NPS To OPS – National Pension Scheme to Old Pension Scheme Latest News, Order, and Judgement 2024
Latest News About Conversion of NPS to OPS for Central Govt Employees
(National Pension System To Old Pension Scheme)
NPS to OPS: The recent news regarding the conversion of the National Pension System (NPS) to the Old Pension Scheme (OPS) for central government employees has sparked interest and raised questions about the effectiveness of the current pension system in India. As retirement is a significant milestone for individuals, especially government employees, it is crucial to examine the advantages and disadvantages of the existing pension scheme and determine whether it requires amendments.
In this regard, we will analyze the current pension system offered to government employees in India and assess its impact on retirees, along with identifying potential changes that can be made to enhance it. While the NPS is a government-sponsored retirement scheme available to all Indian citizens who are employed, it is a defined contribution scheme that provides flexibility, choice, and liquidity. However, there are certain limitations on the type of employment that can be used with it.
Therefore, it is necessary to evaluate the pension system’s effectiveness and determine whether the conversion of NPS to OPS for central government employees would be beneficial. This analysis will assist in identifying potential improvements that can be made to the existing pension scheme to ensure the financial security of government employees during their retirement years.
NPS to OPS DoPT Order on 3.3.2023
On March 3, 2023, the Department of Personnel and Training (DoPT) released a significant order concerning the transition from the National Pension System (NPS) to the Old Pension Scheme (OPS) for specific Central Government employees. The DoPT has declared that qualified Central Government workers who were employed before the introduction of the NPS on December 22, 2003, and were subsequently incorporated under it upon joining service on or after January 1, 2004, are now permitted to switch from the NPS to the OPS. This one-time choice to be covered under the CCS (Pension) Rules, 1972 (now 2021) can be exercised by eligible Government employees until August 31, 2023. To learn more about this development, please click on the provided link.
1.1.2004 is a Deadline for Central Government Employees
After 2004 – NPS | Before 2004 – OPS
The Central Government Employees are currently divided into two groups in terms of their pensions: the National Pension System (NPS) Employees and the Old Pension Scheme (OPS) Employees. The New Pension Scheme, which is a contributory pension scheme, was introduced on January 1, 2004. As per this scheme, employees who joined after 1.1.2004 were enrolled in the NPS. However, there has been a growing demand among Central Government Employees to do away with the NPS and restore the OPS. It has now been 15 years since the implementation of the NPS, and the total number of NPS subscribers exceeds 18 lakhs. The Railway Federation AIRF and NFIR have requested an exemption from the NPS and for the reinstatement of the Defined Benefit Pension Scheme (Liberalized Pension Scheme, Railway Services (Pension) Rules 1993). The deadline for Central Government Employees to switch from OPS to NPS was 1.1.2004.
National Pension System Latest News on 15.3.2021
Parliament Question and Answer about NPS
On March 15th, 2021, the latest news regarding the National Pension System (NPS) was released. NPS was implemented by the Government of India as a replacement for the defined benefit pension system. This system became mandatory for all new recruits to the Central Government service (with the exception of the armed forces in the first stage) as of January 1st, 2004. Additionally, since May 1st, 2009, it has been made available to all citizens on a voluntary basis. The shift from the defined benefit, pay-as-you-go pension scheme to the defined contribution pension scheme, NPS, was a conscious decision made by the government due to increasing and unsustainable pension bills. The objective was to allocate limited governmental resources towards more productive and socio-economic sectoral development.
NPS is open for subscription to all citizens of India, resident and non-resident, between the ages of 18 to 65 years. Moreover, individuals who have retired at the age of 60 years can also join NPS and contribute until they reach 65 years of age. Any eligible citizen between the ages of 18 to 65 years can subscribe to NPS and can take advantage of various benefits offered by the scheme.
Contributions made to the NPS Tier-I account up to Rs. 1.50 lakhs are eligible for tax deduction under Section 80CCD (1) and Section 80CCE of the Income Tax Act, 1961. Additionally, an extra tax rebate of Rs. 50,000 is allowed for contributions made to NPS Tier-I under Section 80CCD (1B) of the Income Tax Act, 1961. The employer’s contribution to the Tier 1 account of an employee (up to 14% of the salary for Central Government and up to 10% of the salary in case of other employers) is also tax-exempt under Section 80CCD (2) of the Income Tax Act, 1961, subject to a maximum of Rs. 7.50 lakhs under Section 17(2) (vii) of the Income Tax Act, 1961.
Central Government employees who contribute to Tier II NPS accounts for a fixed period of not less than three years are eligible for deduction under Section 80C. As per Section 10(12A) of the Income Tax Act, 1961, the entire amount withdrawn as a lump sum is tax-free. Partial withdrawal of up to 25% of a subscriber’s own contributions before attaining the age of superannuation is allowed, subject to certain conditions.
