Latest News About Conversion of NPS to OPS for Central Govt Employees
(National Pension System To Old Pension Scheme)
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:
- Scrapping of No Guarantee NPS by NC JCM Staff Side June 10, 2023
- NPS To OPS: Strategy to Achieve Old Pension Scheme – NJCA June 1, 2023
- National Convention on Scrapping NPS and Restoring Old Pension Scheme June 1, 2023
- Opportunity to switch from NPS to OPS with a one-time choice – NC JCM Staff Side June 1, 2023
- NPS Govt Contribution Rate 14% of Basic Pay + DA June 1, 2023
- Agitational Programme for Scrapping of NPS and Restoration of OPS – Confederation June 1, 2023
- Himachal Pradesh Govt Notifies Old Pension Scheme with Effect from Apr 1, 2023 April 17, 2023
- Setting Up Committee to Review National Pension System for Government Employees April 9, 2023
- Old Pension Scheme for Central Govt Employees Recruited on or before 22.12.2003 March 24, 2023
- Family Pension to Deceased NPS Employees March 24, 2023
- NPS to OPS for Recruited Against Post or Vacancy Advertised, Notified for Recruitment March 23, 2023
- Government Clarifies on the Significant Requirements for Transitioning from OPS to NPS March 17, 2023
- NPS to OPS Option for Certain Central Government Employees Last Date 31.8.2023 March 4, 2023
- Options Under CCS NPS Rules to Avail Old Pension Benefits On Death of Govt Employee October 31, 2022
- NPS – TTS: Change in Operational Guidelines for NPS Tier 2 December 28, 2021
- Old Pension Scheme is not considered a feasible proposition in the current scenario – Central Govt February 18, 2021
- Notification regarding Old Pension Scheme : NVS December 14, 2020
- Contract for Old Pension Scheme September 17, 2020
- One time option from National Pension System (NPS) to Old Pension Scheme (OPS) to certain category of Central Govt Employees June 26, 2020
- 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
- e-NPS online facility for NPS subscribers to exit and withdrawal May 30, 2020
- NPS Withdrawal Rules – Partial Withdrawal from NPS Procedural Guidelines May 4, 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
- Benefit of Gratuity to CG Employees Covered under National Pension System (NPS) February 17, 2020
- Overseas Citizenship (OCI) Can Investment in NPS October 31, 2019
- NPS Vs GPF – General Provident Fund Facility to National Pension Scheme Governed Employees September 30, 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
- Transferring NPS Subscription into GPF account April 19, 2019
- GPF to be introduced to willing NPS employees – AIDEF Circular April 14, 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
NPS Latest Orders, Circulars, Amendments, and Notifications
- CGHS for NPS Pensioners – NC JCM writes to remove the condition of a minimum of 10 years of service on September 28, 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
- Monitoring Committees Watch NPS Contributions Credited On Time August 2, 2019
- NPS to OPS: No Proposal to replace NPS with OPS July 17, 2019
- Enhanced Govt Contribution from 10% to 14% under NPS – PFRDA Circular July 9, 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
- Stoppage of Retirement and Death Gratuity to the NPS Subscribers May 28, 2019
- Major Changes in National Pension System (NPS): Choice of Pension Funds and Investment Pattern May 10, 2019
- Return of NPS Scheme (State Government Scheme) as of March 2019 May 7, 2019
- Return of NPS Scheme (Central Government Scheme)as of March 2019 May 7, 2019
- Voluntary Contribution in Tier I account by Govt. Sector Subscribers May 7, 2019
- Tax Benefit Under NPS May 7, 2019
- NPS Fund Value 2019 – Central & State Pension Fund NAV as on 6.5.2019 May 7, 2019
- NPS to OPS : Extension of Old Pension Scheme to the Employees Who Were selected During the Year 2003 April 24, 2019
- Total Existing Subscribers in NPS as of March 2019 April 23, 2019
- Transferring NPS Subscription into GPF account April 19, 2019
- Compensation for non-deposit or delayed deposit of contribution under NPS – Finmin Orders April 16, 2019
- GPF to be introduced to willing NPS employees – AIDEF Circular April 14, 2019
- Amendment in Investment Guidelines for NPS Schemes – PFRDA March 30, 2019
- NPS to OPS: Abolition of NPS and for Restoration of OPS March 25, 2019
- 14% Government Contribution in NPS – Gazette Notification March 16, 2019
- Recognized 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, NPS Contribution 14% of Basic Pay plus DA – Gazette Notification February 5, 2019
- National Pension System – 42 Aspects to Know February 4, 2019
- National Pension System to Tripura Govt Employees January 28, 2019
