Official amendments to the Pension Fund Regulatory and Development Authority Bill, 2011
The Union Cabinet today approved the introduction of certain official
amendments to the Pension Fund Regulatory and Development Authority
Bill, 2011. These official amendments have been necessitated in view of
the recommendations of the Standing Committee on Finance which has
examined the Bill. Based on the recommendations of the Standing
Committee on Finance, the Government has decided to accept the
following:
1.
that
the subscriber seeking minimum assured returns shall be allowed to opt
for investing his funds in such schemes providing minimum assured
returns as may be notified by the Authority;
2. withdrawals
not exceeding 25 per cent of the contribution made by subscriber will
be permitted from the individual pension account subject to the
conditions, such as, purpose, frequency and limits, as may be specified
by regulations by the Pension Fund Regulatory Authority and Development
Authority (PFRDA)
3. the
foreign investment ceiling in the pension sector at 26 per cent or such
percentage as may be approved for the Insurance Sector, whichever is
higher may be incorporated in the present legislation;
4. to
establish a vibrant Pension Advisory Committee with representation from
all major stakeholders to advise PFRDA on important matters of framing
of regulations under the PFRDA Act.
5. the membership of the PFRDA will be confined to professionals having expertise in economics, finance or law only.
The New Pension Scheme (NPS) has been made mandatory for all the Central
Government employees (except Armed Forces) entering service with effect
from 1.1.2004. 27 State / UT Governments have notified NPS for their
employees. NPS has been launched for all citizens of the country
including unorgnised sector workers, on voluntary basis, with effect
from 1st May, 2009. Further, to encourage people from the unorganised
sector to voluntarily save for their retirement, Government has launched
the co-contributory pension scheme titled "Swavalamban Scheme" in the
Budget of 2010-11. As on 7th September, 2012 the number of subscribers
under NPS is 37.45 lakh with a corpus of Rs. 20535.00 crore.
In order to effectively invest and manage such huge funds belonging to a
large number of subscribers and to ensure the integrity of the NPS,
creation of a statutory PFRDA with well defined powers, duties and
responsibilities is considered absolutely necessary and would benefit
all NPS subscribers.
The official amendments to the Bill will be moved in the next session of the Parliament.
Background:
The following recommendations of the SCF have not been accepted:
• As
regards the recommendation of SCF for compulsory insurance of the funds
of subscribers by pension fund managers, a provision has already been
made in the PFRDA Bill, to protect the interest of the subscribers by
ensuring safety of contribution of subscribers and also by keeping the
operational costs in check,
• As
regards the selection of pension fund managers in such a manner that
one third of all such fund managers are from the public sector, since a
provision has already been made in the PFRDA Bill that at least one of
the pensions fund shall be from the public sector which sets a floor,
the ceiling can be any number based on objective criteria.
The Pension Fund Regulatory and Development Authority Bill, 2005 was
initially introduced in the Lok Sabha in March, 2005 to provide for a
statutory PFRDA. However, since the Bill and the official amendments,
based on the recommendations of the Standing Committee on Finance, could
not be considered by the Lok Sabha, and the Bill lapsed on dissolution
of the 14th Lok Sabha. The Government had announced in the Budget
2011-12 that the revised PFRDA Bill would be moved in Parliament.
Accordingly, the PFRDA Bill, 2011 was introduced in the Lok Sabha on the
24th March, 2011 to provide for a statutory regulatory body, the
Pension Fund Regulatory and Development Authority (PFRDA) under the
provisions of the Bill. The legislation sought to empower FRDA to
regulate the New Pension System (NPS). The PFRDA Bill, 2011 was referred
to the Standing Committee on Finance on the 29th March, 2011 for
examination and report thereon. The Standing Committee on Finance gave
its Report on 30th August, 2011. Based on the recommendations of
Standing Committee, a Cabinet Note, to introduce additional
recommendations of the Standing committee on Finance was moved on 19th
December, 2011. Since the PFRDA Bill, 2011 was deferred in the Winter
Session of the Lok Sabha, therefore the Cabinet Note was withdrawn.
Source : PIB