Employees' Pension Scheme, 1995

1. DEFINITION
Employee's Pension Scheme is a survivor, old age and disability pension scheme.The earlier Family Pension Scheme, 1971 offered only one type of benefit,mainly..survival benifit i.e. payment of pension to widow/widower on death of the member in service.On the other hand the new scheme caters for three types of contingencies:-
a) Survivor pension : If death occurs during service period
b) Old age Pension : Pension on superannuation.
c) Permanent Disability Pension : In the event of member suffering permanent disability while in service.
2. CHARACTERISTICS
In the Scheme three scales of pensionary benefits have been offered according to the length of service.
2.1 For service below 10 years.
Return of contribution on exit from employment-Table-D
Example : Suppose a member exists from employment after four years of service his wage on exist in Rs. 4000/-.Return of contribution will be calculated as Rs. 4000 X 4.18 of wages on exit i.e. Rs. 16,720/-.
2.2 Service above 10 years but below 20 years.
In the first instance, pension will be calculated by applying the formula
i.e. Pensionable Salary X Pensionable Service
----------------------------------------------------------
                                 70
Say, a member has done 18 years of pensionable service, Pensionable Salary determined is  Rs. 4000/-. Pension payable to him will be Rs. 1029/-
2.3 Service over 20 years.
Full pension according to the formula stated above, it is to be noted here that for rendering 20 years of pensionable service or more, member's pensionable service shall in all cases be increased by adding 2 years. In other words, 20 years actual pensionable service will be treated as 22 years of pensionable service for calculation of pension.
2.4 Special provisions for existing member:
Special provisions have been made for calculation of pension in case of member who was a member of the ceased Family Pension Scheme 1971 and who has attained the age of 48 years on Nov 16 1995 or a member who has attained the age of 48 years but less than 58 years on Nov 16, 1995 or a member who has attained the age of 53 years or more on Nov 16, 1995. In the aforesaid cases the formula for calculating Pension will be as follows:-
2.4.a Member has not attained the age of 48 years on 16/11/1995 :
Pension is determined by the above formula,
i.e. Pensionable Salary X Pensionable Service
----------------------------------------------------------
                                 70
For the period of Pensionable service rendered from Nov 16, 1995 or Rs. 635/- whichever is more plus past service benefits as under :
Sr. No. Year of
past service
*The past service benefit payable on completion of 58 yrs. of age on 16/11/1995
    Salary upto Rs. 2500/- p.m. Salary more than Rs. 2500/- p.m.
  Column (1) Column (2) Column (3)
1 Upto 11 years 80 85
2 More than 11 years but upto 15 years. 95 105
3 More than 15 years 120 135
4 Beyond 20 years 150 170
Subject to a minimum of Rs. 800/- p.m. provided the past service benefit is 24 years. If the member’s  aggregate service is less than 24 years, Pension and the benefits computed as above will be reduced proportionately to a minimum to Rs. 450/p.m .
Example :-
Age as on 16/11/1995 = 38 years.
Pensionable Salary say = Rs. 4000/-
Pensionable Service say = 7 years
Date of Birth = 01/07/1957
Date of Joining = 01/08/1980
Date of Leaving = 31/10/2002
Date of attainment of age 58 years   = 01/07/2015
Past service upto 15/11/1995 = 15 years
Period between 16/11/1995 and 01/07/2015  = 19 years 9 months i.e. 20 years.
Monthly member's Pension = (4000 X 7) / 70
  = 400   i.e. < Rs. 635/-
hence MMP   = Rs. 635/-
Past Service Benefit as per table for 15 years = 105 X 6.414 = 673
Minimum Past Service Benefit Payable = Rs 800/- for 24 years
Actual Monthly member's Pension Payable = Aggregate of Monthly Member's Pension + Past Service Benefit
i.e. 635 + 673  = 1308/-
Aggregate Service = Past Service + Pensionable Service i.e. 22 years i.e.  less than 24 yrs
Proportionate Pension for 22 years = (1308 X 22) / 24 = 1199/-
     
