Pension: RBE No.146/2008 – Pre-2006 Pensioners

No.F(E)III/2008/PN1/12, dated 08.10.2008

PC-VI – 29

Sub: Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission –Revision of pension of pre-2006 pensioners/family pensioners etc.

1. In continuation of Board’s letter of even number dated 08.09.2008 (RBE No. 105/2008), advising the Zonal Railways, etc., to comply with the instructions contained in paras 11 and 12 of OM No.F.No.38/37/2008-P&PW(A), dated 1st September, 2008 issued by the Department of Pension & Pensioners’ Welfare (DOP&PW) in implementation of Government’s decision on the recommendation of the Sixth Central Pay Commission for revision of pension of pre-2006 pensioners/ family pensioners, etc., certain clarifications/ modifications in regard to various provisions of the aforesaid OM dated 1st September, 2008, issued vide DOP&PW’s OM No.38/37/08-P&PW(A)Pt.I, dated 3rd October, 2008, are circulated for information and necessary action.

2. Please acknowledge receipt.

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners’ Welfare

OM No.38/37/08-P&PW(A) Pt.I, dated 3rd October, 2008

OFFICE MEMORANDUM

Sub: Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission –Revision of pension of pre-2006 pensioners/ family pensioners etc.

1. The undersigned is directed to say that in pursuance of Government’s decision on the recommendations of Sixth Central Pay Commission, sanction of the President was accorded to the regulation, with effect from 01.01.2006, of pension/ family pension of all the pre-2006 pensioners/ family pensioners in the manner indicated in this Department’s OM No.38/37/08-P&PW(A), dated 01.09.2008. A number of references are being received in this Department seeking clarifications in regard to various provisions of the aforesaid OM. The matter has been considered in consultation with the Ministry of Finance, Department of Expenditure and the following clarifications/ modifications are made in regard to the aforesaid OM dated 01.09.2008:-

Provision in the OM No.38/37/08-P&PW(A), dated 01.09.2008

Clarification/ modification

3.1 In these orders:

(a) Existing pensioner or Existing family pensioner means a pensioner who was drawing/ entitled to pension/ family pension on 31.12.2005.

The ‘existing pensioner or family pensioner‘ would include a pensioner/ family pensioner who became entitled to pension/ family pension w.e.f. 01.01.2006 consequent on retirement/ death of Government Servant on 31.12.2005.

(b) Existing pension means the basic pension inclusive of commuted portion, if any, due on 31.12.2005. It covers all classes of pension under the CCS (Pension) Rules, 1972 as also Disability Pension under the CCS (Extraordinary Pension) Rules and the corresponding rules applicable to Railway employees and Member of All India Services.

Similarly ‘existing pension or existing family pension’ would include a pension/ family pension which became due w.e.f. 01.01.2006 consequent on retirement/ death of Government Servant on 31.12.2005.

(c) Existing family pension means the basic family pension drawn on 31.12.2005 under the CCS (Pension) Rules and the corresponding rules applicable to Railway employees and Members of All India Services.

4.2 The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.

The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum of the pay in the pay band (irrespective of pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale. For example, if a pensioner had retired in the pre-revised scale of pay of Rs.18400-22400, the corresponding pay band being Rs.37400-67000 and the corresponding grade pay being Rs.10000 p.m., his minimum guaranteed pension would be 50% of Rs.37400 + Rs.10000 (i.e. Rs.23700). A statement indicating the minimum pension corresponding to each of the pre-2006 scales of pay is enclosed at Annexure.

The pension will be reduced pro-rata, where the pensioner had less than the maximum required service for full pension as per rule 49 of the CCS (Pension) Rules, 1972 as applicable on 01.01.2006 and in no case it will be less than Rs.3500 p.m.

In case the pension consolidated as per para 4.1. of OM No.38/37/08-P&PW(A), dated 01.09.2008 is higher than the pension calculated in the manner indicated above, the same (higher consolidated pension) will be treated as Basic Pension.

The fixation of family pension will be subject to the provision that the revised family pension, in no case, shall be lower than thirty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale in which the pensioner/ deceased Government servant had last worked. In case the family pension consolidated as per para 4.1 of OM No.38/37/08-P&PW(A), dated 01.09.2008 is higher than the family pension calculated in the manner indicated above, the same (higher consolidated family pension) will  be treated as Basic family Pension.

4.5 The quantum of family pension available to the old pensioners/ family pensioners shall be increased as follows:-

(i) The additional quantum of pension/ family pension, on attaining the age of 80 years and above, would be admissible from the 1st day of the month in which his date of birth falls. For example, if a pensioner/ family pensioner completes age of 80 years on any date in the month of August, 2008 he will be entitled to additional pension/ family pension w.e.f. 01.08.2008. Those pensioners/ family pensioners, whose date of birth is 1st August, will also be entitled to additional pension/ family pension w.e.f. 01.08.2008 on attaining the age of 80 years and above.