Transparency and portability are ensured through online access to the pension account by NPS subscribers across all geographical locations and employment portability. All State Governments have notified NPS for their employees except for West Bengal. According to the Central Recordkeeping Agency (CRA), a total of 2,38,599 subscribers from the State Government of Gujarat have joined NPS as of 27.02.2021, and the total Assets Under Management (AUM) for the State Government of Gujarat are Rs. 14,152.36 cr.
Top News About NPS to OPS:
- Agitational Programme for Scrapping of NPS and Restoration of OPS – Confederation September 21, 2024
- Agitation for Restoration of Old Pension Scheme (OPS) in Railway! February 8, 2024
- NPS to OPS: One-Time Option Last Date Extended to 31.11.2023 November 10, 2023
- Transferring NPS Subscription into GPF Account June 19, 2023
- GPF to be introduced to willing NPS Employees June 19, 2023
- NPS Vs GPF – General Provident Fund Facility to National Pension Scheme Governed Employees June 19, 2023
- NPS Withdrawal Rules – Partial Withdrawal from NPS Procedural Guidelines June 15, 2023
- e-NPS online facility for NPS subscribers to exit and withdrawal June 15, 2023
- Benefit of Gratuity to CG Employees Covered under National Pension System (NPS) June 15, 2023
- Old Pension Scheme for Central Govt Employees Recruited on or before 22.12.2003 June 15, 2023
- Himachal Pradesh Govt Notifies Old Pension Scheme with Effect from Apr 1, 2023 June 15, 2023
- NPS Govt Contribution Rate 14% of Basic Pay + DA June 15, 2023
- Opportunity to switch from NPS to OPS with a one-time choice – NC JCM Staff Side June 15, 2023
- National Convention on Scrapping NPS and Restoring Old Pension Scheme June 15, 2023
- NPS To OPS: Strategy to Achieve Old Pension Scheme – NJCA June 15, 2023
- Scrapping of No Guarantee NPS by NC JCM Staff Side June 15, 2023
- Family Pension to Deceased NPS Employees June 15, 2023
- NPS to OPS for Recruited Against Post or Vacancy Advertised, Notified for Recruitment June 15, 2023
- Government Clarifies on the Significant Requirements for Transitioning from OPS to NPS June 15, 2023
- Options Under CCS NPS Rules to Avail Old Pension Benefits On Death of Govt Employee June 15, 2023
- NPS – TTS: Change in Operational Guidelines for NPS Tier 2 June 15, 2023
- Old Pension Scheme is not considered a feasible proposition in the current scenario – Central Govt June 15, 2023
- Notification regarding Old Pension Scheme: NVS June 15, 2023
- Contract for Old Pension Scheme June 15, 2023
- One time option from National Pension System (NPS) to Old Pension Scheme (OPS) to certain category of Central Govt Employees June 15, 2023
- Setting Up Committee to Review National Pension System for Government Employees June 15, 2023
- NPS to OPS Option for Certain Central Government Employees Last Date 31.8.2023 June 15, 2023
- Processing of death claims requests under Atal Pension Yojana (APY) in view of Covid 19 pandemic June 24, 2020
- Technical Resignation or Voluntary Retirement – Option for induction in Old Pension Scheme – Govt Order June 15, 2020
- Mobility of personnel amongst Central, State and Autonomous Bodies while working under Pensionable establishments June 13, 2020
- NPS to OPS Latest News – Railway employees Selected 1.1.2004 but Joined after 1.1.2004 – NFIR March 19, 2020
- Withdrawal National Pension System (NPS) to CG Employees Recruited On or After 1.1.2004 March 10, 2020
- NPS to OPS Latest News – Amendment in CCS (Pension) Rules 1972 – DoPPW Order Dated 17 February 2020 February 18, 2020
- Overseas Citizenship (OCI) Can Investment in NPS October 31, 2019
- NPS and OPS: National Pension System and Old Pension Scheme September 25, 2019
- Review the Improvement of National Pension System (NPS) September 17, 2019
- New Pension Scheme to Old Pension Scheme – 1st January 2004 is a Dividing line for CG Employees September 16, 2019
- Interest on delayed/non-deposit of National Pension System (NPS) Contribution September 12, 2019
- NPS to OPS: No Proposal to replace NPS with OPS July 17, 2019
- NPS for CG Employees -Setting up of NPS oversight mechanism July 3, 2019
- Withdrawal of resignation by CG Employees covered under NPS – DoPT June 21, 2019
- NPS to OPS: Abolition of Contributory Pension Scheme – Cabinet agenda by the Govt of AP June 12, 2019
- NPS to OPS : Extension of Old Pension Scheme to the Employees Who Were selected During the Year 2003 April 24, 2019
- NPS to OPS: Abolition of NPS and for Restoration of OPS March 25, 2019
- Recognised Political Parties Participating in 17th Lok Sabha General Election: Request to include demands in Election Manifestos March 15, 2019
- Scrap NPS – Restore OPS: NJCA Writes to All Political Parties March 14, 2019
- Proposal to Include in the Election Manifesto to All Parties – NC JCM Staff Side March 13, 2019
- Nationwide Protest by CG Employees Against NPS on 13.03.2019 March 6, 2019
