COAL MINES PENSION SCHEME 1998 Excerpts
COAL MINES PENSION SCHEME (EFFECTIVE FROM 31 ST MARCH 1998)
DEFINITIONS In this scheme, 'unless the context otherwise requires :- a. 'Act' means the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948); b. 'Appointed day' means the date appointed under sub-paragraph (2) of paragraph 1 of the Scheme. c. 'authorised officer' means the Regional Commissioner or the Assistant Commissioner or any other officer appointed under sub-section (2) of section 3C. d. 'average emoluments' means the average of the notional salary payable to an employee for the last ten months before retirement from the service. e. 'Board' means the Board of Trustees constituted under section 3 A. f. 'Commissioner' means the Coal Mines Provident Fund Commissioner appointed under sub-section (1) of section 3 C. (fa) 'Date of his retirement' means the date of retirement beginning on or after the first day of April, 1994. g. 'employee' means an employee of the Coal Mines in respect of which the Coal Mines Provident Fund Schemes have been made applicable, h. 'family' in relation to an employee means :- 1. wife in the case of a male employee or husband in the case of a female employee, 2. a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery, and 3. son who has not attained the age of twenty five years and unmarried daughter who has not attained the age of twenty five years including such 'son or daughter adopted legally before superannuation. i. 'form' means the form annexed to the scheme; j. 'Fund1 means the provident fund established under the Coal Mines Provident Fund Scheme k. 'notional salary' means the monthly emoluments comprising basic pay and dearness allowance payable to an employee not withstanding the actual salary drawn for that month. l. 'pension' means superannuation pension, retiring pension, disablement pension, widow or widower pension, children pension and orphan pension m. 'pensionable age' means the age of superannuation. (n) 'Pension fund1 means the fund established under sub-section (2) of Section 3E; n. 'Pensionable service' means - (i) the two-third of the period of actual service rendered by an employee from the date of opting for the Coal Mines Family Pension Scheme, 1971 and up to the 31 st day of March, 1989, except the period for which no contribution has been made to the Family Pension Fund, and (ii) the actual service rendered by an employee from the 1st day of April, 1989 or the date of joining the service whichever is later, to the date of retirement or the death in service except the period for which no contribution has been made to the Family Pension fund or the Pension fund, as the case may be. I Corrigenda No. GSR 269(E) dated the 25th May 1998. II Notification No. GSR 108(E) dated 13th February 2003. o. 'Provident Fund Scheme' means the Coal Mines Provident Fund Scheme, 1948, the Andhra Pradesh Coal Mines Provident Fund Scheme, 1956 and the Rajasthan Coal Mines Provident Fund Scheme, 1958; p. 4 'Retirement' in relation to an employee who is a member of the Pension Scheme means exit of an employee on completion of 10 years of Pensionable service.
