7 CPC Pensions For Maj / Lt Col : Co-Relating Years Of Service Of Older Retirees With 7 CPC Matrix Increments

I had touched on some aspects of the 7 CPC matrix in the previous post. I have always tried to reason for establishing some equitable basis of pension parity for older retirees given the reduction in years of service required to attain the same time-bound ranks as compared to earlier times.

With the arrival of 7 CPC recommendations and the still far from clear outcome of the fixation process under OROP, it can't hurt to try an make sense out of the prevailing confusion.

For the purpose of this blog post, I have tried to focus on older retirees in the ranks of Maj and Lt Col as they are most affected amongst officer veterans by the reductions over the years in service required for getting promotions based on length of service, putting them at a severe dis-advantage to current retirees in their erstwhile cadres and streams.

I have tried to co-relate the years of service now required to attain ranks on time bound basis as against the increments specified in different levels of the 7 CPC matrix. It becomes apparent, the number of increments attained by currently serving Officers for the same years of service is much higher than older retirees. So, for the same length of service, an older retiree would have fewer increments in the same level.

If the pension of an older retiree is fixed on basis of increments given to him in the corresponding pay-band,when he was in service, his pension could be equal to that of a current retiree with much less service than him. This could run totally counter to what OROP is supposed to bring about.

Then there is the old aspect of pension parities required with current retirees, with equal service, who get automatically migrated to higher Matrix levels, as compared to older retirees, due to faster time-based promotions (link to a previous blog-post introducing the need for pension parity points is placed at the bottom of this blog post). In this specific example, there is the issue of Majors who retired with more than 20 years of service and Maj/Lt Col who retired with more than 26 years of service. 

To put the whole matter in, and I must stress this, a hypothetical table, I have assumed that level 12 A 11 of the matrix applies to the rank of Major and the first increment would start at a service of 7 6 years; Lt Col would be governed by level 12A, his first increment stage in Matrix starting at a service of 13 years and level 13 for Col must be seen to have the first increment stage at 16 15 years.

With these assumptions we can attempt to build a first approximation of how pensions ought to or can get fixed as follows (Table can be enlarged or made to pop-out) (Edit: Table was amended based on feedback)

  

{Edit: Here is a link to a blog post that tries to explain the justification for pension parity points for older and current retirees based on equal service and reductions that have taken place in service required for attaining the same time-bound rank.}

LOOKING BACK AT 6 CPC PENSIONS THROUGH THE OROP AND 7 CPC PRISM

This blog post seeks to further examine hypothetical issues arising from a reference in the previous blog-post to some attempts apparently underway for a review of pensions of pre 01 Jan 2006 retirees as fixed by 6 CPC on the principle of minimum of pay for rank in pay-band and to get these fixed on basis of increments earned in the pay-scale corresponding to the appropriate 6 CPC pay-band.

It may come as a surprise to many that at this time, when everyone seems totally engrossed with OROP and 7 Central Pay Commission, such a retro approach of dealing with issues of 6 CPC should be on display. But, the whole matter of pensions and benefits is a continuum and CPC date markers do not provide for some rigid barriers that can't be crossed. Besides, what transpired at the time of implementation of 6 CPC will have a cascading effect on OROP and, in turn, on recommendations of 7 CPC.

As regards this issue of increments based 6 CPC pension fixation, I have very few details other than the rumour that it is based on some litigation involving veteran Major Generals who had their pensions fixed based on increments they had earned in their pay-scale and not on the principle of minimum pay for their rank in the pay-band.

Now assuming there is some basis to this analysis, we need to go back to the tables and fitments of SAI 2/S/08 as amended. To simplify and to illustrate the matter, on a purely hypothetical basis, a table can be derived from the SAI ibid and its subsequent amendments for consideration as follows :

TABLE RELEVANT TO A PRE 6 CPC LT COL RETIREE

  

5 CPC Pay As Laid Down In Amendment To 2/S/2008	6 CPC Basic Pay Corresponding To 5 CPC Pay Scale As Laid Down In Amendment To SAI 2/S/2008	6 CPC MSP	6 CPC Grade Pay	Total Revised Pay	50% Of Total Revised Pay	The Number Of Years Required Currently To Reach This Increment Stage
13500	38530	6000	8000	52530	26265	13
13900	38530	6000	8000	52530	26265	14
14300	39690	6000	8000	53690	26845	15
14700	39690	6000	8000	53690	26845	16
15100	40890	6000	8000	54890	27445	17
15500	40890	6000	8000	54890	27445	18
15900	42120	6000	8000	56120	28060	19
16300	42120	6000	8000	56120	28060	20
16700	43390	6000	8000	57390	28695	21
17100	43390	6000	8000	57390	28695	22
17500	44700	6000	8000	58700	29350	23
17900	44700	6000	8000	58700	29350	24
18300	46050	6000	8000	60050	30025	25
						26
						27
						28
						29
						30
						31
						32

Granted, the corresponding 6 CPC basic pay column does not tally with the 6 CPC pay-band 4 starting at 37400/-, but that is how the pension for Lt Col rank was re-fixed at 26265/- as against the previously fixed 25700/- based on PB-4. Pay during 5 CPC, as actually earned, would logically have to be the basis for arriving at equivalent pensions for 6 CPC if at all the arguments for basing pensions on increments earned during 5 CPC are tenable.