(ii) Dearness Relief will also be admissible on the additional quantum of pension available to the old pensioners, in accordance with the orders issued from time to time.

Age of pensioner/ Family pensioner

Additional quantum of pension

From 80 years to Less than 85 years

20% of revised basic pension/ family pension

From 85 years to Less than 90 years

30% of revised basic pension/ family pension

From 90 years to Less than 95 years

40% of revised basic pension/ family pension

From 95 years to Less than 100 years

50% of revised basic pension/ family pension

100 years or more

100 % of the revised basic pension/ family pension

4.6 Some of the existing pensioners who retired between 31.03.1985 and 31.12.1985 are in receipt of personal pension. The said personal pension will continue to be granted as a separate element and will not be merged into the pension as consolidated above.

Personal pension was discontinued vide Department of Pension and PW OM No.45/86/97-P&PW(A)(Pt.IV), dated 21.09.2000. Therefore, this para may be treated as deleted.

5.1 Where the consolidated pension/ family pension in terms of paragraph 4 above works out to an amount less than Rs.3500 the same shall be stepped up to Rs.3500. This will be regarded as pension/ family pension with effect from 01.01.2006. In the case of pensioners who are in receipt of more than one pension, the floor ceiling of Rs.3500 will apply to the total of all pensions taken together.

It was clarified in Department of Pension & PW  OM No.38/38/02-P&PW(A)(Pt.IV), dated 23.04.2003 that in respect of civil and military pension, the floor ceiling taking the two pensions together will not apply and the individual pensions will be governed by respective pension rules. These instructions would continue to apply in the context of revised floor ceiling of Rs.3500 p.m. Accordingly, the floor ceiling of Rs.3500 will apply individually to the civil and military pension.

In case a person is in receipt of pension as well as family pension, the floor ceiling of Rs.3500 will apply individually to such pension and family pension.

(Para 5.1 will stand modified to this extent).

5.2 Where the disability pension under the CCS(EOP) Rules, is drawn in addition to invalid pension under the CCS (Pension) Rules, 1972, the minimum limit of Rs.3500 will apply to total of two pensions as indicated in paragraph 5.1. Where the disability pension is drawn in isolation, the minimum limit of Rs.3500 will apply for 100% disability. For lesser degree of disability the minimum limit will be proportionately less.

It was clarified in Department of Pension & PW’s OM No.45/86/87-P&PW(A), dated 07.08.2001 that the element of disability pension and invalid pension may be treated as distinct pensions. The invalid pension may continue to be regulated as per the CCS (Pension) Rules subject to certain minimum amount* and the extraordinary disability pension may continue to be treated as a separate element and this should be fixed as per the degree of disability. This will be subject to the further condition that the amount of disability pension and invalid pension should in no case exceed the last pay drawn. These instructions would continue to apply in the context of revised minimum pension of Rs.3500 p.m. Para 5.2 will stand modified to this extent.

(*certain minimum amount refers to the amount calculated as per the provisions of Rule 49(2)(c) of CCS(Pension) Rules, 1972)

6. The employed/ re-employed pensioners/ family pensioners are not getting dearness relief on pension at present under the extant orders. In their case the notional dearness relief which would have been admissible to them but for their employment/ re-employment will be taken into account for consolidation of their pension in terms of paragraph 4.1 above as if they were drawing the dearness relief. Their pay will be re-fixed w.e.f. 01.01.2006 with reference to consolidated pension becoming admissible to them. Dearness relief beyond 01.01.2006 will, however, not be admissible to them during the period of employment/ re-employment.

Instructions were issued vide Department of Pension & PW OM No.45/73/97-P&PW(G), dated 02.07.1999 for regulation of dearness relief when pay on re-employment is fixed at the minimum ignoring the full pension and also for regulation of dearness relief of employed family pensioners. These instructions would continue to apply in the context of revised pension on implementation of the recommendations of the Sixth Central Pay Commission. Para 6 will stand modified to this extent.

2.     It is impressed upon all the Ministries/ Departments of the Government of India to keep in view the above clarifications while disposing of the cases of revision of pension/ family pension. They are also advised to dispose the representations received by them from pensioners on the above issues without referring them to this Department.

3.     This issues with the concurrence of Ministry of Finance (Department of Expenditure) vide their I.C. U.O. No.4.2/23/2008-IC, dated 30.09.2008.

ANNEXURE

Revised Pension based on revised Pay Bands and Grade Pays for posts carrying present scales in Group ‘A’, ‘B’, ‘C’ & ‘D’ as per Sixth Central Pay Commission based on the first Schedule part-A Section I (Rule 3 & 4) of the CCS (Revised Pay) Rules, 2008

Sl. No.

