of Undertaking) Act, 1970/80,

5. Bipartite Settlements are legal & binding agreements,

6. The Joint-Note is merely a memorandum of understanding, it has no legal standing/ binding,

7. The Bank Pension Regulations, 1995 covers  equally to the employees/officers,

8. The Bank Pension Regulations, 1995 is a subordinate legislation,

9. The producers of pension reforms/ amendments are contained in the clause 56 of Bank Pension Regulations, 1985,

10. The provision for pension revision is in the Pension Regulations. This provision was enfirced while implementing the Pension, but later it was never implemented.

11. Pension Agreement dated 29.10.1993 is a legal document. It is still effective,

12. Reference is made to the Central Pension Rules for resolution of any dispute arising in the implementation of the Bank Pension Scheme,

13. Such disputes are envisaged to occur while fixing the pension of the pensioners after retirement,

14. The Reserve Bank Pension Scheme was decided in 1990,

15. Pension settlement with other banks was done on 29.10.1993,

16. The Bank Employees Pension Regulations, 1995 were made on the basis of the Pension Agreement dated 29.10.1993,

17. The basic spirit of the Pension Agreement has been taken from the Reserve Bank Pension Scheme and Central Civil Services Rules,

18. It is mentioned in the Agreement that all the terms & conditions including pension revision will be on RBI line,

19. Pension in RBI was with effect from 1.1.1986,

20. On the line of RBI, pension in other Banks also came into effect from 1.1.1986,

21. Pension of Pensioners of 1.1.1986 to 31.10.1987 was updated in RBI,

22. The pension of other Bank Pensioners of 1.1.1986 to 31.10.1987 was also updated on the lines of RBI.

23. Pension is an integral part of service conditions. Pay-pension are two sides of the same coin,

24. Pension is not a dole or bounty. It is an earned right,

25. Pension revision with Pay revision is the underlying spirit of the pension scheme, 

26. Pension revision is a bilateral matter.

27. Whatever changes or reforms take place in the Central Govt Pension Rules, those reforms / changes should be done in the Bank Pension Scheme,

28. Pension scheme of Reserve Bank or other Banks, it's fate is linked to the Central Civil Services Rules,

29. The Bank Pension Scheme includes all the terms and conditions which were in the Central Civil Services Rules, while deciding the Pension Scheme,

30. The makers of the scheme had an idea that if there would be changes or reforms in the Central Pension Rules in future, then there would be anomalies in the Bank Pension due to which disputes would arise,

31. Provision has been made in Clause 56 of the Pension Regulations, 1995 for resolution of disputes,

32. Today there are many anomalies in the Bank Pension, because there have been many changes in the Central Government Pension, relative to which changes have not been made in the Bank Pension Scheme,

33. Why did NPS come in Banks? Its origin lies in the introduction of NPS in the Central Pension Rules,

34. In 2004, the Central Government introduced NPS. Since the Bank Pension was linked to the Central Pension Rules, NPS had to be implemented in banks as well,

35. The ground reality of Central Pension is different from the Pension of Banks,

36. Central Pension is based on budgetary allocations, but Banks' pension is self-funded,

37. The burden of Banking Pension does not fall on Banks,

38. It is the contractual obligation of the Banks to maintain the adequacy of the Pension Funds,

39. Why the commutation chart of bank pension is changed, because it was taken from the Central Pension Rules, where it was changed,

40. There are some miscreants, alleging that the Pension Regulations, 1995 do not have a clear clause for Pension Revision. This is nonsense,

41. Union leaders have deleted the clear clause of pension revision for some invisible benefit, due to which pension revision is obstructed, this is also nonsense,

42. The Bank Pension Regulations, 1995 is similar to the RBI Pension Regulations, 1990, under which pension revision took place in 2003, then on 5.3.1019 and finally on 21.6.2023 in the light of the previous Pay Settlement covering pensioners up to 31.10.2017,

43. There is no separate clause regarding pension revision in RBI Pension Regulations also,

44. The sick mentality of the accusers should be understood,

45. Naach na aaye Aangan Tedha has a saying, which fits perfectly on the accusers,

46. ​​If there is no intention of pension revision of the Unions, then blaming the Pension Regulations is like saving the criminal leaders,

47. When the situation is like this, the attitude of the Unions related to the Pension Agreement is irresponsible, shameful, adverse and regressive, then the pensioners are left with diplomatic efforts, agitation and court proceedings,

48. IBA and unions are together against pension revision,

49. Pensioners do not have the capacity to undertake interventional actions in Banks. They can't even make a bulb go off in the Banks,

50. Operating unions have the capacity to undertake interventional actions in Banks, which they do not want in the issues of Pensioners,

51. Bilateral system comes in effect, once the demand is raised by Unions. Bilaterism succeeds only on interventional powers that Unions have.