q. 'Salary' means the monthly emoluments based on which the contribution to the fund is deducted every month. r. 'Schedule' means the Schedule annexed to the Scheme s. 'Section' means section of the Act. t. 'Superannuation' in relation to an employee who is a member of the Pension Scheme means the attainment by the said employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment, u. 'Year' means the period of twelve months from the first day of April of the year to the thirty-first day of March of the following year; and v. w. all other words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act. ELIGIBILITY FOR PENSION (1) An employee who was a member the Coal Mines Family Pension Scheme, 1971 immediately before the appointed day and has not attained the age of superannuation shall be deemed to be eligible for pension under the provisions of this Scheme from the appointed day. (2) An employee who has not opted for the Coal Mines Family Pension Scheme, 1971 but is covered by the Provident Fund Scheme, may opt for pension under the provisions of this Scheme within a period of*three hundred and sixty six days from the appointed day and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form P.S.-l : 5Provided that an employee exercising the option under the provisions of this sub-paragraph shall have to deposit in the Pension Fund either in cash or by way of deduction in installments from his monthly salary or by transfer from his Provident Fund account to the Pension Fund, the arrears equivalent to the amounts specified in clauses (b),(c), (d) and (e) of paragraph 3, along with interest from the first day of March, 1971 till the date of exercising the option in respect of arrears,- (i) specified in clause(b), at the rate admissible from time to time to the monies in Coal Mines Provident Fund; (ii) specified in clauses(c) and (d), at the rate of twelve per cent per annum; and (iii) specified in clause(e), at such rate as the Central Government, from time to time, credited interest in respect of its contributions to the Coal Mines Family Pension Scheme, 1971. PARTICULARS TO BE FURNISHED BY AN EMPLOYEE 1. An employee eligible for pension under the provisions of sub-paragraphs (1) and (3) of paragraph 4, shall within a period of three hundred and sixty six days from the Appointed day or date of joining, as the case may be submit to his employer the particulars of his family members in triplicate in Form PS-3 and nomination in triplicate in Form P.S-4 which after proper verification and due attestation shall be forwarded by the employer to the concerned authorised officer. 2. An employee who opts for pension under the provisions of sub-paragraphs (2) and (4) of paragraph 4, shall submit to his employer the particulars of his family members in triplicate in Form PS-3 and nomination in triplicate in Form PS-4 while exercising the option which after proper verification and due attestation shall be forwarded by the employer to the concerned authorised officer. 3. Where an employee eligible for pension under the provisions of the Scheme does not have a wife / husband at the time of making the nomination he may indicate the 'name and particulars of the guardian of his minor son or daughter for the purpose of receiving the benefits under the provisions of the Scheme. 4. Whenever there is any change in the particulars submitted by an employee under the provisions of sub-paragraph (1),(2) and (3), he shall intimate the same to his employer who within a period of seven days from its receipt shall forward the same after verification and attestation to the concerned authorised 'officer
5. At the time of making the nomination if an employee is having a family, the nomination shall be made only in favour of one or more members belonging to his family. A nomination made by an employee in favour of any person other than his family member shall become invalid on his acquiring a family. MONTHLY PENSION 1. An employee after completion of thirty years of pensionable service and on attaining the age of superannuation shall be eligible to receive monthly pension at the rate of twenty five percent of the average emoluments or not less than rupees three hundred fifty from the date following the date of superannuation till the date of his death. 2. Where an employee has not completed thirty years but has completed ten years pensionable service on attaining the age of superannuation, the pension shall be determined on the following basis :- Length of pensionable service X 25 percent of the average emoluments. 30 3. Where an employee having completed 4ten years of pensionable service and would be attaining the age of superannuation within a 6period of twenty years, opts to retire from the service before attaining the age of superannuation, the amount of monthly pension payable to such employee shall be determined on the basis specified in Schedule -2. 4. Where an employee, has not completed ten years of pensionable service on attaining the age of superannuation, or opts to leave service, or his services are terminated, or becomes disabled before completion often years of pensionable service, the amounts payable by way of return of contribution to such employee shall be determined on the basis specified in Schedule-3 DISABLEMENT PENSION Where an employee after rendering ten years of pensionable service becomes permanently handicapped or disabled on account of bodily or mental infirmity during his service time, and has been declared as such by a competent medical board, he shall be entitled to a disablement pension to be computed at the rate of twenty five percent of the average emoluments or not less than rupees three hundred fifty per month. MONTHLY WIDOW OR WIDOWER PENSION 1. After the death of an employee from the date following the date of his/her death and till the date of her / his death or re-marriage whichever is earlier, his / her legally wedded wife / husband shall be entitled for widow or widower pension, as the case may be. 2. If an employee is having more than one legally wedded wife at the time of his death, all the surviving widows shall be entitled to receive in equal share the amount of widow pension till the date of their death or re-marriage, whichever is earlier. 3. The amount of monthly widow or widower pension payable on the death of an employee after the date of Superannuation or "date of his retirement shall be equal to sixty percent of the monthly pension of the employee as on the date of his / her death or not less than rupees two hundred and fifty. 4. In case an employee dies in service before attaining the age of superannuation, the amount of monthly widow or widower pension payable shall be equivalent to sixty six and two upon three percent, of monthly pension of the employee for which he / she would have become entitled on the date of his/ her death or not less than 4 rupees three hundred and twenty. CHILDREN PENSION (1) After the death of an employee from the date following the date of his/ her death, along with surviving wife / husband, two of the eldest sons or unmarried daughters, as the case 'may be, till they attain the age of twenty five years or in the case of unmarried daughter till the date of her marriage, whichever is earlier, shall be entitled to children pension. (2) The amount of monthly children pension payable after the death of an employee shall be equal to twenty five percent of the amount of widow or widower pension for each son or daughter, as the case may be, or not less than rupees one hundred for each child.
