Monday, 21 April 2014

CDM Seminar: Enhancement of Pension: Compensating for Truncated Career



Notes:

From the seminar held at CDM on 5 Mar 14

Words in parenthesis ( ) are inserted by Aerial View to make for easier reading.

Certain parts, such as salutations have been edited out (indicated by missing paragraphs) but the gist has been re-typed intact.

Enhancement of Pension: Compensating for Truncated career

Col Ganesan Muthu Kumar SM

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Xxxxxxxxxxxxxxxxxx

6.       Let us see the definition of Pension. What was it? Was it really a bounty? No. The Hon’ble Supreme Court has made it amply clear that that it is the justified, rightful remuneration for the greatest duty performed in the service of the Nation………

7.       Let us look at what other countries are doing. It is not a question of developing versus developed nations etc. If we consider only democratically run Governments where the Military does not call the shots, even then we can see the world over nations going miles to make the lives of Veterans better. In the USA, the pension can reach up to 100% of the basic pay for those who have served 40 years and the pension or compensation depends on Consumer Price Index, which means the pension depends on the cost of living of the day!

8.       In the UK, one of the best pension schemes which is dependent on the last salary drawn and the terms of Service. The Veterans also get a lump sum after 18 years. Even with very less service, one can expect a pension till the age of 65 years. There are many countries that offer severance pay or some form of the Golden hand-shake…. 

9.       The scope of the study group was, therefore very clear. The approach was deliberate. A wide cross-section of people was contacted. Huge number of responses was received amounting to more than 7500 of which Army, Navy and Air Force were represented by 75, 4 and 21 percent respectively.   

11.     If we see the Armed Forces pay and pension milestones, the first CPC was sympathetic to the Veterans, and so were the Post-War Committee for Defence Personnel as also the Armed Forces Pension Review Committee. The Second CPC was also indulgent towards military personnel. Raghuramaiah Committee had also given some good recommendations and had equated military officers with those of the IPS. The huge decline as seen today started after the 4th CPC right till 6th CPC.    

12.     The higher edge that soldiers had over their civilian counterparts till the 3rd CPC has now been lost and reverse progression have truly reached a state of concern. If we compare present and past pensions, the following is evident: -

ANALYSIS
Comparison of Pension: 1935-53

Armed Forces Personnel    : 50-100%
(2nd Lt to Maj Gen)

Civilian Govt employee:        37-50%  
Armed Forces eligible for pension after 15 years service

Civilian counterpart eligible for pension after 25 years service
COAS at Rs 1000 compared to Rs 416/- for top civil servant
As on date pension increase 45 times for COAS  and 108 times for top civil servant
Pension of Armed Forces higher than civilian till 3rd CPC

13.     The general pension as such today is what you are already aware of which amounts to only 50% of the last drawn pay with a gratuity ceiling of Rs 10 lakh and the commutation pegged at 50% for a time frame of 15 years. It is topped with a leave encashment of only 300 days, immaterial of the actual number of days one could not avail his leave due to exigencies of service.  

14.     It is seen that the military man enters service early and also exits also quite early. His civilian counterpart may enter service a few years later but continues to serve till such time he retires, generally at 60 years of age of the maximum retirement age thereby demitting office with a higher pay and going home, consequently, with a higher pension. All this results in a huge difference with the military person losing about 16 years of service.

15.     Hence the disadvantages faced by the military men are many. Incomplete family responsibilities are frightening. Not every individual picks up a job. Lateral absorption assured by the Govt in 6 CPC has not really been fulfilled, with inter and intra Ministries not helping the young Veteran.  

16.     The Home Ministry has not paid much heed to the Kargil review Committee or other respected voices for lateral absorption and saving on training and recruitment costs resulting in wastage of skilled manpower. Then, when the military man reaches senior ages, the reduced medical fitness, mostly aggravated by life conditions and stresses of a typical service life, loses out even more.   