2.4.b.
Member has attained the age of 48 years but less than 53 years on 16/11/95 :
Pension as determined by the above mentioned formula
i.e. Pensionable Salary X Pensionable Service
----------------------------------------------------------
                                 70
for the period of service rendered from 16/11/1995 or rs. 438/- p.m. whichever is more plus past service as laid down in para 12(3) subject to a minimum of Rs. 600/- p.m. in case the past service is 24 years. If it is less than 24 years, pension payable and the past service benefit taken together shall be proportionately less subject to minimum of Rs 325/- p.m.
Example :-
Age as on 16/11/1995 = 50 years
Pensionable Salary say = Rs. 4000/-
Pensionable Service say = 7 years
Date of Birth = 30/11/1945
Date of Joining = 01/07/1975
Date of Leaving = 1/12/2002
Past Service (FPF) = 20 years
Date of attainment of 58 years = 30/11/2003
Period between 16/11/1995 and 30/11/2003 = 8 years
Monthly Member's Pension = (4000 X 7) / 70
  = 400
Minimum Pension Payable = Rs. 438/-       Hence MMP = Rs. 438/-
Past Service Benefit:    
Past Service benefit for 20 years as per table  = 170 X 2.248 = 382
Minimum Past Service Benefit Payable = Rs. 600/- for 24 years
Proportionate Minimum Past Service Benefit for 20 yrs. = (600 X 20)/24=Rs  500
Since Actual Past Service Benefit is less than Proportionate Minimum Past Service Benefit

Past Service Benefit
= Rs. 500/-
Actual Monthly Member's Pension Payable = (Aggregate of Monthly Member's Pension) + (Past Service Benefit)
=438 + 500 =   938/-
Since Total Service is more than 24 years
hence Monthly Member's Pension Payable
= Rs. 938/-
     
2.4.c
Member has attained the age of 53 years or more on 16/11/95: Pension as determined by the above formula
i.e. Pensionable Salary X Pensionable Service
----------------------------------------------------------
                                 70
for the period of service rendered from from 16/11/95 till the date of  exit
OR
Rs. 335/- p.m. whichever is more plus past service benefit as  provided in para 12(3) subject to minimum of Rs. 500/- p.m. (both  together) in case past service period is 24 years, if it is less than 4  years, pension payable and past service benefit shall be  proportionately lesser subject to a minimum of Rs. 265/- p.m.
Example :-
Age on 16/11/1995 = 55 years
Date of Birth = 01/08/1940
Pensionable Salary  = Rs. 4,000/-
Date of Joining = 1/03/1971
Date of Leaving = 31/07/1998
Pensionable Service = 2 years, 9 months = 3 years
Past Service(FPF) = 24 years
Date of attainment of 58 years = 31/07/1998
Period bet 16/11/1995 and 31/07/1998 = 2 years, 9 months
Monthly Member's Pension = (4000 X 3) / 70 
  = 171.42
  = 171/-
Since Minimum Pension Payable = Rs. 335/- is more than actual pension calculated,
The monthly Member's Pension = Rs. 335/- p.m.
Past Service Benefit :    
Past Service Benefit for 24 years as per Table = 170 X 1.269=215.73 i.e.  216/-
Since Minimum Past Service Benefit Payable for 24 years Service = Rs.500/-
The Past Service Benefit = Rs 500/-
Actual Monthly Member's Pension Payable = Aggregate of Monthly Member's Pension+Past Service   
Benefit = 335 + 5 00 = 835/-
Aggregate Service more than 24 years
Hence Member's Pension
= 835/-
3. EARLY PENSION ON CESSATION OF EMPLOYMENT
Old age pension on account of superannuation/retirement is  normally payable on attaining the age of 58 yrs. However member  can opt for taking earlier than 58 yrs on his exit from employment  but under no circumstances pension will be payable before the age  of 50 yrs.
A member who desires to draw monthly pension from a date earlier  than 58 yrs of age will be allowed to draw a reduced monthly  pension.the amount of pension in such a case shall be reduced  @3% upto 25/09/2008 and @4% w.e.f 26/09/2008 for every year the age falls short of 58 years.
 
4. SCHEME CERTIFICATE
There are occasions when a member may leave employment and/or may move from a covered establishment to an uncovered  establishment before he reaches the date of perannuations,he may  opt for a scheme certificate.The certificate will indicate his  pensionable salary and the amount of pension due on the date of  exit from employment. If the member is subsequently employed in a  covered establishment,his pensionable service in the scheme  certificate will be taken into account for working out his full  pensionable service.
5. WIDOW PENSION
5.1) Widow pension is of three categories:-
1. Death of the member during service
2. Death of member after commencement of monthly  member's pension 
3. Death of the member after leaving service but before  attaining the age of 58 yrs. 
5.2)  Widow pension on death of the member during the service is equal to monthly member’s pension.

Widow pension is calculated on the principal as if the member had retired on the date of death.

5.3) The essential conditions for grant of widow pension are as follows:
5.3.a.) The death of member occured while in service.
5.3.b.) The member has contributed atleast one month's contribution.
5.3.c.) The member has not attained the age of 58 yrs.
5.3.d.) The death of the member had taken place before the commencement of monthly member's pension.

