100% DA APPEAL FILED BY UBI DISMISSED

Here is another favorable judgement in favour of pre 2002 pensioners from Kolkatta High Court under APO 315/2019 dated 26.09.2018.It may be recalled, that while delivering the verdict in Writ Petition NO. 507 of 2012 filed by United Bank of India Retirees' Welfare Association and Others against United Bank of India and Others,on extending 100% DA to pre Nov 2002 pensioners,before Hon : HIGH COURT AT CALCUTTA on 4 th March 2019 learned Single Judge I P Mukerji, made it clear that :"In my opinion, the classification made in this case just as in the case of DS Nakara, is arbitrary and highly irrational. There is no intelligible difference between the pre 1st November, 2002 and post 1st November, 2002 retirees'. The artificial classification is discriminatory of one class of retired employees" and directed as follows: 
 " The Board of the respondent bank in consultation with the Central government and the Reserve Bank of India to take a reasoned decision, in the light of the above observations and findings regarding payment of 100% dearness relief to the pre November-2002 retirees' of the respondent bank by 30th June, 2019."
However management of United Bank of India preferred Against this verdict before Division Bench of KHC.The good news is the same Appeal is dismissed by HC and decided in favour of Retired Employees Assosciation and directed :
"We find that the distinction, between the pre-November, 2002 retirees and post-November, 2002 retirees, is unreasonable, arbitraryand discriminatory. There is no justification for the same. Thougheach bank which is a member of the Indian Banks Association has aseparate identity, the mandate of the Pension Regulations which have astatutory force of law, cannot be altered by a joint note.
Therefore, we direct the Bank to comply with Regulation 6 of the Pension Regulations and to pay pension to the pre-2002 retirees at the same rate as enjoyed by the post-2002 retirees, as has been paid to the retired employees of the Reserve Bank of India. The judgment of the learned Single Judge is modified to that extent. "

Health Insurance – For protection of Health but of WHOM????

Letter received from Shri R K Pathak , our google group member , on the above subject is reproduced below.

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Health Insurance – For protection of Health but of WHOM????

As per the 10^th bipartite settlement signed on 25/05/2019, IBA introduced Group Health Insurance Scheme for Employees in Service as well as for retirees with cover of 3 lacs for award staff and 4 lacs for Officers.

The Insurance premium charged for cover of 3 & 4 lacs for retirees was of Rs.4930 and 6573 excluding service tax and policy became in operation from 1/11/2019 to 31/10/2018.

The almost 11 month’s period is lapsed and still IBA is yet to decide the issue of “Domiciliary Treatment” which was agreed in settlement and now policy is due for renewal.

The Group Health Insurance Policy of in service Employees is due for renewal on 1/10/2018 and UIIC was expected to renew the policy without increasing the premium. But now UIIC has intimated the IBA vide their communication dated 15/09/2018 that revised premium from 01/10/2018 will be as under:-

Category	Amount Insured	Previous Premium	Revised premium	Increase in Amount	Increase in %
Award Staff	Rs.3.00 lacs	Rs.4930+ Tax	10452 + Tax	5522	112
Officers	Rs.4.00 Lacs	Rs.6573 + Tax	Rs.13935 + Tax	7363	112

The UIIC has increased the premium by 112% which is not in accordance with the policy document and condition stipulated at clause 5.18 which reads as under:-

5.18 LOW/HIGH CLAIM RATIO (BONUS /MALUS)

Subject otherwise to terms and conditions of Group Mediclaim Policy as attached. The Insurance Company agrees for a continuity cover for three years based on the following annual renewal matrix. Claims Ratio

Claims Ratio	Discount/ Loading Percentage to be applied on the base premium
Not Exceeding 25%	40% discount
Not Exceeding 30%	35% discount
Not Exceeding 40%	25% discount
Not Exceeding 50%	15% discount
Not Exceeding 60%	5% discount
61% - 110%	No discount no Loading
111% - 115%	5% loading
116% - 120%	7% loading
121% - 125%	10% loading
126% - 130%	13% loading
131% - 135%	15% loading
136% - 140%	18% loading

IBA immediately responded UIIC over revised premium referring the agreed clause 5.18 in the policy, vide their communication dated 17/09/2018 but UIIC did not concede to the request of the IBA as claim ratio has reached 180 to 190% for which loading matrix was not provided in the Policy and became firm on 112% increase in the premium.

