Pension payment on redeployment from one statutory authority to other statutory authority
Vee kay kapoor
(Querist) 31 August 2013
This query is : Resolved
I have been redeployed from One Statutory Body to another Statutory Body. Both bodies are created under an Act of Parliament. However, Govt. decided to wind-up the older body where I was employed. Hence, All officers and employees of the body were absorbed on redeployment basis in some of the organisations.
My terminal dues were settled by the older body (earlier employer)except pension. The new body where I am redeployed have Super-annuation Fund but not the proper pension scheme which was there in my earlier employment and I am member of that pension scheme.
In earlier employment, pension becomes due where a member of the Pension fund has 1) super-annuated, 2) Died or 3) have taken VRS. None of these cases are applicable to me.This pension scheme have one rule which says where any of the rules in this pension scheme are not applicable than refer to CCS (Pension) Rules, 1972.
As mine's is a redeployment due to Govt. Order, these three conditions do not apply to me and in such case, to confirm our status on the day of our exit from earlier organisation, CCS (Pension) Rules, 1972 are to be referred. Rule 37 of the CCS(Pension) Rule,1972 says that "On the date when employee joins the new organisation, he will deemed to be treated as "Retired".
My query is:
1 Whether my above observations are correct. Please correct me, if required.
2. From which date the pension payment will start?
3. What will be the status of Superannuation Benefits from my new organisation?
Guest
(Expert) 31 August 2013
In whole of your long story you have not stated how much service you rendered in the previous organisation, whether the CCS (Pension) Rules 1972 were applicable to you, i.e., whether you joined prior to 1.1.2004 or later, whether you received lump sum commutation for 100% of the permissible pension as one time settlement, if you rendered 10 years of more of service, or not, and so on.
In the absence of adequate information nothing can be said on your questions.
Vee kay kapoor
(Querist) 31 August 2013
Dear Shri Dhingra,
I have completed 25 years of service in my previous orgranisation before being redeploed to new orgranisation.
No, I have not got any commutation.
Thanks & Regards.
Vee kay kapoor
(Querist) 31 August 2013
Dear Shri Sudhir Kumar,
What is this Leave salary Pension Contribution.
Please clarify.
thanks.
Guest
(Expert) 31 August 2013
Get your servic particulars transferred along with service book to new organisation, so that they can continue your service onwards. You would be entitled to pension only after th age of superannuation or on your own voluntary retirement, as you are not to be treted as retired on redeployment.
Vee kay kapoor
(Querist) 05 September 2013
Dear Shri Dhingraji,
As far as I know, there is no concept of Service Book in Statutory Body of ours. Only personnel files are there. Further, as I stated earlier about Rule 37 of CCS (Pension ) Rules, 1972, which states that 'On the day of the redeployed employees joins the new body where he is redeployed, he will treated to as 'Deemed to be retired'.
when on joining a new body I am treated as deemed to be retired than how I am not entitled to get pension from that date.
Kindly clarify.
Regards.
Guest
(Expert) 05 September 2013
Dear Kapoor,
May not be transfer on deputation, but redeployment is merely a transfer of service on permanent basis to another organisation under the redeployment scheme. In that respect, for better understanding, you are advised to read the provisions "Redeployment of Surplus Staff: Revised Scheme, 1989," with specific reference to the part dealing with "11. Benefits of past srvice after redeployment/ readjustment." For your information, I authored a loss-making booklet on redeployment in 2006, as "Dhingra's compilation of Redeployment of Surplus Staff of Central Government Offices," but I discontinued with all my publications in the years 2006-2007 due to my health conditions. The book was published by "Professional Publishers, Delhi." I don't think, presently in 2013 any copy of the said book may be available with any book store.
So far as service book is concerned, irrespective of whether the new organisation has or not the concept of service book, the particulars of past service needs be transferred to the new organisation even after redeployment for the purpose of counting of the past service for the purpose of retirement benefits.
Sudhir Kumar, Advocate 
(Expert) 05 September 2013
if there is no service book then how pensionable service is calculated.
Are you sure it was Govt-quasi-Govt body?
Sudhir Kumar, Advocate
(Expert) 05 September 2013
whether both these organisations pay pension themselves or are EPFO subscribers.
Vee kay kapoor
(Querist) 06 September 2013
Dear sir,
Both these organisations are established under an act of parliament and comes under MOF, GOI (Both are Statutory Bodies)and older organisation have it's own pension scheme and Younger organisation have superannuation fund for its employees.
Since, both have different ways of giving pension benefits that is why contribution from older pension scheme can not be transferred to superannuation fund of younger organisation.
