LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE. Ref: Mktg/ZD/13/

Transcription

1 LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE Yogakshema Jeevan Bima Marg, MUMBAI Ref: Mktg/ZD/13/ TO ALL ZONAL MANAGERS, OFFICERS IN-CHARGE OF DIVISIONAL OFFICES. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 The Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 (Special Rules, 2009) was notified in the Gazette on The rules and the instructions approved by the Chairman were circulated to all the Offices vide our circular Ref. Mktg./ZD/34/2009 dated To ensure uniform practice by our Offices, we send herewith drafts of the various forms to be used to implement the provisions of the Special Rules, It may be noted that the various drafts referred to herein below should be issued to those Development Officers who by virtue of their performance in the relevant appraisal year will attract one or more disincentive/s. The enclosed drafts are to be made use of in the following manner: a) Annexure I is to be used where the expense limit of a Development Officer is not more than 2% of the prescribed expense limit provided the expense limit in the appraisal year is not more than 32% or in the case of a Development Officer in whose case the imposition of disincentives has been deferred according to the provisions of rule 6 and rule 8 of the Special Rules, b) Annexure I - A is to be used in the case of a Development Officer in whose case the imposition of disincentives has been deferred but still he has exceeded the prescribed expense limit in the succeeding appraisal year according to the provisions of rule 6 and rule 8 of the Special Rules, c) Annexure II and II-A is to be used in the case of a Development Officer who has attracted one or more disincentive/s in an appraisal as mentioned

2 at Sr. Nos. 2 to 5 of the Table of Disincentives, as stipulated in rule 6 of the Special Rules, d) Annexure III, III-A, III-B, III-C and III-D are to be used when a Development Officer is liable for termination of service under the provisions of Rule 6 and Rule 7 of the Special Rules, e) Annexure IV is to be obtained from the Development Officer authorizing the Corporation to deduct the outstanding dues from terminal benefits including the employee s contribution to Provident Fund. 4. Wherever any excess payment is to be recovered from the Development Officer the same should be recovered in monthly installments not exceeding six depending upon the quantum of amount to be recovered. Where, however, a Development Officer represents that the deductions are heavy, the Zonal Manager may re-fix the number of installments in such a manner that the Development Officer s take home pay, after recovery of the disincentives, should not be less than 60% of the net salary due. The number of total installments for recovery may be decided on this basis. However, subsequently, if the Development Officer starts earning any incentive due to his business performance, then, such incentive should be adjusted against the disincentive/s to be recovered and the quantum of monthly recovery should be re-fixed appropriately. Incentive payment/s should not be released to the Development Officer unless the recoveries for the disincentives/s are completely effected. While fixing the installment of recovery, letter (as per Annexure IV) should be taken from him authorizing the Corporation to deduct the outstanding dues from Terminal benefits including the employee s contribution to Provident Fund. 5. As regards Development Officers on Leave Preparatory to Retirement or who have resigned, action should be taken in the usual manner and appropriate letters should be issued to them also if the relevant appraisal year in their cases ended on or before their actual date of retirement or resignation. 6. In case of Development Officers who are facing termination under the provisions of the Special Rules, 2009, every care should be taken to see that the termination order is issued on the expiry of 30 days show cause notice as per Annexure III B and the action of termination is effected either by giving him three months notice from the date of receipt of the order as per Annexure III C or by giving him salary for three months in lieu thereof as per the provisions of Rule 7(1) of the Special Rules, 2009.

3 7. The Development Officer who is liable for termination as per the provisions of the Special Rules, 2009 should not be granted any increment in the time-scale. 8. Where, however, there is a Stay Order of a Court of Law restraining the Corporation from giving effect to the provisions of the Special Rules, 2009 in respect of imposing of disincentives or termination of service, the communications envisaged giving factual position only (viz. Annexures I, II or III, as the case may be) is to be issued. But a careful note should be taken that the same is not implemented unless and until the Stay Order is vacated by the appropriate Court. It would also be advisable in such cases to intimate the Development Officer concerned that the action in terms of the rule is being kept pending in view of the Stay/restraint Order. Needless to add that urgent steps should be taken to get the Stay Order/s vacated and the Zonal Office as well as the Central Office be kept informed of developments from time to time. 9. Where, however, the stay operates only in respect of imposition of disincentives/termination for any specific appraisal year/s, and is not a general stay, action for imposition of disincentives/termination could be taken for the appraisal year/s not covered by the stay order for all such cases. However, the opinion of the Corporation s counsel dealing with the matter may be obtained and examined before proceeding with as above. Executive Director (Marketing) Encl: as above.

