Extension of Mediclaim Renewal date and renewal of Gap Cases and Fresh Cases

SAIL Mediclaim Scheme 2018-19

SAIL Mediclaim Guidebook for 2018-19 is available in the link below. 
http://www.mdindiaonline.com/pdfdownloads/mdiwebpdf/SailPDF/SAILGuideBook.pdf

To join Court case for EPS 95 Pension

Dear SAIL Retirees / Employees (yet to retire),

Please note that the Transfer Petition filed by EPFO in Supreme Court, has now been posted to be listed in 1^stweek of April 2018. This will require a decision by the Coalition Group for EPS 95 an organisation of over 50 Public & Private sector Enterprises and Banks formed for the purpose of how to join the case in SC.

For this purpose a meeting of the Coalition members (incl FORSE) is tentatively planned any time around 10^th of April in Delhi. We will be required to provide data on behalf of SAIL retirees like how many are desirous of getting the benefits of full pension under EPS-95 Pension and how many will join the court case and make their share of financial contribution for the cause. (Exact amount will be decided in or after Delhi meeting) This is according to the recent decision by the FORSE Apex Council at Kolkata which can be seen in https://sailex.blogspot.in/2018/02/forse-apex-council-decision-related-to.html  

Please be quick.

Pl let me know with a firm commitment, if you so desire, to be listed for a court case. As detailed above you will be required to make financial contribution if you desire to be listed and get the benefit of court order after the amount of contribution is decided by the Coalition and finally by FORSE.

Pl be quick to respond by 24th March to forsesail@gmail.com 

FORSE Apex Council decision related to EPS-95

Minutes of the Meeting at Kolkata can be seen by clicking onthe link

https://tinyurl.com/MOM-Kolkata 

In the context of EPS-95, the FORSE Apex Council decided that FORSE will work together with the Coalition of EPS-95 pensioners (Coalition) to achieve its desirable goal of full pension for members of Exempted Establishments under EPS 95. It will be on two front:

Litigation: With a view to lower the cost of litigation for the same outcome/ result it was decided to join the Coalition writ petition to be prepared and finalised after the verdict of the Kerala High Court and that of the Supreme Court on the transfer petition, slated for hearing on 5th March 2018 or as and when it is announced.. FORSE will circulate the guidelines to all Member Associations and Retirees for who and how EPS-95 members will be a party to the case and how and where the contributions/ donations will be deposited. Non-Litigation: FORSE will soon circulate a draft to be forwarded by all Member Associations for onward transmission to all the members of CBT on their own letterhead to take up the issue in the 220th meeting of CBT in the forthcoming meeting on 21st Feb 2018 for quashing the Interim Advisory of the EPFO dated 31st May 2017 . Individual Retiree can also do this under their signature if the so wish. Such communications to CBT members can be done by posting of letter by mail and/or by meeting the members of the CBT.

It was also decided that if possible, Members of Parliament and members of the Parliamentary Standing Committee for Ministry of Labour & Employment also may be contacted and our anger and anguish expressed. 

Letter to Finance Minister for EPS-95 & increase in Interest

TO ENHANCE INTEREST ON DEPOSITS 

FOR IMPLEMENTATION OF EPS 95

What to do for EPS 95 Pension

Dear SAIL Retiree,

I keep getting queries from SAIL Retirees, living in different parts of the country, regarding money collection to fight court case for EPS-95 related issues. And whether it is patronised by FORSE or whether FORSE is a party to such a move? The clarification is as follows: 

As per decision taken by FORSE Apex Council at Salem in Sept 2017, FORSE is not a party thus far to such a move of  money collection or going for a court case to get EPS 95 pension. FORSE Apex Council is meeting in Kolkata on Feb 12-13, 2018 to review the progress made, discuss various alternatives and take an appropriate decision in this regard. 

My advice to each of the Retiree is to hold on till a decision is taken by FORSE Apex Council next month and  circulated through these channels of communication. Retirees, in the meantime, may please provide their opinion and feedback to forsesail@gmail.com for the consideration of the Council. But please read through the following Record Note of Delhi WS of many PSUS held on 21st Jan 2018 before making suggestions

All Highlights in the following paras are mine 

A brief from Sri JS Nagabhushan who attended Delhi WS on our behalf

Dear Sharmaji

Your observations & queries have been formally & informally discussed in the workshop. The following is the outcome of discussion.

