4. Eligibility for pension . - (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 [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 PS-1:[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 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, alongwith 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.][(2-A) 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 nine months from the date of this notification and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form PS-1.] [Inserted by G.S.R. 16(E), dated 9.1.2002 (w.e.f. 9.1.2002). ][(2-AA) An employee who has not opted for the Coal Mines Family Pension Scheme, 1971 but is covered by the Provident Fund Scheme, may be (sic) opt for pension under the provisions of this Scheme within a period of three hundred and sixty days from the date of this notification and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form PS-1.] [Inserted by G.S.R. 154(E), dated 5.3.2009 (w.e.f. 5.3.2009). ][(2-B) An ex-employee who had not opted for the Coal Mines Family Pension Scheme, 1971 but was covered by the Coal Mines Provident Fund Scheme and had [superannuated or died including a member died while in service] [Inserted by G.S.R. 482(E), dated 8.7.2002 (w.r.e.f. 31.3.1998). ] within 1-4-1994 to 31-3-1998 may opt for pension under the provisions of this Scheme within a period of nine months from the date of this notification in the Official Gazette and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form PS-1:Provided that an ex-employee exercising the option under the provisions of this sub-paragraph shall have to deposit in the pension fund either in cash 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 1st 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 contribution to the Coal Mines Family Pension Scheme, 1971.](2C)[ Where a member had exercised his option in Form PS-1 in place of Form PS-2 or vice versa and/or where the member has filled up Form PS-3 and/or PS-4, it shall be presumed that the member had the intention to join the Coal Mines Pension Scheme, 1998 and his membership to the Pension Scheme shall be considered confirmed in such cases.] [Inserted by Notification No. G.S.R. 774(E) dated 22.10.2009 (w.e.f. 31.3.1998)](3)An employee joining the service on or after the appointed day shall be governed by the provisions of this Scheme from the date of his joining.(4)An employee who was a member of the Coal Mines Family Pension Scheme, 1971 on the date of his [superannuation or date of his retirement,] [Substituted by G.S.R. 108(E), dated 13.2.2003, for " superannuation or retirement" (w.r.e.f. 31.3.1998). ] on or after the first day of April, 1994, may also opt for the pension under the provisions of this Scheme from the date of his [superannuation or date of his retirement,] [ Substituted by G.S.R. 108(E), dated 13.2.2003, for " superannuation or retirement" (w.r.e.f. 31.3.1998).] within a period of [three hundred and sixty-six days] [Substituted by G.S.R. 218(E), dated 22.3.1999, for " 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 or the deemed optee in Form PS-2 [and a member who [died including a member died while in service] [Inserted by G.S.R. 689(E), dated 29.8.2000 (w.r.e.f. 31.3.1998). ] on or after the first day of April, 1994 to the appointed date shall be deemed to have exercised the option of joining the Scheme on the date of his death] [Substituted by G.S.R. 256(E), dated 12.4.2001. ]:Provided that an employee exercising his option [or the deemed optee] [Inserted by G.S.R. 108(E), dated 13.2.2003 (w.r.e.f. 31.3.1998). ] under the provisions of this sub-paragraph, shall have to deposit in the Pension Fund in cash the amounts received by him on or after the date of his [superannuation or date of his retirement,] [Substituted by G.S.R. 108(E), dated 13.2.2003, for " superannuation or retirement" (w.r.e.f. 31.3.1998). ] by way of--(a)retirement-cum-withdrawal benefits accrued under the provisions of the Coal Mines Family Pension Scheme, 1971;(b)an amount equivalent to two per cent. of the salary of the employee from the first day of April, 1989 till the date of his [superannuation or date of his retirement] [Substituted by G.S.R. 108(E), dated 13.2.2003, for " superannuation or retirement" (w.r.e.f. 31.3.1998). ];(c)an amount equivalent to one increment to be calculated on the basis of the salary of the employee as on the first day of July, 1995 from the first day of July, 1995 till the date of his [superannuation or date of his retirement] [Substituted by G.S.R. 108(E), dated 13.2.2003, for " superannuation or retirement" (w.r.e.f. 31.3.1998). ];[alongwith] [Substituted by G.S.R. 269(E), dated 25.5.1998 (w.e.f. 25.5.1998). ] interest at the rate of 8.5 per cent. per annum for the period from the date of receipt of such sums to the date of exercising the option.