4 ANNEXURE - I Ref: Rule 6 & Rule 8 of Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers in whose cases imposition of disincentives has been deferred) OR Where the expense limit of a Development Officer is not more than 2% of the prescribed expense limit provided the expense limit in the appraisal year is not more than 32% Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Your performance for the appraisal year ended on has been assessed as under: (A) (i) Expense Limit : % (B) (ii) Prescribed Expense Limit (iii) Eligible Premium (iv) Annual Remuneration Cost Ratio for the relevant appraisal Year on the basis of the Annual Remuneration : % : % (C) In terms of the provisions of Rule 6(1) you have not attracted any disincentive on occasion/s, as your cost ratio has not exceeded the prescribed limit by not more than 2%. (D) In view of your cost ratio, as mentioned at (B) above, you attract the disincentive of from. However, in terms of Rule 8 (1) of the Rules, the said disincentive other than that of no increment has been kept in abeyance until the expiry of the succeeding appraisal year ending on.

5 (E) If your cost ratio exceeds the prescribed expense limit in the succeeding appraisal year referred to in the para D above, the disincentives which have been kept in abeyance shall fall to be awarded from and appropriate recovery of the excess remuneration paid to you in the said succeeding year or thereafter shall be made from your salary from the year and the disincentive, if any, of no increment shall also become final. This will be without prejudice to the right of the Corporation to take any other action, if necessary, under the Rules referred to above. (F) You are hereby given an opportunity to confirm, through a representation in writing within 15 days from the date of receipt of this letter, the figures relating to your performance in the relevant appraisal year stated above. In case you find that the eligible premium has not been properly computed, it is necessary for you to point out clearly in your representation the omissions/alterations in the computation of eligible premium supported by full details of the Policy No., Name of the assured, Table, Term, Installment Premium, date of payment, PA Code etc. If full particulars are not furnished, the representation is liable to be rejected. Note: Sr./Divisional Manager (i) (ii) (iii) Fill in the blanks with appropriate particulars, before issue. Under Para (D) indicate the disincentives at Sr. Nos. 2 to 5 of Table of Disincentives whichever is applicable. Delete paragraph (s) which are not applicable. For reckoning annual remuneration, refer Rule 2 (b) of the 2009 Rules.

6 ANNEXURE I A Ref.: Rule 8 of Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers in whose cases imposition of disincentives has already been deferred and those who exceed the prescribed expense limit in the succeeding year) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Please refer to the letter dated issued to you. Your performance for the appraisal year ended on has been assessed as under: (A) (i) Expense Limit : % (B) (ii) Prescribed Expense Limit (iii) Eligible Premium (iv) Annual Remuneration Cost Ratio for the relevant appraisal Year on the basis of the Annual Remuneration : % : % (C) Your Cost Ratio exceeds the prescribed expense limit in the succeeding appraisal year as referred to in our letter dated to you, the disincentives which have been kept in abeyance, falls to be awarded from and appropriate recovery of the excess remuneration paid to you shall be made from your salary from the year and the disincentive, if any, of no increment also becomes final and shall be imposed from the year in terms of the provisions of Rule 8 of Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009.

