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Revision of Pension/ Family Pension of (Pre-01.01.2016) Pensioners

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Clarification in respect of cases of Revision of Pension/ Family Pension of Pre-01.01.2016 Pensioners/ Family Pensioner, where pay structure has been upgraded subsequent to retirement/ death of Ex-Govt. Employee.

Government of West Bengal
Finance Department
Pension Branch

No. 929-F(Pen) Dated, Kolkata, the 12th December, 2023

MEMORANDUM

Subject: Clarification in respect of cases of Revision of Pension/ Family pension of Pre-01.01.2016 Pensioners/ Family Pensioner, where pay structure has been upgraded subsequent to retirement/ death of Ex-Govt. Employee.

A number of references have been received regarding the amount of revised pension/ family pension admissible in terms of para 4.4 of Memo No. 535-F(Pen) dated 01.10.2019 as partially modified vide Memo No. 525-F(Pen) dated 19.07.2022 and whether revised pay structure under the W.B.S. (ROPA) Rules, 2019 for the post last held, as mentioned in Memo No. 525-F(Pen) dated 19.07.2022, by a pensioner would include such revised pay structure which has been upgraded subsequent to retirement/ death of the Ex-Government employee. The references were under consideration of the Government for sometime past.

2. After careful consideration of all aspects of the matter, the Governor is pleased to decide that revised pension payable with effect from 01.01.2020 in respect of pre-01.01.2016 pensioners who fulfilled the condition of the minimum qualifying service for full pension as per normal rules applicable to the pensioners as on the date of their retirement i.e. retired completing 33 years or 20 years of service, as the case may be, shall be the maximum of the following:

(i) pension in terms of para 4.1 of Memo. No. 535-F(Pen) dated 01.10.2019;

(ii) pension @ 50% of the first Cell of the applicable Level in the Pay Matrix of the revised pay structure under ROPA, 2019 corresponding to the pre-revised pay scale/pay structure from which the pensioner had retired;

(iii) pension @ 50% of the first Cell of the applicable Level in the Pay Matrix of the revised pay structure under ROPA, 2019 for the post held by the pensioner at the time of retirement. This benefit is also admissible if the scale of pay/pay structure attached to the post is upgraded subsequent to the date of his retirement.

Pension as calculated above will be reduced pro rata when the pensioner had rendered less than the minimum qualifying period of service for full pension subject to a minimum of Rs. 8500/- per month.

3. The Governor is further pleased to decide that revised family pension payable with effect from 01.01.2020 in respect of pre-01.01.2016 pensioners, at normal rate, shall be the maximum of the following subject to a minimum of Rs. 8,500/- per month:

(i) family pension in terms of para 4.1 of Memo. No. 535-F(Pen), dated 01.10.2019;

(ii) family pension @ 30% of the first Cell of the applicable Level in the Pay Matrix of the revised pay structure under ROPA, 2019 corresponding to the pre-revised pay scale/pay structure from which the pensioner had retired/ died-in-harness;

(iii) family pension @ 30% of the first Cell of the applicable Level in the Pay Matrix of the revised pay structure under ROPA, 2019 for the post held by the pensioner at the time of retirement notwithstanding whether the scale of pay/pay structure attached to the post is upgraded subsequent to the date of his retirement/ died-in-harness.

The existing provision for calculation of Family Pension at enhanced rate for the stipulated period shall continue.

4. Further revision of pension/ family pension shall be admissible if the pay structure attached to the post last held by an ex-government employee is upgraded from a date subsequent to 01.01.2020 with effect from the date of such upgradation.

5. The modality of sanction of revised pension/ family pension as detailed in para 5 of Memo No. 681-F(Pen) dated 23.12.2019 read with SI. No. 16 of Memo. No. 55-F(Pen) dated 21.01.2020 shall continue in the case of revision of pension/ family pension in terms of para 2(ii), 2(iii), 3(ii) and 3(iii) above.

6. A few illustrations are given in the Annexure for better appreciation.

Sd/-
Additional Chief Secretary to the
Govt. of West Bengal

Annexure to Memo. 929-F(Pen) dated 12.12.2023

Illustration 1

(a) A Government employee being eligible for full pension retired from service on superannuation or died-in-harness on 30.04.2003 from the post of Assistant Secretary while drawing Basic Pay of Rs. 10750/- in the Scale of Pay of Rs. 8000-275-13500/- with Higher Initial at Rs. 9100/- under ROPA, 1998 pay structure (corresponding to PB-4 with Grade Pay of Rs. 5640/- under ROPA, 2009). The Scale of Pay attached to the post was upgraded to PB-4A with Grade Pay of Rs. 6600/- under ROPA, 2009 with effect from 01.05.2015 vide Memo No. 860-PAR (Genl.) dated 29.05.2015. Present Pay Level under ROPA, 2019 attached to the said post is Level 17. His pension/ family pension may be revised as per the provisions of this memorandum in the following manner:-