Example 1:

Mr. X, a worker in an establishment, became member of the Employees’ Pension Scheme on 2nd Jan. 1996. He died in Feb. 1996 after a short illness. His wages at the time of death was Rs. 1500/- p.m. He left behind his widow aged 22 yrs. and a child aged 1 year. What will be the widow pension in this case?

It is confirmed that pension contribution for Mr. X, was paid by the employer for the month of  Jan 1996.

Widow pension entitlement.

                        Pensionable service                   : One month
Pensionable salary                     : Rs. 1500/-

Either
 (i)              Pension according to the formula  :

    

Pensionable Salary X Pensionable Service    1/12   X  1500  
---------------------------------------------------------- eg ------------------------ = Rs. 1.78
                               70   70  
                          Or

 (ii) Minimum Pension payable as per para 16 (2) (a) (i) of the scheme - Rs. 450/- p.m.
                                    Or
             (iii)  The amount indicated in table `C' - Rs.718/- per month - whichever is more.
                      Since (iii) is more than (i) & (ii), Widow pension will be fixed at Rs.718/- per month for life  
                                                              or
                      remarriage of the widow, whichever is earlier.

  1. For the child, 25% of the widow pension will be granted as monthly pension i.e. 25% of Rs.718  = Rs.179.50 or Rs.180/- p.m., till 25 years of age.

 

Example 2 : Mr. `Y' joined Employees Pension Scheme in January 1972. He died while in service, say, on 30 March 1998. He was drawing a salary of Rs.2,500/- p.m. from January'97 till death. He had attained the age of 48 years at the time of his death. He left behind the widow, two sons - one aged 16 years, one 7 years and one daughter aged 20 years. What would be the widow pension and children pension, payable?

(I) Mr. `Y' had done 26 years. 3 months of pensionable service at the time of his death. In calculation of eligible service for pension, fraction of three months will be ignored as per explanation to para 9(a) of the Scheme and thus eligible service will be taken as 26 years only. The average 12 months' salary at the time of his death was Rs.2,500/-. Hence member's monthly pension will be :

Either                        Pensionable Service  X  Pensionable Salary
                                                                70
     i.e.     (I)     26 x 2500    = Rs.928.57 or Rs.929/- p.m.
                           70
Or          (ii)  In terms of para 16(2)(a)(ii) - Rs.250/- p.m.

Or          (iii) Table `C' - Rs.1087 - Whichever is more.

The amount at (iii) being more than (i) or (ii), the widow pension payable will be Rs.1087/- for life or remarriage of the widow, whichever is earlier.

5.4. CHILDREN PENSION
1)  The member left behind three children one daughter aged 20 years, one son aged 16 years and the other son aged 7 years.To start with, only the elder two, the daughter and the elder son will  get pension. 
The daughter will get pension for 5 years by which time she will  be 25 years of age after 5 years of the vesting pension. After the daughter ceases to be the beneficiary, the youngest child, then  aged 12 years, will start receiving pension till the age of 25  years.
2)  The amount of children pension will be at the rate of 25% of the widow pension for each of the two children, viz. 25% +25% of Rs.1087 or Rs.272+Rs.272 for two children.
 
6. WIDOW PENSION AFTER COMMENCEMENT OF MONTHLY PENSION :

6.1  In case of death of the member after vesting of pension, the amount of widow pension payable is         @ 50% of the monthly member's pension subject to a minimum of Rs.250/- p.m. for example,
Mr.`Z', a pensioner, dies at the age of 66 years leaving behind his widow aged 62 years.

Mr.`Z' drawing pension @ Rs.1000/- p.m. The widow pension in this case will be Rs.500/- p.m.

6.2  In case the member leaves behind any child less than 25 years of age, children pension is payable for each equal to 25% of the widow pension subject to a minimum of Rs.115/- p.m.

7. ORPHAN PENSION
7.1) Commencement of Orphan Pension
 

Where a child is already motherless at the time of his father’s demise- the Orphan pension is due from the very beginning, that is, from the following day of his father’s death.

Where child’s mother expires later on (ie. during the course of payability of Children pension) – the Children pension will get converted into Orphan pension, from the following day of his mother’s demise
7.2) Pension amount of Orphan pension
a. Rate of Pension:It is 75% of theamount of Widow's pension.
b. Minimum pension amount  : Rs. 250/- p.m.
8. NOMINEE PENSION
8.1) Situations in which pension could become due to  employee's nominee :
a.
The employee was a bachelor -implying that there  existed neither his widow nor any child to have pension after his death,or 
b.
The employee was either a childless widower ,or his all children were of age above 25 years ,and thereby,there being none in  his family to be eligible ,to have the pension after his death.
 
9. COMMUTATION OF PENSION: (Benefit withdrawn w.e.f.01.07.2008)

10. OPTION FOR RETURN OF CAPITAL : (Benefit withdrawn w.e.f.01.07.2008)

 
Table A
(WITHDRAWAL BENEFIT)
(See Paragraph 14)
No of full years'
contribution paid
Proportion of pay
payable at cessation of membership
No. of full years' contribution paid Proportion of pay payable at cessation of membership
1    0.20        21 5.21
2 0.41 22 5.52
3 0.62 23 5.83
4 0.84 24 6.14
5 1.06 25 6.46
6 1.29 26 6.79
7 1.51 27 7.12
8 1.75 28 7.46
9 1.98 29 7.81
10 2.23 30 8.16
11 2.47 31 8.52
12 2.72 32 8.89
13 2.98 33 9.26
14 3.24 34 9.64
15 3.51 35 10.33
16 3.78 36 10.43
17 4.05 37 10.83
18 4.34 38 11.24
19 4.62 39 11.66
20 4.92 40 12.08
 
Table B
(See Paragraph 14)
FACTOR FOR COMPUTATION OF PAST SERVICE BENEFIT UNDER THE CEASED FAMILY PENSION SCHEME FOR EXISTING MEMBERS ON EXIT FROM THE EMPLOYMENT
Years Factor

Years

Factor

(1) (2)

(1)

(2)

Less than  1

1.039

Less than 18

3.845

Less than  2

1.122

Less than 19

4.152

Less than  3

1.212

Less than 20

4.485

Less than  4

1.309

Less than 21

4.843

Less than  5

1.413

Less than 22

5.231

Less than  6

1.526

Less than 23

5.649

Less than  7

1.649

Less than 24

6.101

Less than  8

1.781

Less than 25

6.589

Less than  9

1.923

Less than 26

7.117

Less than 10

2.077

Less than 27

7.686

Less than 11

2.243

Less than 28

8.301

Less than 12

2.423

Less than 29

8.965

Less than 13

2.616

Less than 30

9.682

Less than 14

2.826

Less than 31

10.457

Less than 15

3.052

Less than 32

11.294

Less than 16

3.296

Less than 33

12.197

Less than 17

3.560

Less than 34

13.173

 

Table C

EQUIVALENT WIDOW PENSION
(See Paragraph 16)

Salary at day of death not more than Equivalent
widow pension
Salary at day of death not more than Equivalent
widow pension
Salary at day of death not more than Equivalent
widow pension
Salary at day of death not more than Equivalent
widow pension
(1) (2) (1) (2) (1) (2) (1) (2)
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
 Upto 300 250 1900 862 3500 1481 5100 1911
350 327 1950 880 3550 1501 5150 1916
400 343 2000 898 3600 1521 5200 1921
450 359 2050 916 3650 1541 5250 1926
500 375 2100 935 3700 1561 5300 1931
550 391 2150 954 3750 1581 5350 1936
600 408 2200 973 3800 1601 5400 1941
650 425 2250 992 3850 1621 5450 1946
700 442 2300 1011 3900 1641 5500 1951
750 459 2350 1030 3950 1661 5550 1956
800 476 2400 1049 4000 1681 5600 1961
850 493 2450 1068 4050 1701 5650 1966
900 510 2500 1087 4100 1721 5700 1971
950 527 2550 1106 4150 1741 5750 1976
1000 544 2600 1125 4200 1751 5800 1981
1050 561 2650 1144 4250 1761 5850 1986
1100 578 2700 1163 4300 1771 5900 1991
1150 595 2750 1182 4350 1781 5950 1996
1200 612 2800 1201 4400 1791 6000 2001
1250 629 2850 1221 4450 1801 6050 2006
1300 646 2900 1241 4500 1811 6100 2011
1350 664 2950 1261 4550 1821 6150 2016
1400 682 3000 1281 4600 1831 6200 2021
1450 700 3050 1301 4650 1841 6250 2026
1500 718 3100 1321 4700 1851 6300 2031
1550 736 3150 1341 4750 1861 6350 2036
1600 754 3200 1361 4800 1871 6400 2041
1650 772 3250 1381 4850 1881 6450 1946
1700 797 3300 1401 4900 1891 6500 2051
1750 808 3350 1421 4950 1896    
1800 826 3400 1441 5000 1901    
1850 844 3450 1461 5050 1906    
RETURN OF CONTRIBUTION ON EXIT FROM THE EMPLOYMENT
Table – D
Year of service Proportion of wages at exit Year of service Proportion of  wages at exit
1 1.02 6 6.07
2 1.99 7 7.13
3 2.98 8 8.22
4 3.99 9 9.33
5 5.02