COAL MINES PENSION SCHEME, 1998
(1) This Scheme may be called The Coal Mines Pension Scheme, 1998.
(2) It shall come into force from such date2 as the Central Government may, by notification in the Official Gazette, appoint.
(3) It shall apply to the employees of the Coal Mines to which 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, framed under section 3 of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 apply.
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 3A;
(f) "Commissioner" means the Coal Mines
From the appointed day the pension fund shall stand established which shall have the sole purpose the provision of the payment of pension in accordance with the Scheme to the employee or his family or the payment of any amount which may accrue under the provisions of the Coal Mines Family Pension Scheme, 1971 immediately before the appointed day. The Pension Fund shall consist of the following:--
(a) net assets of the Coal Mines Family Pension Scheme, 1971 as on the appointed day;
(b) an amount equivalent to two and one-third per cent of the salary of the employee, being the aggregate of equal shares of the employee and the employer from their respective contributions to the Fund, to be transferred from the appointed day from the Fund of the employee;
(c) an amount equivalent to two per cent o
(1) An employee who was a member of 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 had 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 7[three hundred and sixty 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.-1:
8[Provided 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 instalments from his monthly
(1) An employee eligible for pension under the provisions of sub-paragraphs (1) and (3) of paragraph 4, shall within a period of 7[three hundred and sixty days] from the appointed day submit to his employer the particulars of his family members in triplicate in Form P.S.-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 P.S.-3 and nomination in triplicate in Form P.S.-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 a
(1) The authorised officer shall be responsible for maintenance of proper accounts, records and Registers of the Pension Fund in such form as may be specified by the Commissioner from time to time.
(2) The authorised officer shall be sanctioning authority for the purpose of pension and other benefits under the provisions of the Scheme and shall also be responsible for disbursement of the same.
(1) The rate of increment referred to in clause (d) of Paragraph 3 in respect of time-rated or piece-rated category of employee shall be twenty-six times of his daily rate of increment.
(2) Where an employee exercises his option under the provisions of sub-paragraph (2) of paragraph 4 and is unable to deposit in full the amounts referred to in that sub-paragraph on or before the date of his superannuation the amount of his pension shall be reduced by an amount calculated on the basis specified in Schedule 1.
(3) Where the amount of Pension Fund referred to in clauses (c) and (d) of paragraph 3 had not been deducted from the salary of the employee by an employer till the appointed day or had been deducted in part or in full but not remitted to the 16[Commissioner] on or before the appointed day, such amount shall be remitted to the 16[Com
(1) Every employer of the employee shall submit to the Commissioner on or before the 30th day of every month a return of contribution for the preceding month towards the Pension Fund alongwith the details of contributions towards provident fund in Form P.S.-5.
(2) Every employer shall be responsible for payment of the amount equivalent to one and one-sixth per cent of the salary of the employee to be transferred from the Fund as employer's share in terms of clause (b) of Paragraph 3 and the same shall not be deducted from the salary or other benefits of the employee.
(1) The total amount vested in and transferred to the Pension Fund in accordance with the provisions of clause (a) of paragraph 3, except such amount as may be required from time to time for making the payment of pension and other benefits under the Scheme, shall be deposited on the appointed day by the Commissioner with the Central Government in the Public Account.
(2) The Commissioner shall make suitable banking arrangements in respect of the amount vested, in the Pension Fund in accordance with the provisions of 17[clauses (b), (c), (d), (e) and (f)] of paragraph 3 and such amount shall be invested in accordance with such pattern of investment as may be determined by the Central Government in the Ministry of Finance from time to lime.
-------------------------------------------
17. Substituted for "clauses (b), (c), (d) and (e)" by
(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 per cent of the average emoluments or not less than rupees three hundred fifty from the date of 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 per cent of the average emoluments.
30
(3) Where an employee having completed 18[ten years] of
Where an employee after rendering ten years of pensionable service becomes permanently handicaped 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 per cent of the average emoluments or not less than rupees three hundred fifty per month.
(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 21[superannuation or date of his retirement], shall be equal to sixty per cent of the monthly pension of the employee as on the date of his/her death or not less than rupees two hundred and fifty.
(1) After the death of an employee from the date following the date of his/her death, alongwith 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 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 per cent of the amount of widow or widower pension for each son or daughter, as the case may be, not less than rupees one hundred for each child.
(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 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 per cent of the amount of widow/widower pension of not less than rupees one hundred and ten for each orphan.
(1) An employee entitled for pension under the provisions of the Scheme may opt at the time of making an application for pension in Form P.S.-6 either to draw,--
(a) the full admissible amount of pension; or
(b) ninety per cent of the total admissible amount of the pension till the date of his death: or
(c) ninety per cent of the total admissible amount of pension till the date of his death, and eighty per cent, of his total admissible amount of pension as widow/widower pension in favour of his/her wife/husband during her/his life time.
(2) Where an employee exercises his option to receive ninety per cent of the total admissible amount of the pension during his life time, then after his death, in addition to the widow/widower pension and children pe
Where an employee before attaining the age of superannuation dies in service, an amount of rupees five thousand shall be payable in lumpsum to surviving widow/widower and 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.
Where an employee dies in service or after 21[superannuation or date of his retirement] and certain amounts accrued under the provisions of this Scheme have not been paid, such amount 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.
