Converting the IDA Pension to CDA Pension
I happened to see a letter (dt 2-8-2019) addressed to DOT Secy by Pensioners' Associations (CBMPA) demanding Pension Revision from 1-1-2016 by notionally converting the IDA Pension to CDA Pension. This letter was sent with annexure justifying the demand, formula for Conversion and with other details. I wish their efforts every success.
They started the case of Justification by quoting Rule 8 of 37 A and taking support of DOPPW clarification dt 27-3-2009. I restrict myself herewith about these two references in the justification. The following is my understanding regarding these two references.
1. Rule 8 of 37 A: This sub rule 8 of CCS PR 37A is a common rule for all those absorbed employees from any Govt department to any PSU on or after 1-10-2000. It is specially meant for absorbed employees on retiring whether getting pension from Govt or from any trust of that PSU.
Moreover it speaks about the same formula as that of CG in fixing pension for the employees retiring on the same date that is for future pensioners not for the existing pensioners who had already availed this rule when he or she retired after 1-10-2000. It is not a recurring rule for those already retired and availed that during the time of his or her retirement. If any changed formula is availed by these future pensioners and their pension is fixed as of that, then the question of modified parity comes for the existing pensioners. So quoting this rule will not justify pension revision before pay revision.
2. DOPPW Desk D lr 27-3-2009:
The subject matter is applicability of 6th CPC on DCRG, Emoluments for Pension, Commutation, and qualifying service to Ex DOT employees absorbed in BSNL
The OM dt 2-9-2008 referred in that was issued only for the benefit of future Pensioners retiring post 2006 not for the existing pensioners ( pre 2006). In the said Desk D letter it was also clarified that the DOPPW OM dt 1-9-2008 issued for Pre pensioners had no relevance.
The next one about annexure V. I shall feel thankful, if someone helps me to understand the steps mentioned.
3. Annexure V Pension Revision for Post 2016 retirees- As the illustration given is for one who retired on 31-5-2019, the following question is arising?
Step 1: Notional Pension to be calculated on 1-1-2016
The question is how can pension either actual or notional be calculated when one is still an employee on 1-1-2016 having retirement date on 31-5-2019.
Suppose an employee retires say in Dec 2025, how can we calculate his pension notionally when he was an employee on 1-1-2016 and having 10 years service to get his pension fixed? His pay may be fixed notionally or actually but how pension when he is an employee in service all along. How can one assume him as pensioner when he is an employee. If he is a pensioner on a particular date then notional or actual revision from a particular date is possible.- even notional scale is possible as per 7th CPC for pension revision.
4. Sub Rule 9 of 37 A is guiding to fix his pension when the absorbed employee is retiring on a particular date. Sub Rule 10 is DR as per IDA pattern.
( Sub Rule (9) The pension of an employee under sub-rule (8) shall be calculated on the basis of his last ten months’ average pay.
Sub Rule (10) In addition to pension or family pension, as the case may be, the employees shall also be eligible to Dearness relief as per industrial dearness allowance pattern.)
The CBMPA letter ends with a note “ of course, this requires an amendment to sub Rule 10 of 37 A”. The point here is both SR 9 or SR 10 are common to all not only specific to BSNL absorbed employees. This also needs clarification from the concerned.
5. DOT in its OM dt 16-3-2017 clarified that there is no change in the formula for pension/FP w.e.f 1-1-2016. BSNL/MTNL absorbee employees will therefore continue to get pension based on the same formula. This OM of DOT was not addressed by the concerned. This OM only made us eligible to 20 L gratuity ceiling for those retired on or after 1-1-2016.. That is applicability to BSNL retirees also from 1-1-16. But it is silent about linking it with the present 2nd PRC IDA, because it needs to be linked only to 3rd PRC IDA.
6. The Guidelines issued on 19-9-2003 speaks about relevant equivalent CDA scale only for fixation of pension(Pension be calculated at 50% of the minimum of that scale) and DR on CDA pattern be granted thereon for the absorbed IDA Retirees quoting 10-12-98 OM issued for Pre 1986 retirees of 5th CPC. This became a problem during the time of 2007 pension revision and DOT failed when the same was attended during 2009. It was clarified that 19-9-2003 was not applicable to BSNL absorbed employees and so we got revised pension on IDA for 2007 pay revision.
The CBMPA works out the conversion factor on the basis of Pension plus DA.
The equivalent scales of CDA (inclusive of GP) as on 1-1-2006 of 6th CPC and IDA as on 1-1-2007 of 2nd PRC is given below
5th CPC 3200 scale 6th CPC CDA 7200-22000 2nd PRC 9020-17430
5th CPC 5000 scale 6th CPC CDA 13500-39000 2nd PRC 13600-25420
5th CPC 6500 scale 6th CPC CDA 13500-39000 2nd PRC 16390-30630
Once again I convey my Wishes to the efforts of all the leaders trying to solve the issue.