- Withdrawal of Pension Facility in NPS January 3, 2019
- NPS To OPS – Revert to Old Defined Benefit Pension System December 31, 2018
- New Norms for Withdrawal of National Pension System (NPS) December 22, 2018
- NPS Applicable to NVS Employees w.e.f. 1.4.2009 December 16, 2018
- NPS Latest News: Processing of Partial Withdrawal Request December 16, 2018
- NPS To OPS: Karnataka Govt Employees Protest against NPS December 13, 2018
- NPS To OPS: Scrap NPS and Restore OPS – Demands Day 12.12.2018 December 12, 2018
- NPS To OPS: Cabinet Approved Contribution 10% to 14% December 10, 2018
- NPS to OPS: New Pension Scheme Demand To Scrap it December 8, 2018
- NPS To OPS: Major Change in NPS – Govt Contribution Raised to 14% December 7, 2018
- NPS To OPS : Nationwide 2 Days Strike (8th and 9th Jan 2019) December 5, 2018
- SCRAP NPS & RESTORE OPS December 1, 2018
- NPS To OPS : TN Constituting Expert Committee To Review NPS December 1, 2018
- NPS To OPS: Kerala Constituted Review Committee for NPS December 1, 2018
- NPS To OPS: Govt of AP Issued Orders based on Expert Committee November 30, 2018
- Brief Summary of Proceedings on Abolish NPS by Delhi Assembly November 30, 2018
- NPS to OPS: Proceeding on adoption of Resolution on Abolishing NPS by Delhi Assembly November 29, 2018
- NPS to OPS: Resolution adopted by Legislative Assembly of NCT of Delhi November 28, 2018
- New Contributory Pension System (NPS) November 27, 2018
- NPS to OPS: Old Pension Scheme will be restored by AAP Govt. in National Capital on November 27, 2018
- Appeal to NPS Pensioners – Confederation October 17, 2018
- Old Pension Scheme to Railway Employees October 10, 2018
- Central Govt Rejects the Demand to Scrap NPS September 26, 2018
- Reversion to Old Pension Scheme September 26, 2018
- Implementation of National Pension System by Central Autonomous Bodies September 24, 2018
- An Overview of New Contributory Pension System (NPS) – Confederation September 10, 2018
- Reversion to Old Pension Scheme for Personnel of Ministries August 12, 2018
- New Pension Scheme(NPS) Vs Old Pension Scheme(OPS) August 11, 2018
- Defined Contribution Pension Scheme (NPS) – Salient Features) August 10, 2018
- Not Possible to Revert Back to Old Pension Scheme July 27, 2018
- Reversion to Old Pension Scheme July 20, 2018
- New Pension System (NPS) – NC JCM Staff Side May 29, 2018
- Important Announcements and Approvals in Board Meeting of PFRDA May 4, 2018
- NPS Subscribers: Submit FATCA Self-Certification Online on April 23, 2018
- NPS Subscribers: Know your FATCA Compliant Status April 23, 2018
- Brief of the meetings held between the Staff Side(JCM) and Official Side on April 11, 2018
- Exemption of Railways from New Pension Scheme (NPS) – NFIR April 9, 2018
- Minimum Guaranteed Pension under National Pension System (NPS) – BPMS April 7, 2018
- Grant of Minimum Guaranteed Pension under NPS – BPMS April 7, 2018
- Major Changes in NPS including Withdrawal Norms March 24, 2018
- NPS subscribers can withdraw after three years March 9, 2018
- Age Limit for NPS February 12, 2018
- NPS Committee Report Finalized and Submitted to Govt – NC JCM Staff Side January 24, 2018
- Guidelines on CGHS benefits to Central Govt. employees (service/retired) covered under NPS January 23, 2018
- Maximum age of joining the National Pension System (NPS) increased from the existing 60 years to 65 years under NPS on November 1, 2017
- Conference on NPS for Central Public Sector Enterprises October 10, 2017
- Additional benefit on death/disability of Government servant covered by NPS August 25, 2017
- Revision of Additional Relief on death/disability of Government servants covered under New Pension Scheme (NPS) August 3, 2017
- SCRAP NPS – STOP OUTSOURCING June 13, 2017
- NRI Investments in NPS April 11, 2017 Tax on New Pension Scheme April 11, 2017
- NPS to OPS – Minister replied in Parliament on March 27, 2017 Outcome of NPS Meeting held on 17.3.2017 – NFIR March 19, 2017
- NPS Subscribers are allowed multiple Choice to Change Investment Option on March 6, 2017
- Withdrawal of NPS is not within the purview of NPS Committee – Confederation February 17, 2017
- Gratuity Benefits under National Pension System (NPS) February 8, 2017
- NPS COMMITTEE – HOPES OF YOUNGER GENERATION SHATTERED February 6, 2017
- Tax-exemption to partial withdrawal from National Pension System (NPS) February 4, 2017
- Streamlining the implementation of the NPS tor Central Govt Employees – NC JCM Staff Side January 24, 2017
- NPS Committee Meeting to be held on 20.1.2017 – NC JCM Staff Side January 19, 2017