-----------------------------------------------------------
21. Substituted for "superannuation or retirement" by the Coal Mines Pension (Amendment) Scheme, 2003, w.r.e.f. 31-3-1998 vide GSR 108(E), dated 13-2-2003. Earlier substituted for "superannuation" by GSR 218(E), the Coal Mines Pension (Amendment) Scheme, 1999, w.e.f. 22-3-1999 vide GSR 218(E), dated 22-3-1999.
(1) An account called the 'Pension Administration Account', for recording all the administrative expenses of the Scheme shall be maintained by the Commissioner in such manner as may be specified by the Board, with the approval of the Central Government. The Pension Administration Account shall contain such details as may be necessary to determine the sums payable by the Central Government for the administration of the Scheme in accordance with the provisions of section 3F. The liability of the Central Government to pay the expenses on administration of the Scheme shall be as decided by the Central Government from time to time.
(2) All expenses for administering the Scheme, not including therein the cost of any benefit admissible under the Scheme, but including proportionate expenses of officers and in respect of employees, expenses for meetings of the Board and its Committees, fees
(1) The Commissioner shall place before the Board in January each year a budget showing separately probable receipts and expenditure which is expected to be incurred therefrom during the year commencing on the first day of April of that year. The Budget as approved by the Board shall be submitted for sanction to the Central Government before the fifteenth day of February each year.
(2) The Central Government may with or without any modifications sanction the Budget.
(3) The Commissioner may make budgetary re-appropriation of funds subject to the condition that the total budget sanctioned under sub-paragraph (2) is not exceeded. Such re-appropriation shall be placed by the Commissioner before the Board at its first meeting after such re-appropriation for its approval and the approval of Central Government shall also be obtained for the sa
The accounts of the Pension Fund shall be audited every year by the Comptroller and Auditor General of India.
The Commissioner shall place a report on the working of the Scheme relating to the previous year along with audited annual accounts at a meeting of the Board to be held before fifteenth day of November each year and the Board shall submit such report with the audited account to the Central Government for placing the same before Parliament by the end of December each year.
(1) The Commissioner shall be responsible for valuation of the Pension Fund every third year by an Actuary to be appointed by the Board. The recommendations of the Actuary shall be placed by the Commissioner before the Board.
(2) The Commissioner may initiate action for enhancement and revision of the amount of family pension admissible under the Coal Mines Family Pension Scheme, 1971 and after approval of the Board may recommend to the Central Government for amendment in the provisions of this Scheme.
(3) At any time, when the Pension Fund so permits, the Board on the recommendation of an Actuary may recommend to the Central Government and with its approval may amend the rates of contribution payable under the Scheme or the scale of any benefits admissible or the period for which such benefit may be allowed.
(1) It shall be the responsibility of the employer to deduct from the salary of an employee the contribution towards the employee's share under the Scheme and remit the same to the Commissioner in Form P.S.-5.
(2) Where any employer makes a default in the remittance of any contribution to the Commissioner, the Commissioner shall be competent to recover damages for such delayed remittance on the rates specified in Schedule 4.
(3) Where an employer makes default in remittance of any contribution to the Commissioner, such default in remittance on the part of the employer shall not make any adverse effect on the benefits admissible to an employee under the Scheme.
SCHEDULE 1
[See sub-paragraph (2) of paragraph 7]
Basis of calculation of amount of reduction
The amounts riot deposited to be multiplied by the following factor for the period from the appointed day to the date of superannuation divided by 100.
Example.--Rupees 4,000 not deposited the employee superannuates in the year 2001. The period from appointed day to the date of superannuation is 4 years. Factor for more than 4 years is 1.536, so reduction in pension=
4000 x 1.536
------------------------- = 61.40 say Rupees 61.00
100
Number of years from the appointed day to the
SCHEDULE 2
[See sub-paragraph (3) of paragraph 10]
Basis for determining the pension payable to an employee opting to draw pension before attaining the age of superannuation
1Period in year(s) for Superannuation For every Rupees 100 per month payable at age of superannuation, the amount payable to the employee from date of exit Period in year(s) for Superannuation For every Rupees 100 per month payable at age of superannuation, the amount payable to the employee from date of exit
0 100 1 97
2 94 3 91
4 89 5 86
6 83 7 81
8 78 9 76
&nbs
SCHEDULE 3
[See sub-paragraph (4) of paragraph 10]
Basis for determining the amount payable to an employee who has not completed ten years of pensionable service
(A) Entire pensionable service rendered with effect from 1-4-1989:
Number of years of pensionable service, rounded to the nearest year Number of times the monthly salary drawn on the date of superannuation Number of years of pensionable service, rounded to the nearest year Number of times the monthly salary drawn on the date of superannuation
1 2 1 2
1 .60 2 1.23
3 1.86 4 2.51
5 3.17 6 3.84
&n
SCHEDULE 4
[See sub-paragraph (2) of paragraph 23]
Rates of damages for delayed remittance
Default during the year One month and less Over 1 month and upto 2 months Over 2 months and upto 3 months Over 3 months and upto 4 months Over 4 months and upto 5 months Over 5 months
1st default 2% of arrears 5% of arrears 10% of arrears 15% of arrears 20% of arrears 25% of arrears
2nd default 5% of arrears 10% ofarrears 15% of arrears 20% of arrears 25% of arrears 25% of arrears
3rd default 10% of arrears 15% of arrears 20% of arrears 25% of arrears 25% of arrears 25% of arrears
4th default 15% of arrears 20% of arrears 25% o
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