As the policy is due for renewal on 1/10/2018 for in-service employees and as IBA has advised to Bank of revised premium on 22/09/2018 [copy attached] and as the insurance premium has to be paid in advance, Member Banks will have to accept this unreasonable rise in the premium and will be making payments to UIIC contrary to the terms of Policy.

Neither Bank Management NOR UFBU leaders will raise any voice on the dictating terms of UIIC & IBA as in service employees premium is borne by Bank and Board of the Bank is not accountable to GOI for accepting this unreasonable term by debit to Banks profit, which is already shrinking.

The real problem is ahead as the policy for retirees is due for renewal on 1/11/2018 and premium has to be paid by retirees, POOR retirees will have to accept this unreasonable premium which is not only exorbitant but equal to / double of their monthly pension / family pension and acts of UIIC / IBA and Bank raises doubt that whether the policy is implemented to protect the life of Retirees or to destroy them with a view to remove them from members of Pension fund????.

Attention is invited of ALL CONCERNED to terms and condition of policy document which is as under:-

8. IMPORTANT NOTICE

“The Company may revise any of the terms, conditions and exceptions of this insurance including the premium payable on renewal in accordance with the guidelines/rules framed by the Insurance Regulatory and Development Authority (IRDA) and after obtaining prior approval from the Authority. We shall notify you of such changes at least three months before the revision are to take effect. The Company may also withdraw the insurance as offered hereunder after following the due process as laid down by the IRDA and after obtaining prior approval of the Authority and we shall offer to cover you under such revised/new terms, conditions, exceptions and premium for which we shall have obtained from the Authority.”

THINK , THINK,THINK

1)      Does the act of UIIC / IBA to give 10 days’ notice for enhancing premium falls within agreed clause 8 as referred above?????

2)      Does the 112% increase in premium for renewal falls within agreed clause 5.18 as referred above?????

3)      Does the act of UIIC is in accordance with IRDAI (Health Insurance) Regulations 2019 and IRDAI Protection Policyholders’ Interest) Regulations 2002 / 2019 as amended from time to time as agreed at clause 6 of the policy document?????

ANSWER FROM A LAYMAN WILL ALSO BE “ NO- NEVER” THEN WHER IS THE CATCH

The answer is reflected in the last para of the UIIC communication dated 22/09/2018,[copy attached] that prompted IBA to act promptly and the said para reads as under:-

“We also propose that if the loss ratio is kept under control and profit generated, if any, shall be shared equally".

Thanks & Regards

Pathak R K 

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Note :- Author being resignee is not covered in the Health Insurance Policy by the Bank, Despite Policy Documents issued by UIIC covers the Resignee and 16 banks have extended the cover to this category. The views expressed are based on the contents agreed in the Policy and documents attached herein.

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Click on the following links 

Letter from United India Insurance Company

Letter from IBA

 

Super Top Up Policy for Retirees & Renewal of Basic Policy for 2018-2018 - AIBRF circular

We reproduce below the circular issued by AIBRF

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Ref:2018/97                                                           Date: 19.09.2018

          The office Bearers/ Central Committee Members/ State Body Chiefs

    A.I.B.R.F

     Dear Comrades,

                         Re: Super Top Up Policy for Retirees &

                               Renewal of Basic Policy for 2018-2018

We request you to refer our circular no. 2018/91 dated 28.08.2018 advising detailed procedure to be followed and terms and conditions thereof  for obtaining AIBRF New India  Super Top Up Policy.  