7 (D) In view of your Cost Ratio as mentioned at (B) above, provisions relating to are attracted. The basic pay admissible to you with effect from shall be Rs. p.m. This will be without prejudice to the right of the Corporation to take any other action, if necessary, under the Rules referred to above. (E) You are hereby given an opportunity to confirm, through a representation in writing within 15 days from the date of receipt of this letter, the figures relating to your performance in the relevant appraisal year stated above. In case you find that the eligible premium has not been properly computed, it is necessary for you to point out clearly in your representation the omissions/alterations in the computation of eligible premium supported by full details of the Policy No., Name of the assured, Table, Term, Installment Premium, date of payment, PA Code etc. If full particulars are not furnished, the representation is liable to be rejected. If no representation in writing is received from you within the said period or your reply does not materially alter the figures, the final order on fixation of basic pay admissible as above and the salary payable thereunder with effect from will be issued without any further reference to you. Sr./Divisional Manager Note: (i) (ii) (iii) Fill in the blanks with appropriate particulars, before issue. Under Para (D) indicate the disincentives at Sr. Nos. 2 to 5 of Table of Disincentives whichever is applicable. For reckoning annual remuneration, refer Rule 2 (b) of the 2009 Rules. Replace para (E) suitably where there is any Stay Order from a Court of Law restraining the Corporation from giving effect to the revision of Certain Terms and Conditions of Service, as per the provisions of Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009.

8 ANNEXURE II Ref: Rule 6 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract the disincentives of no increment with or without one/two decrement/s ) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Your performance for the appraisal year ended on has been assessed as under: (A) (i) Expense Limit : % (B) (ii) Prescribed Expense Limit (iii) Eligible Premium (iv) Annual Remuneration Cost Ratio for the relevant appraisal Year on the basis of the Annual Remuneration : % : % (C) In view of your cost ratio as mentioned at B above, provisions relating to are attracted. The basic pay admissible to you with effect from shall be Rs. p.m. This will be without prejudice to the right of the Corporation to take any other action, if necessary, under the Rules referred to above. (D) You are hereby given an opportunity to confirm, through a representation in writing within 15 days from the date of receipt of this letter, the figures

9 relating to your performance in the relevant appraisal year stated above. In case you find that the eligible premium has not been properly computed, it is necessary for you to point out clearly in your representation the omissions/alterations in the computation of eligible premium supported by full details of the Policy No., Name of the assured, Table, Term, Installment Premium, date of payment, PA Code etc. If full particulars are not furnished, the representation is liable to be rejected. If no representation in writing is received from you within the said period or your reply does not materially alter the figures, the final order on fixation of basic pay as above and the salary payable thereunder with effect from will be issued without any further reference to you. Sr./Divisional Manager Note: (iv) (v) (vi) Fill in the blanks with appropriate particulars, before issue. Under Para (C) indicate the disincentives at Sr. Nos. 2 to 5 of Table of Disincentives whichever is applicable. For reckoning annual remuneration, refer Rule 2 (b) of the 2009 Rules. Replace para (D) suitably where there is any Stay Order from a Court of Law restraining the Corporation from giving effect to the revision of Certain Terms and Conditions of Service, as per the provisions of Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009.

10 ANNEXURE II - A Ref: Rule 6 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract the disincentives of no increment with or without one/two decrement/s ) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Please refer to the letter dated issued to you and your reply/representation thereto dated. 2. As no factual inaccuracies in respect of the figures of your performance have been brought out by you necessitating any change in the appraisal of your work for the year the basic pay payable to you with effect from shall be Rs. p.m. 3. As your reply has pointed out certain factual inaccuracies in respect of figures of your performance, the same were verified and as warranted by the revised figures, the basic pay payable to you with effect from shall be Rs. p.m. 4. Since in your reply/representation dated, you have pleaded that during the relevant period owing to causes beyond your control you could not adhere to the prescribed expense limit the representation has been forwarded to the Zonal Manager for his consideration and decision. In the meantime, the basic pay payable to you with effect from shall be Rs. p.m. 5. Please note that your basic pay has been fixed at the minimum of your scale and such fixation of basic pay at the minimum of the scale of pay can only be done once and if any occasion arises in future when your basic pay cannot be fixed at the minimum of the scale of pay, you will be liable for termination under sub-rule (2) of Rule You will also be entitled to other allowances as are applicable to the basic pay indicated above.