ORPHAN PENSION (1) In case there is no surviving widow or widower at the time of the death of an employee, from the date following the date of his / her death, or otherwise the date of the death of the widow / widower, two of the eldest sons or unmarried daughters, as the case may be, till 'they attain the age of twenty five years and in the case of unmarried daughter till the date of her marriage, whichever is earlier, shall be entitled for orphan pension in lieu of children pension. (2) The amount of monthly orphan pension payable after the death of the employee or the widow / widower shall be equivalent to fifty percent of the amount of widow / widower pension 'or not less than rupees one hundred and ten for each orphan. EX-GRATIA PAYMENT Where an employee before attaining the age of superannuation dies in service, an amount of rupees five thousand shall be payable in lump sum to surviving widow widower and in case there is no widow / widower, to surviving children in equal share, or where there no widow / widower and children to the nominee. PAYMENT OF OUTSTANDING BENEFITS Where an employee dies in service or after Superannuation "or date of his retirement and certain amounts accrued under the provisions of this Scheme have not been paid, such amdunts shall be paid in equal share to the surviving widow / widower or in case there is no widow / widower, to surviving children in equal share, or where there is no widow / widower and children, to the nominee
DEFINITIONS In this scheme, 'unless the context otherwise requires :- a. 'Act' means the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948); b. 'Appointed day' means the date appointed under sub-paragraph (2) of paragraph 1 of the Scheme. c. 'authorised officer' means the Regional Commissioner or the Assistant Commissioner or any other officer appointed under sub-section (2) of section 3C. d. 'average emoluments' means the average of the notional salary payable to an employee for the last ten months before retirement from the service. e. 'Board' means the Board of Trustees constituted under section 3 A. f. 'Commissioner' means the Coal Mines Provident Fund Commissioner appointed under sub-section (1) of section 3 C. (fa) 'Date of his retirement' means the date of retirement beginning on or after the first day of April, 1994. g. 'employee' means an employee of the Coal Mines in respect of which the Coal Mines Provident Fund Schemes have been made applicable, h. 'family' in relation to an employee means :- 1. wife in the case of a male employee or husband in the case of a female employee, 2. a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery, and 3. son who has not attained the age of twenty five years and unmarried daughter who has not attained the age of twenty five years including such 'son or daughter adopted legally before superannuation. i. 'form' means the form annexed to the scheme; j. 'Fund1 means the provident fund established under the Coal Mines Provident Fund Scheme k. 'notional salary' means the monthly emoluments comprising basic pay and dearness allowance payable to an employee not withstanding the actual salary drawn for that month. l. 'pension' means superannuation pension, retiring pension, disablement pension, widow or widower pension, children pension and orphan pension m. 'pensionable age' means the age of superannuation. (n) 'Pension fund1 means the fund established under sub-section (2) of Section 3E; n. 'Pensionable service' means - (i) the two-third of the period of actual service rendered by an employee from the date of opting for the Coal Mines Family Pension Scheme, 1971 and up to the 31 st day of March, 1989, except the period for which no contribution has been made to the Family Pension Fund, and (ii) the actual service rendered by an employee from the 1st day of April, 1989 or the date of joining the service whichever is later, to the date of retirement or the death in service except the period for which no contribution has been made to the Family Pension fund or the Pension fund, as the case may be. I Corrigenda No. GSR 269(E) dated the 25th May 1998. II Notification No. GSR 108(E) dated 13th February 2003. o. 'Provident Fund Scheme' means the Coal Mines Provident Fund Scheme, 1948, the Andhra Pradesh Coal Mines Provident Fund Scheme, 1956 and the Rajasthan Coal Mines Provident Fund Scheme, 1958; p. 4 'Retirement' in relation to an employee who is a member of the Pension Scheme means exit of an employee on completion of 10 years of Pensionable service.