1.Basic Pension w.e.f. 01.05.2003Rs. 5375/-
2.Basic Pension w.e.f. 01.04.2008Rs. 12148/-
3.Basic Pension w.e.f. 01.01.2020 in terms of para 2(i) of this memorandumRs. 12148/- X 2.57 = Rs. 31220/-
4.Basic Pension w.e.f. 01.01.2020 in terms of para 2(ii) of this memorandumRs. 30150/- being 50% of Rs. 60300/- which is the first Cell in the revised applicable Level corresponding to the pre-revised pay scale held by him
5.Basic Pension w.e.f. 01.01.2020 in terms of para 2(iii) of this memorandumRs. 33650/- being 50% of Rs. 67300/- which is the first Cell in the revised applicable Level attached to the post held by him
6.Pension actually payable with effect from 01.01.2020Rs. 33650/- being the maximum among SI. Nos. 3, 4 and 5 above.
7.Similarly family pension actually payable with effect from 01.01.2020Rs. 20190/- being the maximum amount in terms of para 3(i), 3(ii) and 3(iii) of this memorandum

(b) A Government employee after rendering 32 years of service retired from service or died-in-harness on 30.04.2003 from the post of Assistant Secretary while drawing Basic Pay of Rs. 10475/- in the Scale of Pay of Rs. 8000-275-13500/- with Higher Initial at Rs. 9100/- under ROPA, 1998 pay structure (corresponding to PB-4A with Grade Pay of Rs. 5640/- under ROPA, 2009). The Scale of Pay attached to the post was upgraded to PB-4A with Grade Pay of Rs. 6600/- under ROPA, 2009 with effect from 01.05.2015 vide Memo No. 860-PAR (Genl.) dated 29.05.2015. Present Pay Level under ROPA, 2019 attached to the said post is Level 17. His pro-rata pension/ family pension may be revised as per the provisions of this memorandum in the following manner:-

1.Basic Pension w.e.f. 01.05.2003Rs. 5079/-
2.Basic Pension w.e.f. 01.04.2008Rs. 11479/-
3.Basic Pension w.e.f. 01.01.2020 in terms of para 2(i) of this memorandumRs. 11479/- X 2.57 = Rs. 29501/- = 29,510/- (rounded to next 10 rupees)
4.Basic Pension w.e.f. 01.01.2020 in terms of para 2(ii) of this memorandumRs. 29236/- being reduced pro­rata of 50% of Rs.60300/- which is the first Cell in the revised applicable Level corresponding to the pre-revised pay scale held by him
5.Basic Pension w.e.f. 01.01.2020 in terms of para 2(iii) of this memorandumRs. 32630/- being reduced pro­rata of 50% of Rs.67300/- which is the first Cell in the revised applicable Level attached to the post held by him
6.Pension actually payable with effect from 01.01.2020Rs. 32630/- being the maximum among SI. Nos. 3, 4 and 5 above.
7.Similarly family pension actually payable with effect from 01.01.2020Rs. 20,190/- being the maximum amount in terms of para 3(i), 3(ii) and 3(iii) of this memorandum

Illustration 2

A Government employee being eligible for full pension retired from service or died-in-harness on 31.10.2013 from the post of Deputy Secretary while drawing Basic Pay of Rs. 29610/-in the PB-4A of Rs. 15600-42000/- with Grade Pay of Rs. 6600/- under ROPA, 2009 pay structure. The Scale of Pay attached to the post was upgraded to PB-4B with Grade Pay of Rs. 7600/- under ROPA, 2009 with effect from 01.05.2015 vide Memo No. 860-PAR (Genl.) dated 29.05.2015. Present Pay Level under ROPA, 2019 attached to the said post is Level 19. His pension/ family pension may be revised as per the provisions of this memorandum in the following manner:-

