Death cum Retirement Benefit Scheme

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July 30, 2012 at 4:35 pm #73489

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CHAPTER VI
Gratuity
20. (a) For service of 10 years or more the date of gratuity is 1/4th of the amount reckonable for pension for each six monthly period of service, subject to a maximum of 16 & 1/2 months’ emoluments. The maximum amount is however, Rs. 36,000/-
(b) For service of less than 10 years the rate of gratuity is half-month’s of the amount reckonable for pension for every completed six monthly period of service.

July 31, 2012 at 5:01 am #73496

unknown

Participant

CHAPTER VII
Death Gratuity and Family Pension
21. Death gratuity—When the employee who has completed five years’ qualifying service dies while in service, a death gratuity shall be paid to the nominee or nominees of the deceased employee or to the surviving members of his family as defined in paragraphs 5S(1) of Chapter II in equal shares, if there be no nominee, subject to a minimum of 12 times of the amount reckonable for pension and a maximum of 16 & 1/2 times of the amount reckonable for pension.
The death gratuity will be admissible at the rate of 1/4 th of the emoluments last drawn for each six monthly period of service.
When an employee who has become eligible for pension and retiring gratuity under paragraph 20 dies within five years from the date of retirement and the same actually received or payable to the members of his/her family on account of retiring gratuity, is less than the amount that would have been admissible as death gratuity under paragraph 21, had he died on the date of retirement, this balance shall be paid as gratuity to the person on whom the right to received the gratuity is conformed under paragraph 22 or if there is no such person to the members of his family.
22. Nomination—
(1) Any employee to whom this scheme applies may, provided he has completed five years’ qualifying service, make a nomination in writing in the prescribed form shown in Appendix II conferring on one or more persons the right to receive the death gratuity that may be sanctioned under paragraph 21 and also the gratuity that may be payable under the same paragraph.
Provided that if, at the time of making nomination the employee has a family, the nomination shall not be in favour of any person or persons other than the members of his family.
(2) If an employee nominates more than one persons under sub-paragraph (1), he shall specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the whole amount of the gratuity.
(3) An employee may provide in a nomination—
(a) That in respect of any specified nominee, in the event of his/her predeceasing the employee, the right conferred upon that nominee shall pass to such other member of the employee’s family as may be specified in the nomination ; and
(b) That the nomination shall become invalid in the event of the happening of a contingency specified therein.
(4) The nomination made by an employee who has no family shall become invalid on his subsequently acquiring a family.
(5) Every nomination shall be in such one of the Forms A to D in Appendix-II as may be approved in the circumstances of the case.
(6) An employee may at any time cancel a nomination by sending a notice in writing and the employee shall along with such notice send a fresh nomination made in accordance with this Scheme.
(7) Immediately on the death of a nominee in respect of whom no special provision has been made in the nomination under clause (a) of sub-paragraph (3) or on the occurrence of any event by reason of which the nomination becomes invalid in pursuance of clause (b) of that sub paragraph (4), the employee shall send a notice in writing formally cancelling the nomination, together with a fresh nomination made in accordance with this paragraph.
(8) Every nomination made, and every notice of cancellation given, by an employee under this paragraph shall be sent, to the appointing authority or Head of the Institution/Organisation as the case may be who shall ; immediately on receipt a nomination, countersign in indicating the date of receipt and get the same pasted in the Service Book.
(9) Every nomination made, and every notice of cancellation given by an employee, shall, to the extent that it is valid, take effect on the date on which it is received by the authority mentioned in Sub-paragraph (8).
23. Family Pension—
(1) Family pension is admissible to the members of the family of an employee who dies while in service after rendering at least one year’s service.
(2) The benefit shall also be admissible in case of death of an employee after retirement if at the time of death he was in receipt of a compensation, invalid, retiring or superannuation pension or gratuity.
24. Rate of family pension—Family pension at the following rates will/be admissible to the members of the family of an employee.

