West Bengal State-aided Universities (Death-cum-Retirement Benefit) Scheme, 1999
Published in Higher Education. Tags: Family Pension, Pension.
Government of West Bengal
Higher Education Department
University Education Branch
Bikash Bhavan, Bidhan Nagar, Calcutta-91
No. 85-Edn(U)/1U-26/99 Dated, Calcutta, the 31st January, 2000.
1. The question relating to the revision of West Bengal State-aided Universities (Death-cum-Retirement Benefit) Scheme, 1986 with subsequent amendments made thereto (hereinafter called as “Old Scheme”) for the employees (teachers, officers and non-teaching staffs) of the State-aided Universities namely (i) Calcutta University, (ii) Jadavpur University, (iii) Burdwan University, (iv) North Bengal University, (v) Kalyani University, (vi) Rabindra Bharati University, (vii) Vidyasagar University, (viii) Netaji Subhas Open University, (ix) Bengal Engineering College (Deemed University), (x) Bidhan Chandra Krishi Viswavidyalaya, (xi) West Bengal University of Animal and Fishery Sciences is under consideration of the State Government for some time past. The Pay Committee constituted for the non-teaching employees of the State-aided Universities and certain other bodies also made certain recommendations in regard to retirement benefits of the non-teaching employees.
2. After careful consideration of the recommendations made by the Pay Committee, the Governor has been pleased to approve the benefits in respect of employees (teachers, officers and non-teaching staff) of the State-aided Universities as described in the Annexures in replacement of the provisions as contained in the old scheme issued in terms of G.O. No. 128-Edn(U) dated 27-12-91 and subsequent orders issued in this regard from time to time.
3. The retirement benefits at the rates and on the terms and conditions as described in the Annexures shall be applicable to the whole-time employees (teachers, officers and nonteaching staff) of the State-aided Universities subject to the following conditions :-
i) Employees recruited after the issue of these rules shall automatically come under the new rules as provided in the scheme.
ii) The existing employees (teachers, officers and non-teaching staff) who are in service on the date immediately before issue of this memorandum may exercise option to come under the new scheme, details of which are incorporated in the Annexures. Those who will not opt to come under the new scheme will continue to avail themselves of the benefits as provided in the “old scheme” with amendments as stated in G.O. No. 84-Edn(U) dated 31-01-2000 (“modified old scheme”).
iii) Person willing to come under the new scheme shall apply to the University Authority in writing (Annexure-II).
iv) The existing employees shall be required to opt within 180 days from the date of issue of this memorandum and the option exercised once shall be treated as final. In case of employees who may be on leave or suspension on the date of issue of this memorandum, the time limit of 180 days will count from the date of their return from leave or reinstatement after withdrawal of suspension.
v) Employees retired from the service prior to 01-05-1999 will not get the benefit of this scheme.
vi) Employees joining on or after the issue of this memorandum shall declare before joining that he/she is willing to have the amount lying in his/her Provident Fund lodged with the Director of Pension, Provident Fund and Group Insurance, Department of Finance, Government of West Bengal. The University Authority will obtain this declaration before an employee is allowed to join. (Annexure-III).
4. Some employees (teachers, officers and non-teaching employees) who might have retired and have already drawn the employer’s share of contribution together with interest accrued thereon and hence may be unable to refund the same in cash if they opt for the benefit of new scheme as incorporated in the Annexure. In order to enable them to avail themselves of the pensionary benefits under the new scheme as noted in the annexures, the employer’s share of contribution together with interest accrued thereon should be refunded to the State Government with interest at the rate to be prescribed by the State Government on the amount actually drawn, Calculated from the date of drawal of the said amount to the date of refund/ adjustment and the said amount should be adjusted against the of enhanced gratuity as would be admissible. If there is some amount still remaining due to the State Government, it should be adjusted against the amount of arrears of pension which may be paid to such employees. If even after such adjustment the concerned pensioner, is required to refund the balance amount to the State Government the same shall be refunded within one month from the first date of fixation of revised pension under the new scheme. The University Authority will, however, ensure that employer’s share of contribution with upto date interest are recovered from the C.P.F. or collected from the concerned employee either through refund or adjustment before benefit under the new scheme as provided in the Annexures is actually paid to the employee concerned. The total contribution with upto date interest will count from the date on which the employee’s share of contribution was first credited to the C.P.F of the employee concerned to the date on which the recovered amount is deposited to the State Government. This stipulation is irrespective of what has been stated elsewhere in this paragraph.