17.     Hence the study group arrived at a point that there is need to enhance the pension by X factor. This X factor had to be calculated scientifically and realistically. Instead of the 50% that we get today, it needs to be enhanced to 50% + X factor with DA on the whole sum. There were three models that were considered.

Model I

18.     Since the maximum personnel in PBOR retire at the ranks of Havildar and Subedar and maximum number of officers retired in the ranks of Colonels and Brigadiers, these four career paths were chosen to flow with that of their equivalent civilian counterparts. A few logical assumptions were made such as incorporating their respective ACP (Assured Career Progression), the Pay Commissions, increments etc. Common benefits like travel and medical allowances/entitlements were left out. Benefits unique to the Armed Forces like entitle rations and CSD were factored in. Pay commission rises, increments were also factored in. Hence the lifetime emoluments were calculated as judiciously and as accurately as possible. Thus the lifetime disparities between the two classes were calculated. In the case of Havildars it was seen that an approximate amount of Rs One crore and nine lakhs was the net lifetime disparity and can be seen from the table below. In their case an X factor or necessary hike in pension works out to be 24.7% 

Life time Emoluments
Retd as Havildar
Civilian equivalent
1991: Joins at age 19
1997: Joins at age 25
2016: retires at age 44
2032: retires at age 60
Gen pension till 66
Gen pension till 66
Family pension for 7 years
Family pension for 7 years
Life expectancy Male (2011 est) – 66.08 years
Life expectancy Female (2011 est) – 68.33 years
Wife’s assumed age 5 years less than husband

Havildar
Civilian equivalent
Net pay
Rs 46, 84, 436
2, 14, 36, 927
Net pension
2,21,18,291
1, 68, 71, 254
Misc
5, 69, 670

Total
2,73, 72, 398
3, 83, 08, 181
Net disadvantage to Havildar
1, 09, 35, 785
Disparity as percentage of net pension
49.4%
X factor (= 49.4 / 2)
24.7%
Pension
81%
44%
Pay
17%
56%
Misc
2%
-
RECOMMENDATION
Retiree Groups
Disparity (%)
Weighted mean
Havildar (and below)
24.7
24.7 x 0.72 + 19.6 x 0.28 = 23.3%
Subedar (and above)
19.6
Colonel (and below)
16.6
16.65 x 0.90 + 10.3 x 0.10 = 16%
Brigadier (and above)
10.3
X Factor = 22.6%






19.     Hence, the lifetime emoluments and disparities were calculated for all four career paths and finally a weighted mean was arrived at to derive the X factor, which worked out to be 22.6%. 

Model II

20.     Quantification using lifetime paths for both civilians and military counterparts was worked out. Last five years data was surveyed as to how many personnel retire in what ranks and accordingly average retirement age and average emoluments were worked out and compared. Male and female expectancies as on date were also factored in. Wife’s age as per common Indian customs was taken to be 5 years younger that the husband’s so as to work out the family pension. Details are given below:  

AVERAGE AGE OF RETIREMENT: JCO/OR

Army
Navy
Air Force
Overall
Service-wise % of borne strength
0.88
0.04
0.08


Age
% of total
Age
% of total
Age
% of total

Average of recruitment of JCO/OR
19

20

20


Retirement age of Sep/Eq in years
38
0.12





Retirement age of Naik/Eq in years
43
0.1





Retirement age of Hav/Eq in years
45
0.42
45
0.78
54
0.76

Retirement age of Nb Sub/Eq in years
47
0.04
49
0.15
54
0.14

Retirement age of Sub/Eq in years
49
0.27
52
0.05
54
0.06

Retirement of Sub Maj/Eq in years
51
0.05
54
0.02
54
0.04

Average age of retirement
45.42

46.13

54

46.3748
Length of service of PBOR
26.42

26.13

37

27.2548
COMPARISON MODEL – PBOR

Post retirement of JCO/OR vis-à-vis Civilian
Average Pension Drawn (PBOR)
9734
Average Pay Drawn (Civilian) 46.37-60 years
17890
Average Last Pay drawn (civilian)
20850
Difference in carry home pay
Age
JCO/OR
Civilian
46.37
60
15, 91, 546
29, 25, 173
60
66.08
7, 10, 199
7, 60, 592
61.08
68.33
28, 09, 863
42, 29, 939
Loss in carry home income to JCO/OR – Rs 14, 20, 076
Pension to compensate for loss – 75.27% of last pay drawn by JCO/OR








