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BANSAL
19-08-2009, 03:24 PM
Sir,

Please let me have enlightend view on the following issues:

1.How the retirement benefits of an employee would be calculated in case he joins his service from a Pension Deptt to a non-pensionable Autonomous organisation when(1) he has not been allowed benefit of his past service in new Org. (ii) he has been allowed benefits of his past service but no leave salary or other contributions have been received either from his previous employer or from the individual.

Kanaujiaml
19-08-2009, 08:39 PM
Sir,

Please let me have enlightend view on the following issues:

1.How the retirement benefits of an employee would be calculated in case he joins his service from a Pension Deptt to a non-pensionable Autonomous organisation when(1) he has not been allowed benefit of his past service in new Org. (ii) he has been allowed benefits of his past service but no leave salary or other contributions have been received either from his previous employer or from the individual.

My dear Bansal. I would try to answer your question. Firstly, you have not told how much service the employee in question had put in before joining the Autonous Body. If he has put in 20 years of service, he will get full pensionary benifits and monthly pension.(as per rules effective from 02 09 08). In Autonous Body, in that case, his service would start denovo, as per rules applicable. If the employee has put in less than 20 years of service, he has got option to join an Autonous Body,where Pension is payable, to carry his "qualifying service" there. On Completion of 20 years of service/superanuation, he would be entitled to all pensionary benifits and monthly pension. There are Autonous Bodies, where "New Pension Scheme" has been adopted. There the NPS is compulsory for those who entered service w.e.f. 01 01 04 and NPS is optional who entered service prior to 01 01 04. Thus, NPS would be applicable to new employee from the date he would be joining such Autonous Body. In that case, employee quiting the service before completing 20 years, would be entitled to pensionary benifits according to rules applicable in previous organisation. It may be noted that NPS is all together different than the normal pension scheme and is contributory in nature. Specific Answer would be easier if full details are available.

BANSAL
21-08-2009, 11:02 AM
Sir,
SCERT Delhi is an autonomous organisation of GNCT of Delhi. The services rendered in the organisation is non-pensionable till date. There are certain staff members who has joined services (i) first on deputation basis and then absorbed in SCERT (ii) joined services on direct recruitment basis from Directorate of Education, GNCT of Delhi. The service rendered by them in GNCT of Delhi was pensionable. Now a few of them has superannuated and are claiming benefits of Leave encashment, gratuity etc wholly from SCERT without insisting upon the condition of pro-rata benefits as contained in CCS(Pension) rules Appendix 11.

To site an example, an employee rendered 20 year of service as pensionable and 13 year as non pensionable in SCERT.

Please enlighten whether they can be paid 300 leave encashement and/or full gratuity from SCERT at the present rate of emoluments. No leave salary contribution has been received from either the deptt or from employee.

Kanaujiaml
21-08-2009, 08:26 PM
Sir,
SCERT Delhi is an autonomous organisation of GNCT of Delhi. The services rendered in the organisation is non-pensionable till date. There are certain staff members who has joined services (i) first on deputation basis and then absorbed in SCERT (ii) joined services on direct recruitment basis from Directorate of Education, GNCT of Delhi. The service rendered by them in GNCT of Delhi was pensionable. Now a few of them has superannuated and are claiming benefits of Leave encashment, gratuity etc wholly from SCERT without insisting upon the condition of pro-rata benefits as contained in CCS(Pension) rules Appendix 11.

To site an example, an employee rendered 20 year of service as pensionable and 13 year as non pensionable in SCERT.

Please enlighten whether they can be paid 300 leave encashement and/or full gratuity from SCERT at the present rate of emoluments. No leave salary contribution has been received from either the deptt or from employee.

My dear Bansal. What was the date when such staff memeber left GNCT (pensionable service) ? If it was prior to 01 01 06, the staff member who quit GNCT after complelting 20 years of qualifying service, would get proroata pension along with benifits like gratuity and the leave encashment and even Commutation of pension. If he quit GNCT after 01 01 06, he would get full pension along with other pensionary benifits. This I am assuming on the basis that GNCT follows CCS (Pension) Rules. GNCT is responsible to make payments accordingly. All Superanuation benifits would be available based on 13 years qualifying service in autonomous body as per SCERT rules, which are different in different autonomous bodies. Some Autonomous Bodies have incorporated New Pension Scheme of Govt. of India for new entrants w.e.f. 01 01 04 with option to prior appointees to join it. In short NPS means depositing every month 10 @ of emoluments and equaval amount would be contributed by the Govt. At superanuation, 60 % of amount available in account, would be paid to retiree and 40 @ would be invested in LIC Pension Scheme for payment of monthly pension till life. I have tried to answer your question from best of my knowledge but rules continue changing and therefore, variation may occur.