11 7. The excess, if any, paid to you in the current year till date will be recovered in full from your salary in installments commencing from the month of. Sr./Divisional Manager Note: (i) (ii) (iii) (iv) Use para 2 if the reply does not point out any factual inaccuracies in the figures of performance. Use para 3 where the Sr./Divisional Manager decides to alter the nature of disincentive because of the revised figures after verifying the factual inaccuracies in the figures brought out by the Development Officer. Use para 4 where the reply/representation pleads causes beyond control and simultaneously forward the representation of the Development Officer along with his appraisal data and copies of review letters and other correspondence with him to the Zonal Manager. Delete paragraph(s) which are not applicable.

12 ANNEXURE III Ref: Rule 7 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract termination of service) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Your performance for the appraisal year ended on has been assessed as under: (A) (i) Expense Limit : % (B) (ii) Prescribed Expense Limit (iii) Eligible Premium (iv) Annual Remuneration Cost Ratio for the relevant appraisal Year on the basis of the Annual Remuneration : % : % (C) i) By the application of the provisions contained in sub-rule (1) of Rule 6 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009, your basic pay falls below the minimum of the grade applicable to the Development Officers. It is also noticed that for the appraisal year ended on your basic pay has been fixed at the minimum of the basic pay applicable to the Development Officers in terms of sub-rule (2) of Rule 6 of the said Rules. Consequently, your services are liable to be terminated in accordance with sub-rule (2) of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, ii) It is observed that your annual remuneration for the appraisal year exceeds 50% of the eligible premium of the year. It is also observed that

13 your cost ratio for the immediately preceding appraisal year which ended on and for the appraisal year earlier to this preceding appraisal ear which ended on were and respectively. As a consequence, your services are liable to be terminated under sub-rule 9 of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, iii) It is observed that your annual remuneration for the appraisal year exceeds 38% of the eligible premium of the year. It is also observed that your cost ratio for the immediately preceding appraisal year which ended on was. As a consequence, your services are liable to be terminated under sub-rule 8 of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, You are directed to show cause, including the discrepancies, if any, in the figures relating to your performance as mentioned in Clauses A, B and C above or the eligible premium (to be supported by full details of the Policy No., Name of the assured, Table, Term, Installment Premium, date of payment, PA Code etc.) within 15 days from the date of receipt of this letter as to why your services are not liable to be terminated in terms of Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, If full particulars are not received, the representation is liable to be rejected. If no reply in writing is received from you within the said period or your reply does not adequately show cause to this notice, the final order terminating your services will be issued without any further reference to you. Sr./Divisional Manager Note: i) Fill in the blanks with appropriate particulars before issue. ii) Delete paragraph C (i) or C (ii) or C (iii) whichever is not applicable.

14 ANNEXURE III - A Ref: Rule 7 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract termination of service) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Please refer to the letter dated issued to you and your reply/representation thereto dated. 2. Your reply/representation does not disclose any factual inaccuracies in respect of the figures necessitating any change in the appraisal of your work. Your representation has therefore, been forwarded to the Zonal Manager for decision. 3. As your reply had pointed out certain factual inaccuracies in respect of figures of your performance, the same were verified and corrected as under: As the corrected figures are such that your performance would still attract the provisions of termination, your representation has been forwarded to the Zonal Manager, along with the revised figures for his decision. Note: Delete paragraph which are not applicable. Sr./Divisional Manager c. c. to Zonal Office, with appraisal data of the Development Officer along with copies of review letters and other correspondence with the Development Officer for Zonal Manager s decision.

15 ANNEXURE III - B Ref: Rule 7 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract termination of service) Shri/Smt. Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Your performance for the appraisal year ended on Please refer to the letter dated of the Sr./Divisional Manager,. Your performance for the appraisal year ended on has been assessed as under: (A) (i) Expense Limit : % (B) (ii) Prescribed Expense Limit (iii) Eligible Premium (iv) Annual Remuneration Cost Ratio for the relevant appraisal Year on the basis of the Annual Remuneration : % : % (C) i) By the application of the provisions contained in sub-rule (1) of Rule 6 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009, your basic pay falls below the minimum of the grade applicable to the Development Officers. It is also noticed that for the appraisal year ended on your basic pay has been fixed at the minimum of the basic pay applicable to the Development Officers in terms of sub-rule (2) of Rule 6 of the said Rules. Consequently, your services are liable to be terminated in accordance with sub-rule (2) of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009.