COMPARISON MODEL – OFFICERS

Post retirement of JCO/OR vis-à-vis Civilian
Average Pension Drawn (Officer)
34025
Average Pay Drawn (Civilian) 54.3-60 years
71504
Average Last Pay drawn (civilian)
35742
Difference in carry home pay
Age
Officer
Civilian
54.3
60
24, 27, 942
48, 92, 198
60
66.08
24, 82, 441
26, 08, 440
61.08
68.33
17, 76, 089
18, 66, 236
Total
65, 86, 472
93, 66, 874
Loss in carry home income to Officer – Rs 27, 80, 402
Pension to compensate for loss – 71.1% of last pay drawn by Officer







21.     Hence, comparison models for officers and PBOR were arrived at showing the respective losses in carry home pay and hence the X factor was worked out to be 25% at an average.  

Model III

22.     In some countries the Reference Pension model was used. It was also used in the UK. The Chief’s pension was pegged as the reference and the other rates were fixed at approximated percentages of the reference pension. In olden days, as discussed earlier, the Chief’s pension comparison would have had huge benefits and since military pension had considerable edge over civilian counterparts. However, in today’s scenario, though the Chief’s pay is pegged equal to their Cabinet Secretary, while working out it was seen that the pension calculated by a reference formula giving adequate weightage also to the number of years of service tenanted did come up with better prospective (QYS – qualifying years of service). The model is given below: 

         
MODEL: REFERENCE PENSION
Rank
Amount
Percentage
QYS
COAS
1000
100
30
Lt Gen
950
95
30
Lt Gen
900
90
30
Maj Gen
875
87.5
30
Brig
825
82.5
28
Col
750
75
24
Lt Col
675
67.5
20
Sub Major
400
40
24
Sub
320
32
23
Nb Sub
300
30
21
Hav
280
28
19
Naik
250
25
17
Sep
220
22
15


Rank
Max Pension Post 2006
R% wrt Chief’s Pension
Pension at R%
Increase in pension
Sub Maj
13425
40
18000
4575
Sub
11970
36
16200
4230
Nb Sub
10675
33
14850
4175
Hav
10029
30
13500
3471
Naik
7725
26
11250
3525
Sep
7720
22
9900
2180

23.     After all models were worked out, along with inputs from the environment, discussion took place. Informed views were sought and after working out with sufficient inputs, and as an alternative option to the Govt, something like a Golden Handshake was looked at. Severance Pay or Overtime Pay Out places a lesser burden on the Govt by a formula of 25% of last pay drawn for the number of years of age subtracted from 60 was looked at. This was called the severance package formula. It was working out to be Rs 1800 crores for PBOR, Rs 130 crores for officers and Rs 3500 crores for all three services taking into account average number of retirees per year.

Disability Pension

24.     Some other aspects were also looked at. I would like to touch upon them in a macro fashion, although the study team did look into it very minutely. The first one is about disability pension. There is a section in the “Person With Disability Act 1995” Section 47 which states that a disabled person cannot be denied pension merely on the ground of disability and that he will continue to earn pay as well as pension like other regular counterparts. This section was modified to exempt the Armed Forces in a gazetted notification dated 13 Apr 02. Although the aim was noble as the Armed Forces personnel need to be active and medically fit, it affected natural justice as it led to huge inequality with respect to civilian counterparts who would invariably continue to serve till the age of 60 years or the retirement age, and this when the odds to get disabled are much more in the case of Armed Forces personnel due to conditions of service.  