1. At present there is no necessity of filing another case in the Court. Because there are already 3 cases are pending in the SC, and another 41 cases are being transferred to SC. They may reject the fresh cases at the admission level itself. Pl see the 3rd para of the welcome speech of Sri Ashok Rao in the Record Note. It may be a futile exercise.

2. If any fresh case has to be filed we have to try only in SC not in HC.

3. If we want to file a case it's better to try jointly as intervener.

4. The cost will depend upon the Advocate & no of petitioners involved. No clarity about the cost.

5. Now Delhi based Task Force has been created  under the leadership of Kohliji, Ashok Rao & NK Sharma(convener). They are approaching various Advocates & experts in this matter. Task Force's plan of action is explained in the Record Note. I don't want to repeat again. 

Their final plan is to file an intervention case in SC after the Kerala High Court Order. They are thinking of creating 3 or 4 different cognate groups like public sector, private sector. Banks etc & to appoint one leading senior, reputed Advocate for all the groups. The filing of case is only through Reg Organisations representing lakhs of petitioners. No individual cases to be filed. If the volume of petitioners are more & a Sr Advocate handle the case with fresh evidences and documents then the SC may admit the case & allow the case for hearing. That is the plan of Task Force.

5. We could not collect the feed back on the experience of court case as no petitioners have attended the WS.

6 If the case is going to be filed through Regd Assn then the Office bearers can sign the petition, on behalf of all the Pensioners of that group.

7. Time frame of the final judgement of the SC can't be predicted.

8. For the time being the Task Force is not thinking of collecting any court fees. We have to wait till the Judgement of Kerala High Court. They are thinking of calling another meeting in large scale before taking any final decision.

I think all the points you have mentioned are covered. If anything is left out pl inform.

With kind regards

JS Nagabhushan

&&&&&&&&&&&&&

  Date 28 January 2018

Record Notes of EPS95 Workshop held at Delhi on 21 Jan. 2018

Total of 110 participants, serving as well as retired, from various sectors and different part of country, in a representative status of various Registered and Unregistered associations and some as individuals participated in the workshop. List attached and marked Annexure I

Inauguration:

Sh K Ashok Rao, Co-convener of the workshop (and Chief Patron NCOA ) welcomed the participants both to the venue of the workshop and the workshop. In his welcome address Shri Rao made the following points:

1. This workshop was motivated by the fact that there was little or no coordination between equally placed persons fighting for the same cause. The response to the meeting was very encouraging and every effort would be made to ensure coordination, communication and cooperation. He felt that this could be achieved without creating yet another formal organisation.

2. That the Creation of exempt category was arbitrary. The sanction order for disbursement of pension to a pensioner is executed directly by the EPFO with no reference whatsoever to his/her erstwhile employer. How then, can an “umbilical cord” be introduced in the matter of revision of the sanction order? In any case, based on various court orders, pensioners, from some, “exempt” category establishments for Provident Fund, have already received revised pension. Any circular that debars similarly situated persons is quite obviously violative of Article 14 of the Constitution of India.

3. In view of the latest order of the Hon’ble Supreme Court it was futile to agitate the issues in any court of law anywhere in India. There was no choice but to await the Judgement of the Kerala High Court and respond to the follow up action that is taken by EPFO in the Hon’ble Supreme Court.

4. The co-convenors of the workshop had met the employee representative members of the CBT. They were well informed about all the issues. They had rejected the claim of non-viability of the pension scheme due to the inclusion of pensioners from the exempt category establishments. They have demanded that EPFO establish the claim with facts and figures.

Shri Rao introduced the agenda. The house unanimously adopted the agenda

Power point Presentation :

Due to delay in arrival of Sarva/sh. Bairwa (Retd RPFC) and Neeraj Bhargava, Shri N K Sharma made the presentation¹ that covered all aspects of issues being discussed at the workshop.

1 The presentation was prepared by Shri Neeraj Bhargava of National Engg Industries, Jaipur with inputs from Sh P Chandrasekharan (NTPC-Chennai) and vetted by Sh Parveen Kohli and Sh Bairwa.