16 ii) It is observed that your annual remuneration for the appraisal year exceeds 50% of the eligible premium of the year. It is also observed that your cost ratio for the immediately preceding appraisal year which ended on and for the appraisal year earlier to this preceding appraisal ear which ended on were and respectively. As a consequence, your services are liable to be terminated under sub-rule 9 of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, iii) It is observed that your annual remuneration for the appraisal year exceeds 38% of the eligible premium of the year. It is also observed that your cost ratio for the immediately preceding appraisal year which ended on was. As a consequence, your services are liable to be terminated under sub-rule 8 of Rule 6 read with Rule 7 of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, You are hereby called upon to show cause within 30 days from the date of receipt of this notice, as to why your services should not be terminated in pursuance of the aforesaid provisions of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, Your reply to this show cause notice of termination should be forwarded within the stipulated period to the undersigned through the Sr./Divisional Manager,. If no reply is received within the stipulated period, further action will be taken in accordance with aforesaid provisions of the Life Insurance Corporation of India (Revision of Certain Terms and Conditions of Service) Rules, 2009 by the undersigned, without any further reference to you. Zonal Manager Note: i) Fill in the blanks with appropriate particulars before issue. ii) Delete paragraph C (i) or C (ii) or C (iii) whichever is not applicable.

17 ANNEXURE III - C Ref: Rule 7 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Letter to be issued to those Development Officers who attract termination of service) Shri/Smt. Re: Termination of your service PER REGISTERED POST A/D I have considered your reply dated to the show cause notice dated issued to you in terms of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, I am satisfied from the records of your performance as well as your reply dated to the show cause notice dated that no further opportunity falls to be given to you to conform to the expense limit in accordance with the provisions of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, I, therefore, order that your services as a Development Officer shall stand terminated on the expiry of 3 months from the date of receipt of this order by you in terms of the said provisions of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, Dated at this day of. Zonal Manager c. c. to: Sr./Divisional Manager, for information. He/She is directed to issue forthwith the letter to the Development Officer requesting him/her to apply for a post in Class III in the prescribed application form provided he/she has completed 7 years of service as a Development Officer and has not completed 55 years of age.

18 ANNEXURE III - D Ref: Rule 15 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, (Draft Letter to be issued to a Development Officer who has completed 7 years of service in Class II and has not completed 55 years of age and to whom Zonal Manager has issued notice of termination). Shri/Smt. Re: Appointment in a post in Class III This is to draw your attention to Rule 15 of the Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 which provides that any Development Officer whose services are liable to be terminated, who has completed 7 years of service as a Development Officer and who has not completed 55 years of age may, with his consent, be appointed to do administrative work in Class III on such terms as may be decided by the Corporation. 2. If you wish that your case be considered for appointment to a post in Class III, you may make an application to that effect within 30 days from the date of receipt of the order of termination of your services as a Development Officer. Sr./Divisional Manager

19 ANNEXURE IV DRAFT The Sr./Divisional Manager, Life Insurance Corporation of India, Re: Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 Recovery of excess remuneration I hereby authorize you to deduct a sum of Rs. (Rupees only) towards recovery of the excess remuneration paid to me in monthly installments from my salary commencing from to. I agree that at any future date if I start earning incentives on account of my business performance, such incentives will be adjusted against the balance of disincentives to be recovered and that such deduction will be a full and valid discharge in favour of the Life Insurance Corporation of India. Since, on arriving at the installments as above, the period of recovery falls beyond the date of retirement, I hereby authorize the corporation to deduct the outstanding dues from my terminal benefits including my own contributions to Provident Fund and interest thereon and that such deduction will be full and valid discharge in favour of the Life Insurance Corporation of India. I further agree that in the event of my appointment with the Life Insurance Corporation of India ceasing for any reason whatsoever, the Life Insurance Corporation of India is within its rights to deduct the outstanding dues towards the aforesaid recovery from the terminal benefits payable to me/my heirs including my own contribution to the Provident Fund and interest thereon and that such deduction will be a full and valid discharge in favour of the Life Insurance Corporation of India. Name: S.R. No.: Office: (Signature) Place: Date: