he Pension Fund Regulatory and Development Authority (PFRDA) has issued Pension Fund Regulatory and Development Authority (Operationalisation of Unified Pension Scheme under National Pension System) Regulations, 2025 to operationalize the Unified Pension Scheme (UPS) under the National Pension System (NPS). As per the notification dated March 19, 2025, these regulations define the framework, roles, and responsibilities for implementing UPS, which will take effect from April 1, 2025. The scheme is an option for Central Government employees covered under NPS, including existing employees, new recruits, and retirees who were previously under NPS. It also allows the legally wedded spouse of a deceased retiree to avail benefits. The regulations outline key terms such as “admissible payout,” “family payout,” and “default pattern” for investments. Additionally, intermediaries involved in implementation are required to maintain data continuity, comply with PFRDA directives, and report any material changes affecting subscribers. The Authority retains the power to issue clarifications to ensure smooth execution.
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY
NOTIFICATION
New Delhi, the 19th March ,2025
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY (OPERATIONALISATION OF UNIFIED PENSION SCHEME UNDER NATIONAL PENSION SYSTEM) REGULATIONS, 2025
F. No. PFRDA-12/01/0001/2023-LEGAL.—In exercise of the powers conferred by sub-section (1) of Section 52 read with clauses (f)and (w) of sub-section (2) thereof, of the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013), the Pension Fund Regulatory and Development Authority hereby makes the following regulations to operationalise the Unified Pension Scheme(UPS) introduced by the Central Government as an option under the National Pension System (NPS) for the employees of the Central Government who are covered under NPS, namely:
CHAPTER I
PRELIMINARY
Short Title and Commencement. –(1) These regulations may be called the Pension Fund Regulatory and Development Authority (Operationalisation of Unified Pension Scheme under National Pension System) Regulations, 2025.
(2) The objective of these regulations is to lay down the framework to operationalise the UPS notified by the Central Government in the Ministry of Finance vide notification number F. No. FX-1/3/2024-PR, dated the 24th January 2025, and to define the obligations, roles and responsibilities of intermediaries and such Central Government offices as are involved with implementation thereof, and for matters connected therewith or incidental thereto.
(3) These regulations shall come into effect from 1st April 2025.
2. Definitions. – (1) In these regulations, unless the context otherwise requires,-
(a) “Act” means the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013);
(b) “Authority” means the Pension Fund Regulatory and Development Authority established under sub-section (1) of section 3 of the Pension Fund Regulatory and Development Authority Act, 2013;
(c) “Admissible Payout” means the amount payable to a UPS subscriber for life, in such proportion and in such manner as specified under these regulations;
(d) “Benchmark Corpus” means a corpus as specified under regulation 12;
(e) “Default pattern” means such choice of pension fund(s) and of investment pattern(s), as may be determined by the Authority in respect of individual corpus under UPS, from time to time;
(f) “Family Payout” means the monthly amount payable to the legally wedded spouse of a deceased subscriber;
(g) “Head of Office” means a Gazetted Officer as defined under the Delegation of Financial Powers Rules,2024, issued by the Central Government, and includes such other authority or person whom the Central Government may, by order, specify as Head of Office;
(h) “Individual Corpus” means the net asset value of units outstanding in the individual Permanent Retirement Account Number (PRAN)of a subscriber;
(i) “Legally wedded spouse” means the spouse of a subscriber whose name appears as such in the service records as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, and who is surviving the deceased subscriber;
(j) “Pool Corpus” means the fund specified under regulation 7;
(k) “Qualifying Service” means the period of service in respect of a UPS subscriber, as determined in the manner specified under regulation 13;
(l) “Schedule” means the schedules appended to these regulations;
(m) “Unified Pension Scheme (UPS)” means an option available to employees of Central Government, who are covered under the NPS, in terms of the UPS Notification;
(n) “UPS Notification” means the notification bearing number F. No. FX-1/3/2024-PR, dated the 24th January 2025,
issued by the Department of Financial Services, Ministry of Finance;
(o) “UPS Payout Order” means authorisation issued by the Pay and Accounts Officer (PAO) to National Pension System Trust containing such details as provided under regulation 20;
(p) “UPS Subscriber” for the purpose of these regulations shall mean a Central Government employee who opts for and is enrolled under UPS in accordance with these regulations.
(2) Words and expressions used herein and not defined under these regulations, shall have the same meaning as defined under the Act and the existing regulations made thereunder.
CHAPTER II
APPLICABILITY
3. Applicability of Unified Pension Scheme. – (1) The option to avail benefits under UPS shall be available to the following category of persons–
(i) An existing Central Government employee in service as on 1st April 2025, who is covered under NPS, in terms of subsection (1) of section 20 of the Act;
(ii) A new recruit in the Central Government services, who joins service on or after the 1st day of April 2025;
(iii) (a)A Central Government employee who was covered under NPS and who has superannuated or voluntarily retired or has retired under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), on or before 31st March 2025; or
(b) the legally wedded spouse in case of a subscriber who has superannuated or retired and has demised prior to exercising the option for UPS.
(2) The exercise of option in respect of an eligible employee to be covered under UPS shall be undertaken: –
(i) within three months from 1st April 2025, or within such extended timelines if any, allowed by the Central Government, in respect of a person mentioned under clause (i) and clause(iii) of sub-regulation (1); and
(ii) within thirty days, from the date of joining Central Government services or within such extended timelines, if any, allowed by the Central Government, in respect of a person mentioned under sub-clause (ii) of sub-regulation (1)
(3) The option once exercised shall be final and irrevocable.
CHAPTER III
ENROLMENT
4. Exercise of Option and Enrolment under UPS. – (1) A person falling under regulation 3, shall exercise the option for being covered under UPS, before end of the option exercise period in the following manner –
(a) A Central Government employee in service as on 1st April 2025, who is subscribed to NPS shall submit an application to the concerned Drawing and Disbursing Officer (DDO) in Form A2 of Schedule I to enrol in UPS option under NPS in accordance with these regulations;
(b) In case of a new recruit to the Central Government services joining on or after 1stApril 2025, the existing process of enrolment under NPS shall continue. In case such new recruit chooses the UPS option under NPS, such person shall submit an application to the concerned DDO in Form A1 of Schedule I, to enrol in UPS option under NPS in accordance with these regulations;
(c) An eligible Central Government employee who has superannuated or retired under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, on or before 31stMarch 2025, and was covered under NPS, shall submit an application in Form B2 of Schedule I along with KYC documents, to the concerned DDO, to avail the benefits under the UPS option, in the manner specified under these regulations;
(d) In case of a deceased Central Government employee who has superannuated or retired under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, on or before 31stMarch 2025, and was covered under NPS and was eligible to avail benefits under UPS, the legally wedded spouse shall submit an application to the concerned DDO in Form B6 of Schedule I, along with KYC documents, to avail the benefits under the UPS option, when such benefits become due and payable in the manner specified under these regulations.
(2) The Forms listed as A1, A2, B2 and B6 in Schedule I, as may be applicable, may be submitted online through the CRA portal or physically to the Head of Office or DDO.
(3) In case of online submission of Forms through the CRA portal, the CRA shall provide an acknowledgement to such person and simultaneously forward the same to DDO for verification. The DDO shall update the records in CRA system after obtaining necessary details, from the Head of Office and forward the same to the PAO for its authorisation in such system.
(4) In case a person mentioned in sub-regulation (1) is not able to exercise the UPS option through the CRA portal, such person shall have the facility to submit Form physically to the Head of Office directly or through DDO. In such cases, the Head of Office shall forward the option information to the DDO. The DDO shall update the records in the CRA system after obtaining necessary information received from the Head of Office and forward the same to PAO for its authorisation in such system.
(5) A person eligible to exercise option as provided under sub-regulation (1) and who does not exercise the UPS option under NPS within the timelines laid down shall be deemed to have opted to continue under NPS without UPS option.
5. Permanent Retirement Account Number (PRAN). – (1) An employee specified under clause (a) and (b) of sub-regulation (1) of regulation 4 who has opted for UPS option under NPS by submitting Forms A1 or A2, as may be applicable and whose application has been duly authorised by the concerned PAO, in the manner specified under the said regulation, shall be identified by a Permanent Retirement Account Number tagged to UPS.