2. We are pleased to inform you that we have been advised by New India Assurance Company Limited through Pragmatic Insurance Broking Pvt, Limited that on review of the matter, it has decided to increase the amount of sum insured under AIBRF New India Super Top Policy as under for the year 2018-2018.

(a)        For Retired Officer from Rs. 4 lakhs to Rs. 6 lakhs

(b)        For Retired Award Staff from Rs. 3 lakhs to Rs. 5 lakhs.

    Premium amount will remain the same  as advised earlier:

(a)        For Retired Officer Staff ( Sum Insured Rs. 6 lakhs) Rs. 3806 inclusive of GST.

(b)        For Retired Award Staff ( Sum Insured Rs. 5 lakhs) Rs  3511 inclusive of GST.

   

    Further we have been advised that the insurance company has agreed  to offer discount of Rs. 300 to family pensioners and pensioners who have lost their spouses who take policy on single basis. For above category, insurance premium will be as under

(a)        Retired Officer Staff on single basis ( Sum Insured Rs. 6 lakhs) Rs. 2925 + GST Rs. 527  Total Rs. 3452

(b)        Retied Award staff on single basis ( Sum Assured Rs. 5 lakhs ) Rs. 2675 + GST Rs. 478   Total Rs. 3157.

Last Date for submission has been extended to 10.10.2018. However the condition that policy will become operative when minimum 10000 proposals are received by above date remain unchanged.

O3.    We have also been informed that same proposal forms can be used for availing Super Top policy for enhanced amount as above

 and amount of sum assured can be suitably altered while filing the forms. Proposal forms already sent will remain valid and excess amount  in case of single basis will be refunded after encashment of the cheque.

04.With the above improvements made in AIBRF New India Super Top Up Policy by New India Insurance Company which is the largest insurance company of the country and having record of  highest claim settlement ratio, Super Top policy has become very attractive and favourable for the retirees .

05. You will kindly appreciate that because of initiatives taken by AIBRF to deal the matter, entire scenario of group medical insurance  has undergone for qualitative change for retirees. Now retirees can enjoy very healthy cover of Rs. 10 lakhs/ 8 lakhs for their treatment. We are happy to note that because of steps taken by AIBRF , United India Insurance Company has started responding quickly and positively on group insurance issues.

UNITED INDIA INSURANCE COMPANY  RENEWAL OFFER AND SUPER TOPUP POLICY

We find that as per the communication issued by United India Insurance Company addressed to IBA, it has agreed to renew group insurance medical policy for 2018-2018 ( without domiciliary benefit) on the same premium as applicable  last year except some increase due to new tax rates. Details are as under.

(a)        Retired Award Staff (sum insured Rs. 3 lakhs) Rs. 12333 including taxes

(b)        Retired Officer Staff ( sum insured Rs. 4 lakhs ) Rs. 16443

However UIICL has made steep increase in premium amount for renewal of policy with domiciliary benefit up to 10 per cent of sum insured. Details are as under:

(a)        Retired Award staff ( Sum insured Rs. 3 lakhs.) Rs. 27750/- including taxes.

(b)        Retired Officer staff ( Sum insured Rs. 4 lakhs ) Rs. 36998.

The Company has also announced that (a) it will open the policy for retirees without domiciliary benefit  who have not opted for it in the past (b) Retirees who have availed domiciliary facility will be allowed to switch for non-domiciliary policy (c) Those retired during 2018-2018 will have option to join the scheme with or without domiciliary benefits.

The company has announced launching of Super Top Policy for retirees on the same terms and conditions as applicable to the basic policy. Details of premium are as under:

(a)        Retired Award staff: ( Sum Insured Rs. 4 lakhs) Premium Rs. 3511 including taxes.

(b)        Retired officer staff ( Sum Insured Rs. 5 lakhs ) Premium Rs 3806 including taxes.