5. (i) Persons who were in service on 01-05-1999 and thereafter but before the issue of the scheme and will opt for the benefit of the new scheme as incorporated in the annexures shall apply in writing to the Registrar of the University declaring at the same time that he/she is willing to refund to the State Government the employer’s share of contribution with interest accrued thereon for the period upto the date of deposit of the amount credited in his/her Contributory Provident Fund Account and that his/her share contribution with interest accrued thereon transferred to the General Provident Fund Account maintained by the Director of Pension, Provident Fund and Group Insurance, Finance Department, Government of West Bengal. The State Government will issue suitable instruction indicating the head of account and other guidelines in this respect in due course. The University Authority will take necessary steps for depositing the employer’s share of contribution with interest to the State Government Fund and employee’s share with interest to his/her newly opened General Provident Fund Account. The University Authority will intimate to the Government after depositing and transferring the amount in the format as annexed (Annexure-VI).
(ii) The amount of employer’s share of contribution together with interest as will be refunded to the State Government will be recorded in the Service Book of the employee with proper attestation.
6. The employee who were in service and retired or died between the period from 01-05-1999 and the date of issue of this scheme may exercise option to come under the new scheme incorporated in the annexures. For obtaining such option form as indicated at Annexure-II. If no such option is exercised within 180 days from the date of issue of this memorandum it will be presumed that such employee will continue to avail themselves of the existing benefits as provided in the “old scheme” with amendments as indicated in G.O. No. 84-Edn(U) dated 31-01-2000 (“modified old scheme”).
7. The arrears of pension for the period from 01-05-1999 and before the publication of these rules shall be paid in cash.
8. Concerned University will make necessary amendments in their Statutes/Ordinance/Rules etc. where necessary for incorporation of the provisions of the Government order therein.
Provided that all other conditions regarding pension, provident fund, gratuity etc. which may be in vogue in the rules of the concerned university shall, however, continue in so far as they are not inconsistent with the provisions made in this scheme.
9. Bidhan Chandra Krishi Viswavidyalaya and West Bengal University of Animal and Fishery Sciences may consider implementation of the provisions of the scheme as annexed after obtaining approval of the Agriculture Department and Animal Resource Development Department of this Government as the case may be.
10. Admissibility and determination of all kinds of retirement benefits as indicated in the West Bengal Universities (Death-cum-Retirement Benefit) Scheme, 1999 will be made by the Director of Pension, Provident Fund and Group Insurance of the Finance Department, Government of West Bengal subject to the condition that the university may determine such pension and other benefits on a provisional basis and make payment to the concerned employee before the Director of Pension, Provident Fun & Group Insurances actually determines that entitlement. However, it shall be obligatory on the part of the University and the pensioner/ family pensioner concerned to accept entitlement as will be determined by the Director of Pension, Provident Fund and Group Insurance. Suitable undertaking will be taken by the University from the concerned employee/pensioner/family pensioner before allowing such provisional pension etc.
11. Any difficulty which may arise in implementing the provisions of this order may be referred to the State Government for clarification and/or order.
12. This order issues with the concurrence of the Finance Department vide their U.O No. 950-F(Pen) dated 28-12-99.
13. The Accountant General, West Bengal, is being informed.
Sd/- S. Bhattacharyya,
No. 85-Edn dated 31.01.2000 (Page-285)