J. N. SHUKLA

National Convener

1.7.2023,

9559748834

Sister Nirmala Sitharaman,

Hon'ble Finance Minister

Govt of Inndia,

New Delhi

Respected Ma'am,

   REDRESS MOST WANTED ISSUES

In a mail sent to you dated 22.6.2023, we have expressed our gratitude on behalf of about 5 lakh Bank Pensioners for your decision to constitute a Committee to look into certain issues of Bank Retirees. Pensioners of PSBs are hopeful, particularly when RBI retirees pension has been updated upto 31.10.2017, their pension would be revised on RBI line in due course. 

With this mail we are enclosing a copy of the letter which we have sent to the Hon'ble Prime Minister on 15.6.2023, wherein we have emphasized among other things the need to make minor adjustments to achieve larger objectives in the national interest. The emerging scenarios from the current 'activities' should neither be ignored nor taken lightly. The political ramifications of these 'activities' cannot be ignored. Please look into following issues at your earliest convenience;

1.Old Pension Scheme:

We have urged the Hon'ble Prime Minister regarding the "minor adjustments" and requested that the anger and frustration about the restoration of Old Pension Scheme should be taken seriously, because the issue is sensitive and it affects lives of 2.5 to 3 crore families. In simple words, we mean, their voting strength which matters. 

2. Pension Funding on RBI/PSB model:

For financial management, we have requested to take into cognizance the 'funding model' adopted for pension payment in RBI/ Banks. We have suggested setting up of a 'Pension Payment Authority' to hand over the entire NPS corpus to the Authority. With the current NPS contribution of 14%, the Authority will be able to meet the Pension Payments. Still, if there is any shortfall in the fund adequacy, the government can fulfill it from the budget, as banks are doing from their P & L accounts.

3. Commutation in 12 years:

Pension commutation is recovered with interest in 12 years. The Gujarat government has restored pension commutation in 13 years. It is a calculation based issue. When the amount of pension commutation along with interest is being recovered in 12 years, there is no justification for continuing the recovery for 15 years. 

4. Pension Revision on RBI line:

Pension in Public Sector Banks came into effect from 1.1.1986. Pay Revision happened every five years, but Pension Revision never happened even once. The previous governments did grave injustice to the Bank Pensioners. Your Govt has updated the pension of RBI Pensioners on 5.3.2019 and 21.6.2023 till 31.10.2017. Your Govt has removed the ceiling of 15%/20% on the Family Pension of other PSBanks and made the pension of all Family Pensioners 30%. You have formed a Committee to examine the Pension revision issue of bank retirees. Pension Revision of PSB retirees for all these years since introduced from 1.1.1986.

5. Regularisation of temp. Daily wagers:

Temporary daily wagers doing peons' work in PSBs from 10 to 15 years are working on regular posts in Banks. Their number will be 1.50 to 1.75 lakh. These people have been working on wages of Rs.400/500 per day for so long. We request that the government should take a decision on their regularization and their appointment letters should be given by the Hon'ble Prime Minister. This system has also been going on since the time of the previous government. The government should give justice to the daily laborers.

We request you to take the above issues very seriously and resolve them at the earliest. This will send positive message in abundance to the people associated with these subjects. Such families need justice and we expect the government to give justice to such people.

Respectful Regards,

(J. N. Shukla)

26.6.2023

9559748834

Encl: Letter to Hon. Prime Minister 

Sri Narendra Modi ji,

Hon'ble Prime Minister,

Govt. Of India

New Delhi

Respected Prime Minister,

Developed India is your cherished dream, which you want to achieve during Amritkal by the end of centenary of Independence Day in 2047. This will be possible only when you remain in power. How will you deal with the twin challenges of a developed India and staying in power is the big question before the nation, the nation which is poised to become a developed Nation. We wish, you remain in power to achieve developed nation status.

Big campaign of trickery:

It is said that 'the memory of the masses is short-lived'. It will not be surprising if people forget with the passage of time what you have done for the upliftment of the country and different sections of the society in the last 9 years. Such people can be tricked by any other kind of inducement to prove that your contribution is insufficient. 