(2) In respect of a person specified under clause (c) and (d) of sub-regulation (1) of regulation 4 and who has opted for UPS option under NPS by submitting Form B2 or B6, as applicable and upon due authorisation by the concerned PAO, shall be identified by his erstwhile PRAN, tagged to UPS.
(3) The CRA shall transfer the individual corpus of UPS Subscriber falling under clause (a) of sub-regulation (1) of regulation 4, upon opting for UPS and after due authorisation by the concerned PAO, to the PRAN tagged to UPS in such manner and within such timelines as may be determined by the Authority.
(4) UPS Subscriber may, in addition to his UPS account, have additional account under NPS (Tier I and Tier II) on a voluntary basis under All Citizen model.
CHAPTER IV
CONTRIBUTIONS
6. Individual Corpus. – (1) The monthly contribution of the UPS Subscriber shall be ten percent. of the basic pay (including non-practising allowance, where applicable) and dearness allowance thereon, which shall be credited to the individual PRAN of UPS Subscriber.
(2) The monthly contribution of the UPS Subscriber shall be matched by the Central Government by crediting an equal amount, to the individual PRAN of the UPS subscriber.
(3) The DDO shall deduct the contribution from the salary of the Central Government employee and send the bill to the PAO or Cheque Drawing and Disbursing Officer (CDDO) as the case maybe along with the details of contribution deducted in respect of each UPS Subscriber on or before the twentieth day of each month.
(4) The PAO or the CDDO as the case may be shall, based on the details of contributions in respect of each UPS Subscriber sent by DDO to PAO or CDDO, prepare and upload a Subscriber Contribution File (SCF) and generate transaction ID in the system of the CRA, on or before the twenty fifth day of each month.
(5) The PAO or the CDDO as the case may be, shall remit the employee contribution and matching co-contribution by the Central Government to the trustee bank through the accredited bank by the last working day of each month.
Provided that the contribution for the month of March shall be remitted by the PAO or CDDO to the trustee bank through the accredited bank on the first working day of the month of April.
Provided further that in respect of an employee who has subscribed to NPS as on 31st March 2025, and has opted for UPS, the first contribution under UPS of such subscriber shall be credited in the month following exercise of choice by such subscriber.
Provided further that the first contribution of a newly recruited Central Government employee shall be credited to the individual PRAN within twenty days from the date of submission of application or by the last date of the month, in which the Central Government employee joined, whichever is later.
7. Pool Corpus. – (1) The Pool Corpus shall comprise of: –
(i) additional Central Government contribution at an estimated eight and half percent. of Basic Pay (including non-practising allowance, wherever applicable) plus Dearness Allowance, on aggregate basis of all employees who have chosen the UPS option;
(ii) transfer of balance from the individual corpus of a subscriber as per regulation 19 (3); and
(iii) any other contribution defined by the Central Government.
(2) The Pool Corpus shall be managed by the pension fund(s), in accordance with the instructions of the Central Government as specified under regulation 10 and such other directions as may be issued by the Authority in that behalf.
8.Fund Based System. –(1) The UPS, being a ‘fund-based’ system, relies on the regular and timely accumulation and investment of applicable contributions (from both the employee and the employer) for assured payout to the employees post superannuation or retirement, as the case may be.
(2) The assurance of timely and regular payout of benefits under UPS shall depend upon adequacy of funds under individual and pool corpus.
CHAPTER V
INVESTMENT OF CONTRIBUTIONS
9. Investment Objective. –The contributions shall be invested and managed by the pension fund(s) with an objective to optimize returns on the investments, ensuring safety of contribution in the interest of UPS subscriber(s). The pension fund(s) shall take adequate steps and exercise prudence, diligence, and its technical expertise while undertaking fund management.
10. Investment of Pool Corpus. – (1) The Pool Corpus shall be allocated to such pension fund(s) as determined by the Central Government, who shall invest the funds in accordance with the investment pattern and related aspects thereto, as approved by the Central Government. The Authority shall, subject to such instructions, issue investment guidelines which the pension funds shall adhere to.