Pay of the employee p.m.	Amount of monthly pension
(i) Rs. 1.200/- and above	(i) 12% of pay subject to a minimum of Rs. 160/- and a maximum of Rs. 250/-
(ii) Rs. 400/- an above but below Rs. 1,200/-	(ii) 15% of pay subject to a minimum of Rs. 100/- and a maximum of Rs. 160/-
(iii) Below Rs. 400/-	(iii) 30% of pay subject to a minimum of Rs. 60/- and a maximum of Rs. 100/-

25. Family pension at enhanced rate—
(a) In the event of death of an employee while in service, the rate of family pension will be 50% of the pay last drawn subject to a maximum of twice the family pension ordinary admissible in the rates shown above, provided the employee concerned has put in not less than 7 years’ continuous service prior to his death. The family pension at enhanced rate is payable for a period of 7 years’ from the date following the date of death or till the date on which the employee concerned would have attained the age of 65 years had be survived, whichever period is less.
(b) In the event of death after retirement the family pension at enhanced rate shall be payable up to the date on which the deceased employee concerned would have attained the age of 65 years had he survived or for 7 years, whichever period is less; but in no case the amount of enhanced family pension shall exceed the pension sanctioned to the employee concerned at the time or retirement. However, in cases when the amount of normal family pension exceeds the amount of pension sanctioned at the time of retirement, the enhanced family pension shall not be less than the amount of normal family pension. The pension sanctioned at the time of retirement shall be the pension inclusive of the part of pension which the retired employee may have commuted before death.
After the period for payment of family pension at enhanced rate is over, family pension at normal rate will commence.
Note: The method of determining the amount of family pension payable under the above principle should be calculated in the following manner.
Pension admissible should first be calculated by applying the minimum and maximum limits and doubled. The resultant amount or 50% of the pay last drawn, whichever is less, is the amount of family pension admissible under this Schemes;
26. Period during which family pension is admissible.
Subject to the following conditions, the family pension shall be admissible—
(a) in the case of widow/widower up to the date of death or re-marriage, whichever is earlier;
(b) in the case of minor son, until he attains the age of 18 years ;
(c) in the case of unmarried daughter, until she attains the age of 21 years or marriage whichever is earlier;
(d) in the case dependent parents up to the date of their death or re-marriage, whichever is earlier.
Note: Where an employee is survived by more than one widow, the family pension shall be paid to them in equal shares. On the death of widow, her share of the pension shall become payable to her eligible minor children. If at the time of her death a widow leaves no eligible minor child, the payment of her share of the pension shall cease.
27. Date of effect of Family Pension—A family pension shall take effect from the day following the death of an employee.
28. Pension payable to one member of the family—
Subject to the provision contained in the note under paragraph 26, the pension awarded under this Scheme shall not be payable to more than one member of the employee’s family at the same time. It shall first be admissible to the widow(s)/widower and then to the first eldest minor son, thereafter next minor sons according to seniority and when there will be no minor son, eldest minor daughter and so on and thereafter to mother and lastly to father. Payments to minor will be made through natural legal guardian.
Note: Payment of family pension will not be any bar if at the time of entitlement, the widow or widower, or unmarried daughter or son happens to be employed anywhere.

August 1, 2012 at 1:09 pm #73502

unknown

Participant

CHAPTER VIII
Determination of Pension during Re-employment
29. No employee shall draw pension in addition to any pay, that may be given to him if he is re-employed after retirement in the same post as held by him immediately before retirement. If, however, he is re-employed in any other post, the authority competent to sanction his pension shall determine the amount of pension, if any, that may be admissible to him in addition to the pay given to him during re-employment.