The salient points of the presentation were:

• EPFO has been changing their stand regularly so as to deny the pension on full salary to employees belonging to exempt category PF trusts, which are nothing but extension counters of PF trusts under EPFO as per act.

• That there is no reason for the Pension Fund to financially collapse, if the benefit is accorded to all employees in spirit of Apex court judgements. The claim of the financial non-viability of pension scheme if the beneficiaries from the exempt category were included was not substantiated with facts and figures.

• The GSRs are illegal as the same have not been ratified by Parliament as per the provisions of Act.

• That the EPS95 was designed to accumulate 8.33% of employer PF share and 1.16% from Govt Support so as to make available 9.49% for the pension scheme probably on lines of Govt Pension Scheme. Whilst pension for the Government employees provides for regular revision and linkage to DA as well but in case of EPS95, commutation and return of Equity has been withdrawn while there is no provision for DA as well.

• The number of employees belonging to Exempted organisations is negligible (around 5 %) as compared to others.

• That the fund is reporting regular increase in corpus and interest earnings over the past period.

• The actuarial valuation carried out in the past are devoid of real/actual data as required to carry out the valuation, even the basic input data relating to age/DOB and other demographic profiles are not available with EPFO for carrying out meaningful actuarial valuations. EPFO must establish credible evidence of non-viability of scheme based on real data.

• There is no record of Govt Subsidies to meet the provisions of Min Basic Pensions as declared by GOI.

• The payout is likely to be reduced by linkage of AADHAR to PPO.

Legal Aspects Q&A session

Shri Vasudevan Advocate On Record, Supreme Court :

1. Detailed the legal issues involved in the matter of EPS 95 and the cases filed in various courts.

2. Payment of differential only and also the payment of interest on arrears should also be prayed if EPFO seeks to charge up-to date Interest on contributions, post the date of retirement

3. Discussed in detail various scenarios that might emerge after Kerala High Court judgement. He opined that various options will be available to become a party in Apex court.

4. That all other issues also need to be covered in the relevant case(s) that might have to be filed, post SC directions relating to further proceedings in Transfer Petition.

5. That issues arising out of GSRs as well as denial of Enhanced full salary pension to post Sept 14 retirees in Exempted as well as Unexempted organisations need to be addressed.

6. Judgement of Hon’ble Supreme court will be applicable to one and all.

During the course of deliberations, it emerged that EPFO has not even extended the benefit to ITI Bangalore despite court orders of the Karnataka High Court in the ITI case. It was also shared that in a similar case of IL Kota a review petition was filed and the same has now been referred to in TP. Further, a view emerged that existing serving employees (exempt and un exempt), in consultation with their employers, should explore the possibility for the extension of EPS95 benefits on full salary.

EPS95 related Q&A

Shri Bairwa made the following points:

1. EPFO is not right in taking a position to discriminate employees as far as EPS95 coverage for pension is concerned.

2. The category of exempt establishments was entirely incorrect. Even in the matter of Provident fund administration the exempt category did not have any discretionary powers and/ or autonomy. In effect they are merely extension counters of the EPFO.

3. The stand of EPFO regarding inability to do account adjustments was not correct. He cited the example of PF account being adjusted in the case of a person who switches jobs from Exempt to unexempt or vice versa.

4. The approach of EPFO to deny the benefit of pension on full salary to post Sept 14 retirees of Exempt as well as unexempt organisations is malafide and as such might lead to more litigations.

5. Besides litigation, efforts should be made to resolve the issues bilaterally through personal meetings with CPFC.

6. Some GSRs are not legitimate and are detrimental to the growth of the fund.

7. As the required data for actuarial valuation is missing in terms of quantum and quality the derivatives cannot be presumed to be realistic and representative.

Panel Discussion

Shri Bairwa gave clarifications on the doubts relating to EPS95 provisions. Sarva/Shri Parveen Kohli and Ashok Rao moderated the discussion and gave the necessary clarifications on other issues. While most of the aspects were deliberated S/Sh Prakash Shrimal, CK Paliwal, KC Kapas , S P Jaiswal and others also reiterated the common views and expressed all sorts of support for the action plan.

Future course of action

The future course of action was discussed and finalized unanimously.