We now request our affiliates to initiate the following steps in the matter:  

(a)        Approach the bank managements for issue of immediate communications for renewal of insurance policy for 2018-2018.  

(b)        Advise the members  details of renewal as well as super top policy and select the best super top up policy which they find most suitable for them.

We feel that steep increase in renewal premium for renewal of policy with domiciliary benefit is too high and unbearable. To charge about Rs. 20000 extra for benefit of Rs. 40000  makes the whole scheme irrelevant and against the spirit of  insurance scheme. We are taking up the matter with  IBA.

                   With Regards,

                                                                           Yours Sincerely,

                                                            

                                        

                                                                       ( S.C.JAIN)

                                                                GENERAL SECRETARY

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FAQs for Super top up policy by New India for AIBRF

Proposal form for Super top up policy 

Appeal to Chief Justice of India made in July 2019 has been registered by Supreme Court as Petition

Letter received from Shri R K Pathak , our google group member , on the above subject is reproduced below.
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Dear Pensioners,

Please recall your attention to my earlier communication to group dated 25/07/2019, wherein I have forwarded the copy of Appeal made to Chief Justice of SCI by Shri. S Ramchandran, former GM of BOB regarding updation of Pension & 100% DA neutralization , with prayer as under:-   

" It is in view of the facts referred at points 1-10 above and average litigation span of ten years & short of life at our disposal, specifically of Mr. S G Lele (87 years), Mr. C M Bhat (86 years) and other signatories of 80+years, we earnestly pray for your intervention and this Petition may kindly be treated as a Suo-Moto Writ Petition on the appellate side of the Honorable Supreme Court  

Therefore for the points 1 to 10 above, we pray  your lordship may be pleased to call for

1. the records and minutes of wage revision discussions in which our issues were discussed and  finally taken the stand as mentioned in Record Note of Discussion dated 25.05.2019.

2. to investigate into the cost of updation of pension, improvement in family pension and 100% DA neutralization by Actuarials defined in Pension Regulations 1995.

3. Upon investigation report from actuarials, to order to the concerned banks RBI and GOI, to arrive at the decision on the demands of the retirees. 

For the kind response and acts of your Lordship, we all, shall always remain obliged, as duty bound. ".[ Copy attached for ready reference]

I am glad to inform that Honorable SC has registered the said appeal as "Grievance" / Petition today on 19/09/2018 with DIARY No. 39861 of 2018 " .

It is worthwhile to mention that I was actively associated with this task and Mr. S. Ramchandran, former GM of BOB  at the age of 76 was moving to have the signatures of Senior Citizens on the Appeal.

In fact this task has to be attended by the " APEX RETIREE ORGANISATIONS OF PENSIONERS " BUT UNFORTUNATELY THE RESPONSE WAS NOT ENCOURAGING FOR REASON UNKNOWN.

At least NOW , the biggest retiree organisation and AIBPARC will coordinate on this issue to take this matter forward.

With Regards

Pathak R K 

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Click here to view the appeal  made to Chief Justice of India

 

Premium for Group Health insurance Policy for the year 2018 -18

 United India Insurance Co Ltd has sent a letter dt 13th Sept'17,to IBA on renewal premium of retirees under Group Health Insurance Policy with/without domiciliary cover as well as premium on Super Top policy for the year 2018-18. Premium rates are as following.

Officer retirees

 without domiciliary cover :Rs.16,443.
  with Domiciliary cover    : Rs.36,998.

Award staff retirees

without domiciliary cover  : Rs.12333.
with Domiciliary cover       : Rs. 27750.


Premium on Super Top Policy 

 Officer retirees        : Rs.3806.

 Award staff retirees : Rs.3511.

One more option will be given to existing  retirees for joining the Retiree Health Policy without domiciliary cover.

For details click on the following  link.
  Click here to view letter by UIIC to IBA