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Friday, November 29, 2013

Recovery of Overpayment of Pension/Family Pension due to death or any other reason

Recovery of Overpayment of Pension/Family Pension due to death or any other reason


NO.2/32/2012-1 Pension (FD)

From

Additional Chief Secretary to Government, Haryana,
Finance Department.

To

1.All Heads of Department in Haryana.
2. Commissioner, Ambala, Hisar, Rohtak & Gurgaon Division.
3. All the Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana.
4. The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated Chandigarh, the 20.11.2013

Subject: Recovery of Overpayment of Pension/Family Pension due to death or any other reason.

Sir/Madam,

I am directed to refer to Haryana Government letter NO.14/81/2012-5FA,daed 10.09.2012 and No.2/31/2012 -1 Pension, dated 30.11.2012 wherein instructions regarding scheme for payment of pension through e-Pension System in respect of all pensioners/family pensioners of Government of Haryana was prescribed and empanelment of banks was done respectively.

It has been observed in some cases that at the time of death of pensioner/family Pensioner, family of the pensioner/family pensioner does not immediately give any intimation for stopping  the Pension/family pension. The Pension/family pension can be stopped by Govt. Only when the certificates i.e. Life certificate, re-marriage certificate and non-employment certificate are not received timely. Due to this the excess pension/family pension of the pensioner/family pensioner gets released in routine and Government has to bear loss on account of same.

In the event of death of the pensioner/family pensioner the chances of recovery of excess amount from family of pensioners/family pensioner become very low if amount has already been withdrawn by family/relatives of pensioner/family pensioner from the bank by way of using ATM/Debit card etc.

To Check/control/safeguard of Govt. money, following steps should be taken to prevent overpayment and for recovery of overpayment of pension/family pension:-

1.
Overpayments. If family pensioner exists:
i)
In Case of death of a Pensioner, it will be the prime responsibility of the person(s) or his guardian in case of minor, who will be eligible to receive family pension to report the concerned treasury/nearby treasury and the bank about the death of the pensioner with death certificate within 20 days of the death so that pension can be stopped immediately.
ii)
Since in the e-Pension system pensioner/family pensioner is required to get his PPo updated personally or through authorized representative at least once in a Period of six months, so in case of non-reporting by the members of the family about the death of pensioner/family pensioner, pension/family pension will get stopped. After six months whenever matter of death is reported by the family to the treasury, the concerned Treasury Officer will instruct the concerned branch of the bank to freeze the account immediately and remit to Govt. the excess amount paid as indicated by the treasury in the form of draft to the Treasury Officer who will deposit the same in Head 0071. This amount and detail is to be entered in the system (e-Pension) so that family pension can be released.
iii)
The eligible family pensioner or family of the pensioner can also opt to deposit excess amount in lump sum in the treasury byway of a challan and provide copy of the challan to the Treasury Officer for release of family pension.
iv)
In case the amount of over payment cannot be recovered through process as specified in clause (ii) above and the family pensioner is not ready to opt as per clause (iii) then family pension can be released to family pensioner on basis of undertaking given by the family pensioner that amount of Over Payment be recovered from his family pension in eight equal instalment. However if the amount of each instalment is more than 70% of the family pension, the number of instalments can be increased so as to limit the amount of instalment to 70% of the Family Pension. However, this option cannot be opted by family pensioner in case he/she was joint account holder with the deceased pensioner/family pensioner.
v)
No family Pension will be released unless the recovery of overpayment is ensured in way as specified in clause ii,iii, or iv as above.
2.
Overpayments, where family pensioner do not exist:

There might be a situation where on the death of pensioner/family pensioner any member of family or any other person who are not eligible for said pension after the death of Pensioner/family pensioner draws amount from pensioner’s family pensioner’s account in unauthorized way through ATM or other means. Government will have full right to recover such amount from such drawee even in those cases where the balance of accounts becomes zero due to such illegal withdrawal.

It is mandatory for ineligible family member/other members of pensioner/family pensioner to inform the bank manager about the death of pensioner/family pensioner within a period of 20 days.

In Such cases whenever information of death of pensioner/family pensioner becomes available to the Treasury Officer, he should write to the concerned bank branch to intimate the balance and if there is any withdrawal after the date of death, intimate the name & address of the persons who had withdrawn the amount unauthorizedly. Bank should also be requested to provide video footage of ATM booth to ascertain the identity of such person if ATM was  used to make withdrawals.
3.
In case of death of pensioner/family pensioner, if the information is not provided by family pensioner or family members, in case there is no family pensioner, within a period of 2 months from date of death and there are withdrawal from the bank account of the pensioner after the date of his death, in that eventuality it will be presumed that requisite information has not been provided by family members with an intention to commit fraud upon the State Ex-chequer.  It is also clarified that no family member even joint account holder can withdraw the amount of pension/family pension relation to the period after the death of pensioner/family pensioner, as the case may be. Accordingly, criminal liability will be fixed by adopting proper procedure of Iodging of FIR against the family pensioner/family member.

You are requested to take action in the matter accordingly.

Yours faithfully,

Sd/-
Under Secretary Finance (Pension)
For Addl. Chief Secretary to Government, Haryana,
Finance Department.

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