Litigation

1. Based on the presentation and discussion it was obvious that no action was either warranted or possible until the reserved Judgement was delivered by the Hob’ble High Court of Kerala, based on that either the EPFO or the petitioners might move the Supreme Court. Others affected could file an intervention /Writ petition.

2. In order to ensure that such petition is admitted by the Hon’ble Supreme Court the petition should be as representative as possible. Therefore the petitioners would be one from each of the cognate groups – public sector, private sector, banks, electricity boards etc. Those who may have reason to feel they are not represented by such petitioners, could, through an affidavit, declare that they adopt the petition and may be treated as a co-petitioner. This would enable a few thousand of organisations/gps to be represented by a single petition.

3. Decisions relating to prayer, grounds and petitioners are best advised by the lawyers.

Non-litigation path

1. Since the Government functionaries were not inclined to have a dialogue and seek an out of court settlement, it was decided to demonstrate the resentment amongst lakhs of pensioners as well as the representative character.

2. In order to achieve 1 above it was decided to hold a dharna in front of the EPFO offices all across the country on the same day.

3. The participants of the demonstration would submit to the EPFO office located at the place of Dharna an identical memorandum addressed to the Prime Minister of India.

Final decisions of the workshop

1. Resolution attached and marked Annexure 2 was adopted unanimously.

2. A task force was formed of those who volunteered to be on the task force. For practical reasons the task force was limited to those residing in the NCR.

3. The task force would consist of : Sarva/Shri K Ashok Rao : Gurmukh Singh NTPC, Khem Singh Abrol- NFL Panipat, S .C. Moton-STC, Satish Mehta –CADILA, K K Mehta – DSIIDC, OMPAL SINGH- FCI; Shri N K Sharma would be the Convenor

4. The Task Force would do the following:

a) Provide coordination and communication with regional representatives in order to seek and forge the cooperation of as large and diverse a number of organisations and individuals as may be possible in order to present a representative character and status to the Courts and the Government.

b) To analyse the judgement of the High Court of Kerala and consequent action taken by the petitioners/ respondent.

c) To prepare an intervention petition.

d) To circulate the intervention/Writ petition prepared and convene a meeting for adoption of the petition and facilitate its filing.

All further decisions would be taken by the meeting convened under 4 d) above.

Details of collection and expense were presented and adopted by the meeting. Details attached and marked Annexure 3.

As the agenda had been finished by 1645 Hrs, Meeting ended with a vote of thanks to the organizers and the participants of the workshop.

ANNEXURE-2

Adopted Resolution

This meeting held in Delhi on the 21^st January 2018, attended by those related to and affected by the Employees’ Pension Funds 1995 do hereby resolve:

1.     That they recognise that Hon’ble Supreme Court, had through its order, established that any member who was a part of the EPS 95 has a right to have his/ her pension revised based on giving an option that was denied when EPS 95 was introduced and or at various stages of its implementation.

2.     That the categorisation of establishments as “exempt” relates to Employee Provident Fund and not to the Pension scheme.

3.     That the distinction made between “exempt” and other establishments is untenable and wrong in law.

4.     That there have been various challenges, to the above categorisation and consequent denial of revision of pension, in various courts and that the Supreme Court in its order dated 15^th December 2017 had deferred hearing the matter until the Kerala High Court judgement was available for adjudication.

5.     In recognition of the above, this meeting, decided that there was a need to open channels of communication and co-ordination between various groups related to and affected by EPS 95. This was necessary in order to focus the challenge and consolidate effort and resources. Towards achieving this objective, it was decided to

a)  i)Bring various groups together in various cities across the country and

ii) Send a message to the Govt. of India that there is consolidation and co-ordination amongst various affected groups.

b) In order to achieve a) above it was decided to

       i.            Form a task force and

    ii.            to Organize a dharna at all state capitals so that various groups located in various cities are able to meet each other and form a consolidated force.

c) The task force formed under b) above would

i)                  In consultation with lawyers and experts prepare a response to the outcome of the Kerala High Court Judgement and the likely appeals that may be filed in the Supreme Court.

ii)               Circulate the response prepared and convene another similar meeting where the legal strategy and way forward would be decided and

iii)            Draft a letter to the Prime Minister and Minister for Labour Govt. of India that would be send from different places at the end of the proposed dharna.