25.     It was recommended that either by parallel absorption in other Central Govt posts or in some other manner that disabled Armed Forces personnel need to be cared for and supported in the same manner as the civilian employees without forcing them out of service with minimal benefits, (which are habitually challenged by DESW – Aerial View).

Broad banding of Pension

26.     The broad-banding or reading 1% to 49% as 50%, 50% to70% as 75% and 76% to 99% as 100% was applicable only to certain categories and not to all. Accordingly, it could be surmised that broad banding being a benevolent consideration being meted out to the disabled personnel can be actually (and) pragmatically extended to all since omitting certain categories arbitrarily is not justified. For example, those superannuating from service with disabilities as per current policies, will not be eligible for broad banding. It was accordingly recommended that such anomalies must be done away with. It was brought out that individuals going home with disability on superannuation also need to get the benefit of broad banding of disability pension.    

Constant Medical Attendant

27.     There are many Veterans who take to bed due to various illnesses and accidents and need to be cared for around the clock with human assistance. At present, the entitlement for a constant medical attendant subject to current provisions is not useful since their emoluments are restricted to Rs 3000. This is in huge contrast to even, what in minimal, stands for with sufficient calories in food, essential clothing, medical care for self etc. It is difficult for such attendants to survive today on Rs 3000.   

28.     Hence, it was recommended that such constant medical attendants would need to be paid (remuneration) equal to PB 1 with DA or at least the minimum wages prevailing in the Area or Sub-Area. In addition, it was recommended that two attendants be authorised for 24 x 7 care. 

Family Pension

29.     There are four types of Family pension. Ordinary family pension is paid to all widows in case of death in service and if neither aggravated nor attributable to service which amounts to 30% of last reckonable emoluments. Enhanced Ordinary Family Pension (EFP) is applicable when personnel die early and is 50% of last reckonable emoluments for 10 years if the personnel was serving at the time of death and 7 years if after retirement, as well as 60% of last reckonable emoluments if aggravated due to service, and 100% of last reckonable emoluments if death occurred in the face of enemy.     

30.     The fact that the family pension (being reduced to) 30% once the head of the family dies was causing untold hardships, as that point when the family needs maximum financial resources, the study team recommended that ordinary family pension should remain at 50%.

SUMMARY OF RECOMMENDATIONS
Increase general pension as per models
Sec 47 to be made applicable to Armed Forces
Disability whilst on leave to be made attributable to service
Applicability of broad banding to all categories of disability pension
Increase in constant attendant allowance
No change in family pension on the demise of pensioner

OROP

COMPARATIVE ANALYSIS: PRE AND POST 2006 PENSION
AS ON DATE
Rank
Pre-2006 pension as on 24.9.2012
Post 2006 Average Pension
Difference
Maj
18205
-
-
Lt Col
26265
34000
7735
Colonel
27795
35000
7205
Brigadier
29145
36500
7355
Maj Gen
30350
38500
8150
Lt Gen (HAG)
36500
40000
3500
Lt Gen (HAG+)
40000
40000
-
COAS
45000
45000
-



ONE TIME INCREASE TO EQUAL WITH POST-2006 PENSION
Rank
Pension on 24.10.12
Post 2006 Avg Pension
Diff
No. of pre-2006 officers pensioners
Monthly Financial implication
Maj
18205
-
-
-
-
Lt Col
26265
34000
7735
12490 + Maj 1294
106619240
Col
27795
35000
7205
9037
65111585
Brig
29145
36500
7355
7891
58038305
Maj Gen
30350
38500
8150
3428
27938200
Lt Gen (HAG)
36500
40000
3500
1266
4431000
Total
26,21,38,330

Annual Financial implication: Rs 559 crores


P.S:  Rest of the text (8 paragraphs) on OROP has been omitted as the matter is under active consideration of MoD, Service HQ, CGDA and some ESM - Aerial View

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Concluded

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