August 1, 2012 at 1:12 pm #73503

unknown

Participant

CHAPTER IX
Procedure relating to application for and sanction of pension
30. List of employees due to retire : The authorities of each Institution/ Organisation shall have a list prepared every six months, i.e. on the 1st January and the 1 st July each year of all employees who are to retire within the next 12 to 18 months of that date. A copy of every such list in the form shown in Annexure I shall be sent to the Director concerned and the Education Department, Government of West Bengal and Director of Pension, Provident Fund and Group Insurance, Government of West Bengal not later than the 31 st January of the 31st July as the case may be of that year. In case of the persons retiring for reasons other than by way of superannuation, the Institutions/ Organisation’s authority shall promptly inform the Director concerned and the Director of Pension, Provident Fund and Group Insurance or any officer nominated by him as soon as the impending retirement becomes known to him.
31. An employee, who is eligible for pension under this Scheme, shall submit to his appointing authority a formal application for pension in the form an prescribed in Appendix-IV and other documents as mentioned in the application form and other particulars, required in Appendix-V preferable one year in advance of the date of anticipated retirement.
32. The authorities of the Institutions/Organisations, on receipt of the formal application for pension, shall immediately prepare the pension papers after due scrutiny and verification of the service claimed and the emoluments actually drawn and forward the same along with the following documents to the respective Director or to the Officer(s) authorised by him in this behalf through the District authorities concerned:
(a) The Service Book duly completed and the entries duly verified and signed by the Head of the Institutions/Organisations in the case of an employee of the educational institutions including libraries; by the District Inspector of the District, in the case of the employees of District School Board and by the Director concerned or any officer authorised by him in the case of the Head of the Institution/Organisation.
(b) A certificate to be given by the appointing authority stating that the services claimed have been verified and that the average emoluments have been correctly calculated.
(c) Recommendation of the appointing authority stating whether the pension should be admitted or not.
33. The concerned Director or an officer(s) authorised by him on his behalf shall scrutinise be pension papers and forward the same to the Director of Pension, Provident Fund and Group Insurance or any officer authorised by him along with sanction is general terms in the forms as prescribed in Appendix VI at least three months before the date of retirement of the employee concerned for issue of pension payment order.
34. Where pension papers are detained for some reasons, provisional pension at the rate or 100 per cent of pension calculated on the basis of available information and provisional gratuity, after withholding of 10 per cent or Rs. 1,000/- of the gratuity, whichever is less, should be sanctioned immediately to the retiring employee of Non-Govt./Aided/Sponsored Institutions/Organisation by the Director concerned or any officer authorised by him, subject to the furnishing a written undertaking by the pensioner concerned in the enclosed form. In no case the provisional pension will continue beyond twelve months. The issue of last pay certificate should not be insisted upon before the payment of provisional pension. But the amount of gratuity withheld will be released only after production of last pay certificate.
While fowarding the pension papers, a copy of the order sanctioning the payment of provisional pension (including gratuity) shall be sent to the Director of Pension, Provident fund and Group Insurance. Government of West Bengal, along with the pension papers.
Such provisional pension (including gratuity) shall be subject to adjustment against the amount of final pension (including gratuity/relief or by short payment of pension). All outstanding dues shall be adjusted in the same manner as above.
35. The pension sanctioning authority will sanction provisional pension and gratuity and issue an order. The same will be drawn and disbursed by the Head of the Institution/Organisation or by the Drawing and Disbursing Officer, if there is any.