This campaign has started. We hope, you are aware of these things. There is also a large section in the country, which have nothing to do with the country or its pride. They are only concerned with meeting the bare necessities of life. They have nothing to do with big things like developed India, Great India. It's great dilemma.

Real Issues:

There are some real problems, which we are mentioning below. These problems are directly related to people who run the government businesses. The government should take them seriously and move towards a solution. If the problems are legitimate, then the government should not hesitate to solve them. This will create a positive & pleasant atmosphere, which will have a direct impact on the image & functions of the government.

( 1 )

There is a huge vociferous resentment among the employees/officers of the Central and State Governments regarding the pensionary benefits. They are demanding & agitating for the restoration of the Old Pension Scheme. OPS was abondoned by Atal Govt. It's quoted as stigma on BJP Govt. as well. Some States have restored OPS, of course under political compulsions to reap electoral benefits. 

The displeasure of the OPS also extends to other institutions like the Reserve Bank, NABARD, Public Sector Banks, LIC, GIC, Railways etc., where Pension Schemes on the lines of the Central Government are in vogue. Government can restore OPS with minor structural reforms, as we hinted in point 5 below.

( 2 )

The restoration of  Commutation of Pension is another contentious issue. Presently it is taking place after 15 years. Pensioners demand is to restore it in 12 years. This demand is based on mathematically calculation which proves that commuted amount plus accrued interest is recovered in 12 years. On the basis of this fact Pensioners feel that the Govt is unjustifiably recovering it another 3 years. Pensioners question is: When the recovery of commuted value with due interest is recovered in 12 years, then why should  commutation be restored in 15 years? We don't think, govt has any intention to recover extra from Pensioners. Therefore, the government should accept this demand on the basis of facts. Gujarat Government restores it in 13 years.

( 3 )

In many Institutions like Banks where Pension Schemes are in vogue on the basis of Central Pension Scheme, Pension is not being revised with Pay & Allowances. Pension was revised in RBI, but the concerned Finance Ministry did not revise Pension in Public Sector Banks. The basis of Pension applicable in Public Sector Banks is the Pension of the Reserve Bank. It is clearly written in the Pension Agreement that all the terms including Pension Revision will be on "RBI line". This is a matter which touches the lives of 15 lakh pensioners of Banking and other Financial Institutions alone. Why shouldn't the government intervene? These are Government Institutions, where such apathy ultimately puts the government in the dock.

( 4 )

More than 1.5 lakh daily wage workers are working against permanent vacancies in Public Sector Banks alone. We do not know about the number of daily wage workers in other government enterprises. We do not need to remind you the duties of the Welfare State of which you are the Head and whose official duty is to ensure that injustice is not done to a single citizen. Daily wage laborers working in permanent vacancies for small amount per day without regular pay scale and other benefits are also citizens of this great country which is ready to take a quantum leap towards developed country. If possible, Prime Minister Sir, you may please decide to regularize the daily wage laborers sitting on the lower rung. It will be a great event in this government in Amritkaal.

The government can easily solve these issues related to vast chunk of govt. and Public Sector Staffers. Bureaucrats are also cared.

 

( 5 ) Strategy for funding of OPS:

As far financial strategy for OPS funding is concerned, government should look into the Pension Service models adopted in Banks, where it is totally delinked from revenues and sourced from funded scheme. PSBs have established irrevocable Pension Trusts and parked there employers' PF contributions. Pension is served from the said Pension Funds income . Little bit short, if any,  are replenished by Banks. Same way the Governments can constitute independent Pension Funds Authority to manage the payment of Pensionary benefits to govt staffers. 

The govt may examine the financial position of Authority each year end and if any short fall, govt can make good from budgetary allocations. Since NPS contribution is at 14% which was earlier 8.33% and 10%, we are of the view that with 14% contribution, Pension Funds shall continue to be robust.

Prayer:

We request you to stop the growing dissatisfaction by considering the above issues sympathetically and taking appropriate decisions. The government should take cognizance of the legitimate demands of its employees, officers and personnel of public undertakings, who are directly involved in the activities and execution of the government policies & programs. Their satisfaction matters. Hope, you will very kindly take it seriously, resolve and not allow to precipitate and flare up.

Regards,

(J. N. Shukla)

National Convener

15.6.2023

9559748834