- Guaranteed Pension to CG Employees Governed Under NPS – PFRDA February 15, 2019
- National Pension System to Tripura Govt Employees January 28, 2019
- Withdrawal of Pension Facility in NPS January 3, 2019
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES, AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 589
ANSWERED ON: 20.07.2022
REVERSION TO OLD PENSION SCHEME
589. MS. DEBASREE CHAUDHURI
Will the PRIME MINISTER be please to state:
(a) whether the Supreme Court has dismissed more than half dozen Special Leave Petitions (SLPs) including SLP Nos.15312-15321/2021 and Review Petitions and ordered that Central Government officials whose advertisements were issued before 01/01/2004 and joining and results occurred after 31.12.2003 be reverted back to old pension scheme;
(b) if so, the status of implementation of all such judgements along with the number of employees who have been granted relief therein;
(c) the details of the comments received from the Department of Financial Services and Department of Legal Affairs and the action being taken by the Government for issuing general/executive orders in light of comments received to cover similarly placed employees; and
(d) if not, whether this has led to long litigation process for affected Government employees in the matter which has attained finality and also implemented in some of the judgments, and if so, the comments thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a) & (b): Hon’ble Supreme Court has dismissed some of SLPs/ Review Petitions filed by Union of India against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004. Details of cases is enclosed at Annexure-A.
(c): Department of Financial Services in their comments have conveyed that DoP&PW may take appropriate decision in regard to excluding the employees whose recruitment advertisement was issued on or before 01.01.2004 from the purview of NPS and cover them under OPS.
Department of Legal Affairs has conveyed that the examination of the issue in this Department to the effect that an administrative decision to issue executive instructions providing for coverage of Government servants under old pension scheme who were appointed to Central Government service on or after 01.01.2004 on the basis of advertisement/notification of vacancies issued prior to 01.01.2004 appears to be in order.
There is no decision to issue general instructions in this regard.
(d): National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January 2004 (except the armed forces).
In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.
Annexure- A
Annexure referred to in reply to Lok Sabha Question No. 589 for 20.07.2022
Status of Implementation of judgments after dismissal of SLPs / Review Petitions:
S. No. | Details of cases | Number of Petitioners | Status of Implementation of Court order |
1 | WP (C) No. 9252/2020 titled Shabad Prakash Punia & Ors in High Court o Delhi was allowed vide Order dated 15.01.2021. An SLP (C) No. 7373/2021 filed by UOI was dismissed on 09.07.2021. | 46 | Implemented |
2 | WP(C) No. 1358/2017 filed by Shyam Kumar Choudhary and Ors in High Court of Delhi was allowed vide order dated 09.04.2019. SLP Dy. No. 31539/2019 was dismissed on 27.09.2019 and Review Petition dismissed on 24.11.2020. | | 14 | Implemented |
3 | WP (C) No. 6548/2020 titled Ithape Pandit Kisanrao & Ors in High Court of Delhi was allowed vide order dated 06.11:2020. An SLP (CC) No. 8555/2021 filed by UOI was dismissed on 12.07.2021. | 81 | Implemented |
4 | WP (C)ZNo. 11097/2019 titled Amar Kumar in High Court of Delhi was allowed vide order dated 15.01.2021. An SLP (C) No. 8985/2021 filed by UOI/Deptt. against the order was dismissed on 19.07.2021 and Review petition filed was dismissed on 23.03.2022. | 01 | Implemented |
5 | WP (C) No. 1569/2021 titled as winder Singh & Ors in High Court of Delhi was allowed vide order dated 15.02.2021. An SLP (C) No. 11749/2021 filed by UOI. against the order was dismissed on 31.08.2021. | 106 | Implemented |
6 | WP (C) No. 756/2020 titled Dr. Davinder Singh Brar Vs UOT é Ors in High Court of Delhi was allowed vide order dated 28.01.2020. An SLP (C) No. 173/2021 filed by Uol was dismissed on 04.02.2021 | 01 | Implemented |
7 | WP (C) No. 6989/2020 filed by Sh. Vipul Pandey & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 06.11.2020. SLP (C) No. 11543/2021 filed by UoI was dismissed on 17.09.2021 | 58 | Implemented |
8 | WP (C) No. 11169/2019 titled Chander Veer Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 16.12.2019. SLP (C) No. 9950/2020 filed by Uol was dismissed on 16.04.2021. | 32 | Implemented |
9 | WP (C) No. 323/2020 titled Ashok Kumar & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.01.2020. SLP (C) 10681/2020 filed by Uol was dismissed on 16.04.2021 | 10 | Implemented |