August 2, 2012 at 4:10 am #73514

unknown

Participant

CHAPTER X
Commutation of Pension
36. An employee who is eligible for the benefit of pension under this Scheme shall be entitled to commute for a lump sum payment at the rate determined by Government from time to time any portion not exceeding one-third of any pension which has been or may be granted to him under this Pension Scheme, provided that an employee against whom a judicial or departmental proceeding has been instituted or a pensioner against whom any such proceeding has been instituted or continued shall not be permitted to commute any portion of his pension during the pendency of such proceeding.
37. Sanctioning authority : The sanctioning authority means the Director or any officer(s) authorised by him.
38. Rate of commuted value of pension : The rates of commuted value of pension payable under this scheme have been shown in Appendix VII.
39. Application for commutation : An application for commutation of pension shall be submitted by an employee after he has retired, to the sanctioning authority as mentioned in paragraph 37 in the form as prescribed in Appendix VIII.
40. An employee of the non-Government educational institution, shown in Statement-I shall apply to the Competent Authority (Director or any officer authorised by him) in Form A for commutation of a portion of his pension including provisional pension, through the Head of the Institution, of if he/ she is or was himself/herself the Head of the Institutions, the application shall be sent to the Competent authority direct.
(1) The Competent Authority shall, on receipt of application in Form A—
(a) acknowledge the receipt of Form A in Part II of that Form and despatch the same to the applicant ;
(b) forward Form A in original to the Audit Officer in Part III of that Form with the request that Part IV of that Form may be competed and returned to him as early as possible so that action for getting the applicant examined by the appropriate medical authority can be taken.
(2) The Audit Officer shall, on receipt of Form A from the Competent Authority complete Part IV of that Form and transmit the same to the Competent Authority as early as possible.
(3) The Competent Authority shall, or receipt of Form A from the Audit Officer intimate the applicant in Part V(1) of Form A if the applicant desires to commute a sum not exceeding Rs.25/- or in Part V(2) of Form A if the applicant desired to commute a sum exceeding Rs.25/- the lump sum amount payable on commutation in the event of his being reported by such Medical Authority/Medical Boards as the Competent Authority may consider fit for commutation and shall at the same time instruct him to appear for examination before the Medical Authority/Medical Board within three weeks from the date his retirement within three months from the date of order but in case earlier than the date of retirement and shall supply a copy of Part I of Form B to the applicant. If the applicant appears before the Medical Authority/Medical Board, he shall be deemed to have accepted the amount authorised to be commuted.
(4) A copy of Part V(1) or Part V(2) of Form A, as the case may be shall be endorsed by the Competent Authority to the Appropriate Medical Authority/Medical Board through the Director of Health Service (for cases in Calcutta)/ the Chief Medical Officer of Health (for any other case) with :
(i) Part II and Part III of Form B ;
(ii) Form A with Part IV of that Form duly completed in original ;
(iii) Two copies of the applicants photograph of which one copy shall be attested by an officer belonging to Group ‘A’ service of the State Government.
(5) (i) If the applicant, after receipt of communication from the competent Authority under sub-para (3) fails to appear for Medical examination before the Medical Authority/Medical Board tin the date and at the time communicated to him (including any charge therein either at the request of the applicant or due to administrative reasons) and there is no reasonable ground for his failure, the Medical Authority/Medical Board shall report the fact to the competent Authority concerned and return to him the documents received under sub-para (4).
(ii) With the return of documents to the Competent Authority under clause (i) the applications for commutation shall be deemed to have been withdrawn.
(6) The Director of Health Services, West Bengal/The Chief Medical Officer of Health shall, on receipt of documents referred to in sub-para (4) :
(a) arrange for the medical examination of the applicant by the Medical Authority at the nearest available station from the residence of the pensioner ;
(b) transmit the documents referred to in sub-para (4) to the Medical Authority with the direction to examine the applicant ;
(c) inform the applicant as to the place and date of his medical examination and direct the Medical Authority to communicate to the applicant the time of such examination.
Note : In fixing the date of medical examination, it shall be ensured that the medical examination is held before the applicant’s next birth day.
41. (1) The Certifying Medical Authority shall, after obtaining from the applicant a statement in Part I of Form B which must be signed in their presence, subject to strict examination enter the results in Part II of Form B and record their opinion as to the accuracy with which the pensioner has answered the questions in Part I of Form B regarding his medical history and habits, attest the unattested copy of the photograph of the applicant, complete the certificate contained at the end of Part II of Form B and forward in to the Audit Officer, who has already completed Part IV of Form A, with the following documents :
(i) Part II or Part III of Form B in original :
(ii) Attested Copy of applicants photograph ;
(iii) Part I of Form B in original ; and
(iv) Part IV of Form A duly completed in original.
(2) The Medical Authority/Medical Board shall also send to the applicant a Certified copy of Part III of Form B and forward a Certified Copy of Part III of Form B to the Competent Authority who has signed Part V (1) or Part V (2) of Form A.
(3) If the Medical Authority/Medical Board/Special Board, as the case may be directs that his age for the purpose of commutation shall be assumed to be greater than his actual age, the applicant may withdraw his application by written notice despatched within a period of two weeks from the date on which he receives intimation of the finding after Examination of Medical Authority and of the revised sum payable on commutation. The Pension Sanctioning Authority will communicate the adverse medical report and revised sum payable as commuted value.
(4) If the applicant does not withdraw in writing his application within the said period of two weeks, he shall be deemed to have accepted the revised sum offered.
42. The employee who applied for commutation of pension within one year from the date of his retirement, will not be subjected to medical examination for the purpose of payment of commuted value of pension, provided this benefit will not be admissible to the person retired on ground of invalidation application for commutation of pension without medical examination will be made after the date of retirement and the commutation shall become absolute, that is, the retired pension shall become absolute, that is, the retired person shall become entitled to receive the commuted value of pension on the date on which his application is received by the Competent authority. An employee who has applied for Commutation of pension without medical examination will have no option in withdraw his application.
Persons retired on ground of invalidation and those who have applied for commutation of pension after one year from the date of retirement shall be subjected to medical examination.
Such persons shall become entitled to receive the commuted value of pension on the basis of next birthday following the date on which the medical authority signs the medical certificate.
43. In case of application for commutation of pension from an employee drawing invalid pension, the Medical Board shall, after examination in the manner as stated above, record his opinion in Part-Ill of the Form B.
44. The Medical Authority examining an employee applying for commutation of pension, shall be competent to charge fee at rates as prescribed by the State Government in the Health Department.

August 2, 2012 at 4:12 am #73515

unknown

Participant

CHAPTER XI
45. In respect of matters for which provisions has not been made in this Scheme, the relevant provisions in the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 (amended form time to time) shall apply mutatis mutandis subject to the approval of the State Government.

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