6.     This meeting decided to place the funds collected for this meeting less the expenditure in the custody of the task force to be used for the tasks assigned under 5 above.

With warm regards,

--

Dr.V.N.Sharma, Chairman

Federation of Retired SAIL Employees (Regd)

Agenda for FAC Meeting at Kolkata on Feb 12-13, 2018

Please click on the link 

https://tinyurl.com/kolkata-fac

to see the Agenda for Kolkata meeting of the FORSE Apex Council on Feb 12-13, 2018

Participation in Delhi EPS 95 Meeting on 21st Jan 2018

Dear SAIL Retiree,

This is to inform you that a PSU Group led by Sri Ashok Rao, the Patron of NCOA is organising a Open Forum workshop on EPS 95 in Delhi on 21st Jan. Sunday for better understanding of the issue in and out of court. The circular with highlights from me is attached herewith.                                                                                                                                                                               

As it is self financed meeting,  the individual participant has to pay Rs.500 to the Bank Account of Sri Naresh Kumar Sharma, Ac No.05031000126107, IFSC HDFC0000503, B6, Safdurjung Enclave, Deer Park Branch.(circular attached)                

In case you are interested in getting first hand information by participating in the meeting to clear your doubts or to update yourself please plan your trip to Delhi accordingly and send the details of the trip to Delhi with the Name, Age, Unit from where Retired, Transaction No. of payment, Phone No. & e-mail id by 15th January 2018 to Sri NK Sharma on phone No. 09650996559 and e-mail id <eps95workshop@gmail.com> so that necessary arrangements are made. Please send a copy to us too.

It is individual's choice and not obligatory on any of the members.

                                                                                                                                                               

Letter to PM for withdrawal of FRDI Bill 2017

A Report on yesterday's Dharna @EPFO Ranchi:

BSREA, Bokaro; SAIL Ex-Employees Associan, Ranchi & SRU, Ramgarh and Bokaro conducted a joint Dharna and Demonstration in front of EPFO Ranchi.  A delegation led by Dr.V.N.Sharma consisting of Sri Ram Agar Singh, Sri SNP Gupta, Sri Emmanuel Kuzur, Sri A.N Sahay and Sri J. Bose met Dr. V.P. Singh, Addl CPFC & Ms S.K.Sangma, RPFC , Ranchi and presented a Memo and discussed the issue of urgent decision on payment of full pension to Retirees of SAIL and others belonging to Exempted Establishment. Both the EPFO Officers assured that they will forward our Memo with favourable comment. However, the decision will be taken by CBT and higher level.  The Meeting and Dharna , Demonstration ended after a vote of thanks proposed by FORSE Chairman.

फोर्स चेयरमैन डा. वी. एन. शर्मा के नेतृत्व में बोकारो स्टील रिटायर्ड इम्प्लॉईज़ एसोसिएशन, बोकारो; सेल पूर्व कर्मचारी एसोसिएशन , रांची और एसआरयू, रामगढ़ और बोकारो ने ईपीएफओ रांची के सामने संयुक्त धरना और प्रदर्शन का आयोजन किया। डा. वी. एन. शर्मा के नेतृत्व में श्री राम आगर सिंह, श्री एसएनपी गुप्ता, श्री इमानुएल कुजुर, श्री ए एन सहाय और श्री जे बोस का एक प्रतिनिधिमंडल डॉ वी.पी. सिंह, अतिरिक्त सीपीएफसी और श्रीमती एस के संगमा, आरपीएफसी, रांची को एक मेमोरेंडम पेश किया और सेल के सेवानिवृत्त और छूट प्राप्त प्रतिष्ठान से संबंधित अन्य लोगों के लिए पूर्ण पेंशन पर तत्काल निर्णय के मुद्दे पर चर्चा की। दोनों ईपीएफओ अधिकारियों ने आश्वासन दिया कि वे हमारे मेमो को अनुकूल टिप्पणी के साथ अग्रेषित करेंगे। हालांकि, निर्णय सीबीटी और उच्च स्तर पर लिया जाएगा। यह बैठक और धरना प्रदर्शन का कार्यक्रम फोर्स चेयरमैन के धन्यवाद ज्ञापन के साथ समाप्त हुआ।