1.Basic Pension w.e.f. 01.11.2013Rs. 14805/-
2.Basic Pension w.e.f. 01.01.2020 in terms of para 2(i) of this memorandumRs. 14805/- X 2.57 = Rs. 38049/- = 38,050/- (rounded to next 10 rupees)
3.Basic Pension w.e.f. 01.01.2020 in terms of para 2(ii) of this memorandumRs. 33650/- being 50% of Rs. 67300/- which is the first Cell in the revised applicable Level corresponding to the pre-revised pay structure held by him
4.Basic Pension w.e.f. 01.01.2020 in terms of para 2(iii) of this memorandumRs. 47550/- being 50% of Rs. 95100/- which is the first Cell in the revised applicable Level attached to the post held by him
5.Pension actually payable with effect from 01.01.2020Rs. 47550/- being the maximum among SI. Nos. 2, 3 and 4 above.
6.Similarly family pension actually payable with effect from 01.01.2020Rs. 28530/- being the maximum amount in terms of para 3(i), 3(ii) and 3(iii) of this memorandum

Illustration 3

A Government employee being eligible for full pension retired from service or died-in-harness on 31.12.2004 from the post of Additional Director of Culture while drawing Basic Pay of Rs. 16125/- in scale of pay of Rs. 12000-375-18000/- (Scale No. 18) under ROPA, 1998 (since revised to Level 19 under ROPA, 2019). In terms of Order No. 555-ICA(N) dated 12.02.2021 pay structure of the post has subsequently been upgraded to Level 21 under ROPA, 2019 with effect from 12.02.2021. His pension/ family pension may be revised as per the provisions of this memorandum in the following manner:-

1.Basic Pension w.e.f. 01.01.2005Rs. 8063/-
2.Basic Pension w.e.f. 01.04.2008Rs. 18222/-
3.Basic Pension w.e.f. 01.01.2020 in terms of para 2(i) of this memorandumRs. 18222/- X 2.57 = Rs. 46831/- = 46,840/- (rounded to next 10 rupees)
4.Basic Pension under ROPA, 2019 in terms of para 2(ii) of this memorandum corresponding to Level 19 under ROPA, 2019Rs. 47550/- being 50% of Rs. 95100/- which is the first Cell in the revised applicable Level corresponding to the pre-revised pay structure held by him as well as attached to the post last held by him
5.Basic Pension w.e.f. 12.02.2021 in terms of para 2(iii) of this memorandum due to upgradation of the pay structure attached to the post to Level 21 from Level 19 under ROPA, 2019 with effect from 12.02.2021Rs. 61550/- being 50% of Rs. 123100/- which is the first Cell in the upgraded Level attached to the post held by him
6.Pension actually payable with effect from 01.01.2020 onwardsRs. 47550/- w.e.f. 01.01.2020 and Rs. 61550/- w.e.f. 12.02.2021.
7.Family pension actually payable with effect from 01.01.2020 onwardsRs. 28530/- w.e.f. 01.01.2020 and Rs. 36930/- w.e.f. 12.02.2021.

N.B.- While preparing pension papers for submission to Principal Accountant General (A&E), West Bengal as per Illustrations 1, 2 and 3 above, the Pension Sanctioning Authority concerned has to submit the relevant order of upgradation of scale of pay/ pay structure attached to the post.

Illustration 4

A member of State Constituted Service being eligible for full pension retired from service or died-in-harness on 31.12.2014 from a post carrying PB-4 with Grade Pay of Rs. 7600/- under ROPA, 2009 pay structure (since revised to Level 19 under ROPA, 2019) while enjoying Basic Pay of Rs. 47490/- in higher pay scale of PB-5 with Grade Pay of Rs. 8700/- (since revised toLevel 21 under ROPA, 2019) due to MCAS. His pension/ family pension may be w.e.f. 01.01.2020 as per the provisions of this memorandum in the following manner:-

1.Basic Pension w.e.f. 01.01.2015Rs. 23745/-
2.Basic Pension w.e.f. 01.01.2020 in terms of para 2(i) of this memorandumRs. 23745/- X 2.57 = Rs. 61025/- = 61,030/- (rounded to next 10 rupees)
3.Basic Pension w.e.f. 01.01.2020 in terms of para 2(ii) of this memorandumRs. 61550/- being 50% of Rs. 123100/- which is the first Cell in the revised applicable Level corresponding to the pre-revised pay structure held by him
4.Basic Pension w.e.f. 01.01.2020 in terms of para 2(iii) of this memorandumRs. 47550/- being 50% of Rs. 95100/- which is the first Cell in the revised applicable Level attached to the post held by him
5.Pension actually payable with effect from 01.01.2020Rs. 61550/- being the maximum among SI. Nos. 2, 3 and 4 above.
6.Similarly family pension actually payable with effect from 01.01.2020Rs. 36930/- being the maximum amount in terms of para 3(i), 3(ii) and 3(iii) of this memorandum

N.B.- Revision of pension as per Illustration 4 above shall also be applicable to a government employee other than from State Constituted Service.

No. 929-F dated 12.12.2023, Source