q. 'Salary' means the monthly emoluments based on which the contribution to the fund is deducted every month. r. 'Schedule' means the Schedule annexed to the Scheme s. 'Section' means section of the Act. t. 'Superannuation' in relation to an employee who is a member of the Pension Scheme means the attainment by the said employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment, u. 'Year' means the period of twelve months from the first day of April of the year to the thirty-first day of March of the following year; and v. w. all other words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act. ELIGIBILITY FOR PENSION (1) An employee who was a member the Coal Mines Family Pension Scheme, 1971 immediately before the appointed day and has not attained the age of superannuation shall be deemed to be eligible for pension under the provisions of this Scheme from the appointed day. (2) An employee who has not opted for the Coal Mines Family Pension Scheme, 1971 but is covered by the Provident Fund Scheme, may opt for pension under the provisions of this Scheme within a period of*three hundred and sixty six days from the appointed day and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form P.S.-l : 5Provided that an employee exercising the option under the provisions of this sub-paragraph shall have to deposit in the Pension Fund either in cash or by way of deduction in installments from his monthly salary or by transfer from his Provident Fund account to the Pension Fund, the arrears equivalent to the amounts specified in clauses (b),(c), (d) and (e) of paragraph 3, along with interest from the first day of March, 1971 till the date of exercising the option in respect of arrears,- (i) specified in clause(b), at the rate admissible from time to time to the monies in Coal Mines Provident Fund; (ii) specified in clauses(c) and (d), at the rate of twelve per cent per annum; and (iii) specified in clause(e), at such rate as the Central Government, from time to time, credited interest in respect of its contributions to the Coal Mines Family Pension Scheme, 1971. PARTICULARS TO BE FURNISHED BY AN EMPLOYEE 1. An employee eligible for pension under the provisions of sub-paragraphs (1) and (3) of paragraph 4, shall within a period of three hundred and sixty six days from the Appointed day or date of joining, as the case may be submit to his employer the particulars of his family members in triplicate in Form PS-3 and nomination in triplicate in Form P.S-4 which after proper verification and due attestation shall be forwarded by the employer to the concerned authorised officer. 2. An employee who opts for pension under the provisions of sub-paragraphs (2) and (4) of paragraph 4, shall submit to his employer the particulars of his family members in triplicate in Form PS-3 and nomination in triplicate in Form PS-4 while exercising the option which after proper verification and due attestation shall be forwarded by the employer to the concerned authorised officer. 3. Where an employee eligible for pension under the provisions of the Scheme does not have a wife / husband at the time of making the nomination he may indicate the 'name and particulars of the guardian of his minor son or daughter for the purpose of receiving the benefits under the provisions of the Scheme. 4. Whenever there is any change in the particulars submitted by an employee under the provisions of sub-paragraph (1),(2) and (3), he shall intimate the same to his employer who within a period of seven days from its receipt shall forward the same after verification and attestation to the concerned authorised 'officer
5. At the time of making the nomination if an employee is having a family, the nomination shall be made only in favour of one or more members belonging to his family. A nomination made by an employee in favour of any person other than his family member shall become invalid on his acquiring a family. MONTHLY PENSION 1. An employee after completion of thirty years of pensionable service and on attaining the age of superannuation shall be eligible to receive monthly pension at the rate of twenty five percent of the average emoluments or not less than rupees three hundred fifty from the date following the date of superannuation till the date of his death. 2. Where an employee has not completed thirty years but has completed ten years pensionable service on attaining the age of superannuation, the pension shall be determined on the following basis :- Length of pensionable service X 25 percent of the average emoluments. 