- Extension of scope of Additional Relief on death/disability of Government Servants covered by the New Defined Contribution Pension System(NPS) January 17, 2017
- Measures for streamlining the implementation of the National Pension System for Central Government employees January 17, 2017
- NPS has more than One crore subscribers with total AUM of more than Rs.1,60,000 crores January 4, 2017
- Implementation of National Pension System (NPS) in Central Autonomous Bodies (CABs) October 17, 2016
- New Pension System – Features released recently for NPS Subscribers September 18, 2016
- Extend the benefit of Gratuity to all NPS Employees August 27, 2016
- NPS Employees shall eligible for benefit of ‘Retirement gratuity and Death gratuity’ as per CCS (Pension) Rule,1972 August 26, 2016
- Exemption of Railways from National Pension System – NFIR June 26, 2016
- NPS – Concept Paper on Pension Funds, Investment Pattern and Life Cycle Funds for Government Employees April 26, 2016
- PARTIAL WITHDRAWAL FROM NPS ORDERS ISSUED BY PFRDA April 23, 2016
- Tax benefit available under National Pension System (NPS) – AIRF April 15, 2016
- Income Tax benefit available under National Pension System – PFRDA March 22, 2016
- PFRDA published a press release of the conference on implementation of NPS held on 16.3.2016 March 19, 2016
- 7th Pay Commission expressed its regret about the transition from OPS to NPS March 2, 2016
- Casual Laboure’s with temporary status-clarification regarding contribution to GPF and Pension under the old pension scheme February 26, 2016
- PFRDA introduced ENPS online portal on February 17, 2016
- NPS subscribers of the Central Government are 14.1% of the total subscribers as Jan 2016 February 2, 2016
- Benefits of National Pension Scheme (NPS) December 11, 2015
- New Pension Scheme: Analysis of the Issues by the 7th Pay Commission November 26, 2015
- Recovery of NPS subscription fee/charge – NC JCM writes to DoPT on November 3, 2015
- New Pension Scheme: Clarification of Deferred withdrawal of lump sum – PFRDA November 3, 2015
- Subscriber details of CG Employees under National Pension System as on 3.10.2015 October 16, 2015
- Payment of Gratuity and Guaranteed Benefits under NPS Beneficiaries – BPMS Resolutions September 22, 2015
- Exempting Railway employees from the NPS and also consider OROP – NFIR September 8, 2015
- Draft Regulations for Retirement Advisers – PFRDA August 25, 2015, NPS is more beneficial than EPF March 8, 2015
- Employees Under the Employees Provident Fund(EPF) to be Provided two Options February 28, 2015
- NFIR – 55 Point Charter of Demands Including DA Merger, Interim Relief and Scrap NPS February 24, 2015
- New Website of National Pension System Trust Launched February 23, 2015
- Number of Subscribers Registered Under the National Pension System (NPS) has more than Doubled since November 20, 2014
- Government of India is reluctant to consider the Merger of DA, Interim relief, scrapping of New Pension Scheme November 19, 2014
- GConnect published an article titled, ‘NPS is far beneficial than Government Pension’ on November 14, 2014
- ABOLISHING NEW PENSION SYSTEM (NPS) FROM INDIAN RAILWAYS–AIRF & NFIR April 24, 2014
- Withdrawal of New Pension Scheme- NFIR submitted a Justification report to Railway Board on February 26, 2014
- Justification to Scrap New Pension Scheme – AIRF submitted to Finance Minister February 15, 2014
- NPS News – Pending amount under NPS with Delhi Cantonment Board February 1, 2014
- Retirement Age 62, Merger of DA, Scrapping of NPS, the inclusion of federation leaders in 7th CPC etc. – Memorandum submitted to PM January 8, 2014
- PROPOSED OPERATIONAL WITHDRAWAL PROCESS FOR NPS SUBSCRIBERS December 27, 2013
- NPS was implemented in respect of Delhi Cantonment Board employees from 01.04.2011… December 23, 2013
- Exit guidelines under National Pension System – Option for Complete withdrawal of accumulated pension wealth by subscriber–PFRDA October 24, 2013
- Investment Guidelines by PFRDA October 18, 2013
NSDL National Pension System (NPS)
The National Pension System (NPS) was introduced by the Central Government on January 1, 2004, with the exception of armed forces. The Pension Fund Regulatory and Development Authority (PFRDA) is the regulatory body for NPS, and it has appointed NSDL as the Central Recordkeeping Agency (CRA) for the National Pension System. This is a unique initiative in India that carries out record-keeping, administration, and customer service functions for all NPS subscribers. Each subscriber is issued a Permanent Retirement Account Number (PRAN) by CRA, and a database of each Permanent Retirement Account is maintained along with recording transactions relating to each PRAN.