[(4-A) An employee, who was a member of the Coal Mines Family Pension Scheme, 1971, on the date of his superannuation or retirement on or after the first day of April, 1994, may also opt for the pension under the provisions of this Scheme from the date of his superannuation or retirement within a period of nine months from the date of this notification and he shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form PS-2.] [Inserted by G.S.R. 16(E), dated 9.1.2002 (w.e.f. 9.1.2002). ][(4-AA) An employee who was a member of the Coal Mines Family Pension Scheme, 1971 on the date of his superannuation or retirement on or after the first day of April, 1994 may also opt for the pension under the provisions of this Scheme from the date of his superannuation or retirement within a period of three hundred and sixty days from the date of this notification. He shall be deemed to have become the member of the Scheme from the date of his exercising the option in Form PS-2.Explanation . - The Gazette Notification for extension of time in respect of submission of Form PS-1 and PS-2 was published on 9th January, 2002 and the submission date expired on 8th October, 2002 and some eligible members could not exercise their options for pension in the stipulated time. Therefore, the present amendment shall make them eligible under the Pension Scheme.] [Inserted by G.S.R. 154(E), dated 5.3.2009 (w.e.f. 5.3.2009). ](5)[ An employee, who was a member of the Central Coalfields Limited Staff Provident Fund, Darbhanga House, Ranchi, hereinafter referred to as CCLSPF, or the Coal Mines Authority Limited Staff Provident Fund constituted under the Coal Mines Nationalisation Provident Fund Rule, 1976, hereinafter referred as CMALSPF retired or superannuated on or after first day of April, 1994 or has become the member of Coal Mines Provident Fund, shall be deemed to have become the member of this Scheme and eligible to draw pension from the date, following the date of superannuation or retirement in respect of members superannuated or retired on or before 7th October, 2002, and other members as per the provisions of this Scheme from 8th October, 2002:Provided the employee or the ex-employee or the family (in the event of death of an ex-employee) deposits into the pension fund the arrears, equivalent to the amounts specified in clauses (b), (c), (d), (e) and (f) of paragraph 3, along with interest till the date of deposit from the first day of March, 1971, or the date of joining service, whichever is later, till 7th October, 2002 or the date of superannuation or retirement, as the case may be, by way of authorising transfer of such amounts from his/her provident fund accumulations, in respect of members who have not withdrawn their Provident Fund accumulations, and for other member's cases, by way of Demand Draft.Note . - For the purpose of this paragraph,--(i)A deemed member under this paragraph shall have the option not to join this scheme. For this, he shall inform the Commissioner in writing within one year from the date of publication of this notification. The option once exercised shall be final.(ii)The amounts specified in clause (b) of paragraph 3 shall carry an interest at the rates admissible to Coal Mines Provident Fund members, for clauses (c) and (d) of paragraph 3, at the rate of 12% per annum and the amounts under clause (e) of paragraph 3, at such rate, fixed by the Central Government from time to time credited interest in its contributions to the Coal Mines Family Pension Scheme, 1971 till 31-3-1998, and at the rate of 8.5% with effect from 1-4-1998.(iii)The pensionable service shall be counted in terms of paragraph 2(o) deeming that they were the members of ceased Coal Mines Family Pension Scheme, 1971 or Coal Mines Pension Scheme, 1998, as the case may be, from 1-3-1971 or from the date of joining into CMALSPF or CCLSPF, whichever is later till 7th October, 2002 or date of superannuation or retirement, as the case may be.(iv)In case of any dispute regarding pensionable service the decision of the Commissioner shall be final.]