30 3. Where an employee having completed 4ten years of pensionable service and would be attaining the age of superannuation within a 6period of twenty years, opts to retire from the service before attaining the age of superannuation, the amount of monthly pension payable to such employee shall be determined on the basis specified in Schedule -2. 4. Where an employee, has not completed ten years of pensionable service on attaining the age of superannuation, or opts to leave service, or his services are terminated, or becomes disabled before completion often years of pensionable service, the amounts payable by way of return of contribution to such employee shall be determined on the basis specified in Schedule-3 DISABLEMENT PENSION Where an employee after rendering ten years of pensionable service becomes permanently handicapped or disabled on account of bodily or mental infirmity during his service time, and has been declared as such by a competent medical board, he shall be entitled to a disablement pension to be computed at the rate of twenty five percent of the average emoluments or not less than rupees three hundred fifty per month. MONTHLY WIDOW OR WIDOWER PENSION 1. After the death of an employee from the date following the date of his/her death and till the date of her / his death or re-marriage whichever is earlier, his / her legally wedded wife / husband shall be entitled for widow or widower pension, as the case may be. 2. If an employee is having more than one legally wedded wife at the time of his death, all the surviving widows shall be entitled to receive in equal share the amount of widow pension till the date of their death or re-marriage, whichever is earlier. 3. The amount of monthly widow or widower pension payable on the death of an employee after the date of Superannuation or "date of his retirement shall be equal to sixty percent of the monthly pension of the employee as on the date of his / her death or not less than rupees two hundred and fifty. 4. In case an employee dies in service before attaining the age of superannuation, the amount of monthly widow or widower pension payable shall be equivalent to sixty six and two upon three percent, of monthly pension of the employee for which he / she would have become entitled on the date of his/ her death or not less than 4 rupees three hundred and twenty. CHILDREN PENSION (1) After the death of an employee from the date following the date of his/ her death, along with surviving wife / husband, two of the eldest sons or unmarried daughters, as the case 'may be, till they attain the age of twenty five years or in the case of unmarried daughter till the date of her marriage, whichever is earlier, shall be entitled to children pension. (2) The amount of monthly children pension payable after the death of an employee shall be equal to twenty five percent of the amount of widow or widower pension for each son or daughter, as the case may be, or not less than rupees one hundred for each child.
ORPHAN PENSION (1) In case there is no surviving widow or widower at the time of the death of an employee, from the date following the date of his / her death, or otherwise the date of the death of the widow / widower, two of the eldest sons or unmarried daughters, as the case may be, till 'they attain the age of twenty five years and in the case of unmarried daughter till the date of her marriage, whichever is earlier, shall be entitled for orphan pension in lieu of children pension. (2) The amount of monthly orphan pension payable after the death of the employee or the widow / widower shall be equivalent to fifty percent of the amount of widow / widower pension 'or not less than rupees one hundred and ten for each orphan. EX-GRATIA PAYMENT Where an employee before attaining the age of superannuation dies in service, an amount of rupees five thousand shall be payable in lump sum to surviving widow widower and in case there is no widow / widower, to surviving children in equal share, or where there no widow / widower and children to the nominee. PAYMENT OF OUTSTANDING BENEFITS Where an employee dies in service or after Superannuation "or date of his retirement and certain amounts accrued under the provisions of this Scheme have not been paid, such amdunts shall be paid in equal share to the surviving widow / widower or in case there is no widow / widower, to surviving children in equal share, or where there is no widow / widower and children, to the nominee
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