In the case of a Lt Col retiree, of course, it would not be too hard to arrive at this hypothetical, re-fixed pension based on increments gained during 5 CPC. All he would have to do would be to take out his DND statement issued on the revision caused by the rank-pay case matter. From there, it would be a simple matter to read the revised pension as shown in the column titled "50% Of Total Revised Pay". A Lt Col who had earned increments in the DND statement so as to reach a basic pay of 17900/- would then, hypothetically, be eligible for a 6 CPC pension of Rs.29350/- and not the Rs.26265/- as fixed from 01 Jan 2006.

But, an important consideration arises here. Would basing the 6 CPC pensions based on increments earned during 5 CPC amount to OROP having been granted for all ex-servicemen during 6 CPC? It would certainly appear to be a case of full parity rather than a modified parity necessitated by the parallel, if one does exist, and that is a very big if, in the eumored litigation involving retirees in the rank of Maj Gen.

However, by having a similar increment based pension for pre 7 CPC retirees and terming it as OROP for all, the 7 CPC recommendations do confound the matter somewhat.

In the above example, true OROP would have resulted if the pension had been fixed for the Lt Col retiring in say 2003 at DND basic of 17900/- if his pension had been fixed equal to pension of another Lt Col with as many years of service retiring in say July 2006. This pension would have been a lot higher than the one based on increments earned during 5 CPC.

The last column in the table indicates how many years would be required during 2006 and later to reach the equivalent 6 CPC basic that a 5 CPC retiree would have retired at. In most cases there would be a significant difference between the years of service put in by a pre 01 Jan 2006 retiree to be at the same level of equivalent 6 CPC basic pay.

That appears to indicate that the manner of OROP based on increments as suggested by 7 CPC may not be the real OROP as we understand it. It also appears to suggest that the logic of obtaining an increment based re-fixation of 6 CPC pensions for 5 CPC and earlier retirees may not be that far fetched.

Increments Earned, Pensions And OROP

In the matter of VI CPC pensions fixed for pre 01 Jan 2006 retirees, circular 397 issued by PCDA states at para 6.1, "The consolidation of pension will further be subject to the provision that the consolidated pension, in no case shall be lower than 50% of the minimum of the pay in the pay band plus the grade pay, military service pay (MSP) and ‘X’ Group pay (where applicable) introduced from 01.01.2006 corresponding to the pre revised scale from which the pensioner had retired/discharged for 33 years qualifying service and for lesser qualifying service (including admissible weightage) it will be proportionately reduced".

This circular was amended vide Circular 500 subsequently to clarify, "...the minimum guaranteed pension and ordinary family pension in respect of Pre-2006 Commissioned officers, pensioners/ family pensioners has been determined as 50% (fifty) and 30% (thirty) percent respectively, of the pay in the pay band corresponding to minimum of prerevised pay scale as indicated under fitment tables annexed with SAI 2/S/2008 as amended and equivalent instructions for Navy & Air Force and SAI 4/S/2008, plus Grade pay corresponding to the pre-revised scale from which the pensioner had retired/ discharged/invalided out/died including Military Service Pay, wherever applicable. date of fixation of pensions (01 Jan 2006 as against the original..."

or as the accompanying MOD letter had stated,

"..minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed with SAI 2/S/2008 as amended and equivalent instructions for navy and Air Force and SAI 4/S/2008 plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired ...... including Military Service Pay..... ".

The Circular had fixed this minimum guaranteed pension wef 24 Sep 2012.

The date was subsequently changed to 01 Jan 2006 very recently.

In this season of talk of increments based pension fixation, fuelled by the new matrix put out by 7 CPC, it has come to light on the web that some stalwarts seem to suggest that fixation of the minimum guaranteed pension wef 01 Jan 2006 needs to take into account the increments actually earned in the "pre-revised pay-scales" by pre 01 Jan 2006 retirees. It is understood this is based on some judicial ruling applicable to retirees with Maj Gen rank in which increments earned are said to have been made a basis for determining the pensions of these affected Officers.

As details have not been shared, it can not be said with any certainty whether or not the context of litigation involving the Maj Gen retirees would also apply to other pensioners.

But it is an interesting development.

There would be a need to study where in the fitment tables would a particular pensioner stand after considering the increments he had earned in the pre-revised scale (pre 01 Jan 2006 pay-scale).

Then there would be the calculation and payment of arrears from 01 jan 2006.

But would that not affect the calculation methodology for OROP? It may become necessary for OROP calculation to be based on number of increments required to reach a certain number of years of service for a pay-band for a specific rank rather than on the "average of minimum and maximum pension in 2013", whatever that means.