In the NPS, a government employee contributes towards a pension from their monthly salary along with an equal contribution from the employer. These funds are then invested in earmarked investment schemes through Pension Fund Managers.
As per the Gazette Notification issued by the Ministry of Finance (Department of Financial Services) on January 31, 2019, Central Government Subscribers from April 1, 2019, have the option to select Pension Funds (PFs) and Investment Patterns in their Tier-I account. Subscribers can choose any available Pension Fund and Investment Option based on their needs. If a choice is not made, NPS contributions will be invested in the existing default schemes of the three Pension Fund Managers (PFMs), namely LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited, and UTI Retirement Solutions Limited in a predefined proportion, as mentioned in the Statement of Transaction (SoT), as per PFRDA guidelines.
The available investment schemes for the Subscriber include the following options:
1. Default Scheme – This option involves investments in predefined proportions in default schemes offered by LIC, UTI, and SBI.
2. Scheme G – 100% of the contribution will be invested in Government Bonds and related instruments.
3. Scheme LC 50 – A Life cycle fund that limits Equity investments to 50% of the total asset.
4. Scheme LC 25 – A Life cycle fund that limits Equity investments to 25% of the total asset.
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.
Emoluments for determining mandatory contributions under National Pension System in respect to Central Government employees covered under NPS: DoP&PW OM dated 25.10.2022
No. 57/03/2022-P&PW(B)/8361
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 25th October, 2022
OFFICE MEMORANDUM
Subject: Emoluments for determining mandatory contributions under National Pension System in respect to Central Government employees covered under NPS.
The undersigned is directed to say that Department of Pension and Pensioners’ Welfare has notified the Central Civil Services (Implementation of National Pension System) Rules, 2021 to govern service related matters of Central Government civil employees covered under National Pension System. Rule 5 of these rules deals with emoluments for the purpose of determining the amount of mandatory contributions from employees as well as from Government under National Pension System.
2. In accordance with Rule 5 of the Central Civil Services (Implementation of National Pension System) Rules, 2021, the expression ‘emoluments’ for the purpose of determining the amount of mandatory contribution under the National Pension System includes basic pay as defined in rule 9 (21) (a) (4) of the Fundamental Rules, 1922, non-practicing allowance granted to medical officer in lieu of private practice and admissible dearness allowance in a calendar month.
3. During leave of subscriber, the emoluments shall be determined as under:
(i) If a Subscriber had been absent from duty on leave for which leave salary is payable, the amount representing pay and dearness allowance in the leave salary actually drawn shall be taken into account for emoluments. The amount of pay, non-practicing allowance and dearness allowance, actually drawn during leave shall be taken into account as emoluments.
(ii) If a Subscriber had been absent from duty or was on extraordinary leave, during whole or part of a calendar month, the pay or the amount representing pay, non-practicing allowance and dearness allowance in the leave salary which he actually drew for the part of that calendar month during which he was on duty or was on leave for which leave salary is payable, shall be taken into account for emoluments.
(iii) In cases where the leave is granted to the Subscriber on medical ground or due to his inability to join or rejoin duty on account of civil commotion; or for pursuing higher studies considered useful in discharge of his official duty, and during such leave, leave salary is not payable or is payable at a rate which is less than full pay, the Government shall make contribution on the basis of notional emoluments comprising the amount representing pay and dearness allowance in the leave salary and non-practicing allowance.
4. If a Subscriber had been under suspension, the subsistence allowance drawn during the period of suspension in a calendar month shall be taken into account for emoluments.
5. Pay drawn by a Subscriber while on deputation in India shall be taken into account for emoluments. However, in the case of a Subscriber on foreign service or deputation outside India, the pay which he would have drawn under the Government had he not been on foreign service or such deputation, shall be taken into account for emoluments.
6. Where a retired Subscriber, who is re-employed in Government service and to whom these rules are applicable and whose pay on re-employment has been reduced by an amount not exceeding his monthly pension, the element of monthly pension by which his pay is reduced shall be included in emoluments.
7. All Ministries/Departments are requested that the above provisions regarding emoluments for determining mandatory contributions under National Pension System for Central Government employees may be brought to the notice of the personnel dealing with the NPS matters of employees in the Ministry/Department and attached/subordinate offices thereunder, for strict implementation.

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 would like to Opt OPS I am a central govt. employee, so please send me notification copy to my email for Opt to OPS
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