10 | WP (C) No. 337/2020 titled Vikas Kumar & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.01.2020. SLP (C) No. 2 10733/2020 dismissed on 15.02.2021. | 62 | Implemented |
11 | WP (C) No. 5443/2020 titled Prasiddh Narain & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022 | 480 | Implemented |
12 | WP (C) No. 5075/2020 titled Sudesh Kumar Singh & Ors & UO! & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 158312-15321/ 2021 dismissed on 03.01.2022. | 744 | Implemented |
13 | WP (C) No. 5080/2020 titled Sujan Singh Yadav & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 231 | Implemented |
14 | WP (C) No. 5444/2020 titled Praveen Kumar & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 521 | Implemented |
15 | WP (C) No. 5445/2020 titled Kulesh Kumar Patel & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 495 | Implemented |
16 | WP (C) No. 5447/2020 titled Gaikwad Valmik S & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 502 | Implemented |
17 | WP (C) No. 7745/2020 titled Harbir Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 72 | Implemented |
18 | WP (C) No. 11061/2020 titled Budhi Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 749 | Implemented |
19 | WP (C) No. 11063/2020 titled Bijendra Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 48 | Implemented |
20 | WP (C) No. 11065/2020 titled Bhupendra Singh & Ors Vs UOI& Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | 862 | Implemented |
21 | WP (C) No. 12083/2019 titled Karamvir Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C; No. 16570/2021 dismissed on 03.02.2022 | 146 | Implemented |
22 | WP (C) No. 10317/2020 filed by Dilip Kumar Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021 rectified on 02.02.2021. SLP(C) No.779/2022 dismissed on 07.02.2022. | 33 | Implemented |
Exclusion of Central Government Employees from NPS
The Department of Pension and Pensioners’ Welfare (DoP&PW) recently made an inquiry to the Department of Legal Affairs (DLA), asking for advice on whether central government employees should be included under the Old Pension Scheme if they were appointed based on advertisements made on or before December 31, 2003. Additionally, the DoP&PW wanted to know if it would be legally feasible for them to issue executive instructions regarding this matter. The Department of Legal Affairs reviewed the issue and considered the input provided by the Department of Financial Services. In a note dated May 6, 2022, it was concluded that the proposal of the administrative Departments is a matter of policy for those Departments/Ministries. The notification dated December 22, 2003, does not specify whether the date of joining or the date of Notification/Advertisement would determine the applicability of NPS. Furthermore, DoP&PW has previously allowed employees whose appointment selections were finalised before January 1, 2004, but joined Government service on or after January 1, 2004, to opt for OPS/NPS due to an administrative lapse in their recruitment process. Based on these various court cases, an administrative decision to issue executive instructions providing for coverage of Government servants under OPS who were appointed to Central Government service on or after January 1, 2004, on the basis of advertisement/notification of vacancies issued prior to January 1, 2004, is in order.
What is NPS to OPS?
NPS is ‘National Pension System’ and OPS is ‘Old Pension System’. One of the major demands of Central Govt employees is to scrap NPS and reintroduce OPS (NPS to OPS).
What is the major difference between NPS and OPS?
The Old Pension Scheme (OPS) is the existing pension scheme for CG employees with a fixed amount of pension after retirement. Whereas the New Pension Scheme (NPS) is a contributory pension scheme without any fixed amount of pension benefits. There will be no guarantee of pension amount after retirement.
What is the cut-off date for NPS?
The cut-off date for National Pension Scheme is 1 January 2004. Central Government employees who have been appointed on or after 1 January 2004 are all under the new scheme of National Pension Scheme.
I D SAI SIVARAM says
I would like to Opt OPS I am a central govt. employee, so please send me notification copy to my email for Opt to OPS
Nandita bagdas says
The old pension scheme should be revived in again its because more tha what it used to be before,the youths now are 100% efficient and have more labour experience,then what is used to be in the previous times,the administrations efficiency would be upgraded as a whole as the pension scheme will also create a competitive place from which the best are going to serve for the administration and the development as a whole is going to have the best coordination,and even after retirement it would also be a great security for the ones attaining old age they wouldn’t have to depend in one for it would be sufficient for the old aged ones