Post/ Grade

5th CPC Scale

Name of Pay Band/ Scale

Corresponding 6th CPC Pay Bands/ Scales

Corresponding Grade Pay

Pension* 

=50% of sum of min. of PB+GP/ scales

Family Pension**

=30% of sum of min. of PB +GP/ scales

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1

S-1

2550-55-2660-60-3200

-1S

4440-7440

1300

3500

3500

2

S-2

2610-60-3150-65-3540

-1S

4440-7440

1400

3500

3500

3

S-2A

2610-60-2910-65-3300-70-4000

-1S

4440-7440

1600

3500

3500

4

S-3

2650-65-3300-70-4000

-1S

4440-7440

1650

3500

3500

5

S-4

2750-70-3800-75-4400

PB-1

5200-20200

1800

3500

3500

6

S-5

3050-75-3950-80-4590

PB-1

5200-20200

1900

3500

3500

7

S-6

3200-85-4900

PB-1

5200-20200

2000

3600

3500

8

S-7

4000-100-6000

PB-1

5200-20200

2400

3800

3500

9

S-8

4500-125-7000

PB-1

5200-20200

2800

4000

3500

10

S-9

5000-150-8000

PB-2

9300-34800

4200

6750

4050

11

S-10

5500-175-9000

PB-2

9300-34800

4200

6750

4050

12

S-11

6500-200-6900

PB-2

9300-34800

4200

6750

4050

13

S-12

6500-200-10500

PB-2

9300-34800

4200

6750

4050

14

S-13

7450-225-11500

PB-2

9300-34800

4600

6950

4170

15

S-14

7500-250-12000

PB-2

9300-34800

4800

7050

4230

16

S-15

8000-275-13500

PB-2

9300-34800

5400

7350

4410

17

New Scale

8000-275-13500

(Group A Entry)

PB-3

15600-39100

5400

10500

6300

18

S-16

9000

PB-3

15600-39100

5400

10500

6300

19

S-17

9000-275-9550

PB-3

15600-39100

5400

10500

6300

20

S-18

10325-325-10975

PB-3

15600-39100

6600

11100

6660

21

S-19

10000-325-15200

PB-3

15600-39100

6600

11100

6660

22

S-20

10650-325-15850

PB-3

15600-39100

6600

11100

6660

23

S-21

12000-375-16500

PB-3

15600-39100

7600

11600

6960

24

S-22

12750-375-16500

PB-3

15600-39100

7600

11600

6960

25

S-23

12000-375-18000

PB-3

15600-39100

7600

11600

6960

26

S-24

14300-400-18300

PB-4

37400-67000

8700

23050

13830

27

S-25

15100-400-18300

PB-4

37400-67000

8700

23050

13830

28

S-26

16400-450-20000

PB-4

37400-67000

8900

23150

13890

29

S-27

16400-450-20900

PB-4

37400-67000

8900

23150

13890

30

S-28

14300-450-22400

PB-4

37400-67000

10000

23700

14220

31

S-29

18400-500-22400

PB-4

37400-67000

10000

23700

14220

32

S-30

22400-525-24500

PB-4

37400-67000

12000

24700

14820

33

S-31

22400-600-26000

HAG+ Scale

75500-80000

Nil

37750

22650

34

S-32

24050-650-26000

HAG+ Scale

75500- 80000

Nil

37750

22650

35

S-33

26000 (Fixed)

Apex Scale

80000 (Fixed)

Nil

40000

24000

36

S-34

30000 (Fixed)

Cab. Sec.

90000 [Fixed]

Nil

45000

27000

*Note 1: As per Para 4.2 of OM No.38/37/08-P&PW(A), dated 01.09.2008, the revised pension of those who retired after completing maximum required qualifying service (i.e. 33 years) before 01.01.2006 cannot be less than the pension indicated in column 7 above (i.e. 50% of the sum of Minimum of Pay Band and Grade Pay/ scale corresponding to the scale of pay the pensioners held at the time of their retirement). The pension in Col.7 above will be reduced pro-rata, where the pensioner had less than the maximum required qualifying service (i.e. 33 years) for full pension as per Rule 49 of the CCS (Pension) Rules, 1972 as applicable on 01.01.2006 and in no case it will be less than Rs.3500 p.m. In case, the pension consolidated as per Para 4.1 of above OM is higher than the pension calculated in the manner above, the same (higher pension) will be treated as Basic pension.

**Note 2: The revised family pension in respect of those pensioners who retired before 01.01.2006 and the Government servants who died before 01.01.2006 cannot be less than the pension indicated in column 8 above (i.e. 30% of the sum of Minimum of Pay Band and Grade pay/ scale corresponding to the scale of pay the pensioner held at the time of their retirement). In case, the family pension consolidated as per Para 4.1 of above OM is higher than the family pension indicated in column 8 above, the same (higher family pension) will be treated as Basic family pension.

Download Railway Board Circular RBE No. 146/2008

Forward reference ⇒ RBE No.33/2009, RBE No.132/2009, RBE No.146/2009, RBE No.154/2009, RBE No.120/2011, RBE No.35/2016, RBE No.76/2022,

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