(2) The Pool Corpus shall be audited annually by an auditor to be appointed by the Authority.
Explanation: Auditor shall have the same meaning as mentioned under section 141of the Companies Act, 2013.
11. Investment of Individual Corpus. – (1) UPS Subscriber shall have an option to choose the pension fund and the investment pattern including a default pattern in accordance with the guidelines issued by the Authority, for the investment of contributions made in the individual corpus under UPS.
(2) UPS Subscriber shall have the choice of default pattern of pension fund(s) and default investment; or
(3) A UPS Subscriber may choose any one of the pension funds registered with the Authority.
Provided that a UPS subscriber not exercising such choice of pension fund shall be deemed to have opted for default pattern as determined by the Authority.
(4) A UPS Subscriber exercising choice of pension fund other than default pattern, shall choose any one of the following investment choices:
(i) option to invest hundred percent. of the funds in Government securities (Scheme G); or
(ii) option of any one of the following Life Cycle based schemes:
(A) Conservative Life Cycle Fund with maximum exposure to equity capped at twenty- five percent. LC-25; or
(B) Moderate Life Cycle Fund with maximum exposure to equity capped at fifty percent. LC-50.
(5) UPS Subscriber shall have an option to change the choice of pension fund once in a financial year and investment choice twice in a financial year.
(6) Pension fund shall give out easily understandable information about past performance of its schemes to the UPS Subscriber to enable such subscriber to make informed choices while opting for pension fund and investment patterns.
(7) UPS Subscriber exercising choice of pension fund and investment pattern, as permissible, shall be entitled to surplus amount, if any, or be liable for shortfall, if any, in the individual corpus under UPS, as compared to the benchmark corpus.
(8) Surplus amount (i.e., the excess of individual corpus over benchmark corpus), if any, computed on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, shall be paid to the UPS subscriber after issuance of the UPS Payout order.
(9) Shortfall amount (i.e., the deficit of individual corpus as compared to benchmark corpus), if any, may be replenished by the UPS subscriber at any point of time before or on superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, and not later than submission of Form B1. If such shortfall is not replenished by the UPS Subscriber, then such subscriber shall be entitled to proportionately reduced payout at the time of superannuation or retirement.
(10) The value and units in the individual corpus and benchmark corpus of the UPS Subscriber shall be informed to such subscriber by the CRA.
Provided that a final computation of the value of the individual corpus as compared to the benchmark corpus of a UPS Subscriber shall, for the purpose of availing benefits, be determined as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable.
(11) The information of individual corpus and the benchmark corpus of a UPS Subscriber shall be available in the UPS PRAN account statement on a monthly basis.
12. Benchmark Corpus. – (1) For each employee covered under NPS, who has exercised the UPS option, a benchmark corpus value shall be computed by CRA for comparison with individual corpus based on the following assumptions:
(i) regular and timely receipt of applicable contributions of both, employer and employee, for each month of qualifying service, as specified under sub-regulation (1) and (2) of regulation 6;
(ii) contributions being invested as per default pattern determined by the Authority;
(iii) no partial withdrawals made during accumulation phase;
(iv) any voluntary contributions made shall not be considered; and
(v) any contributions for the period before the commencement of the qualifying service under the Central Government shall not be considered.
(2) The Benchmark Corpus value shall be based on the net asset value (NAV) of the default pattern, and corresponding units in the benchmark corpus. In respect of missing contribution(s), for any period, the net asset value shall be based on last working day of the month in which contribution(s)is to be received, for the period from 01st April 2025 and the same shall be declared for each month by the Authority.
(3) Where UPS Default Pattern is managed by more than one pension fund, the weighted average NAV shall be considered based on the ratio of the monthly average asset under management (AAUM) of UPS scheme managed by the pension fund to the total AAUM of UPS Default pattern managed by such multiple pension funds. The formula for calculating the weighted average NAV is as under:
NAV =IWi * NAVi i=1
Where,
Wi = E AAUMi
i=1
where ‘i’ is the pension fund and ‘n’ is the total number of Pension Funds under Default Pattern; AAUMi is the average scheme AUM for the said month for the ith pension fund
W1, W2, W3,…, Wn are the weights based on the average scheme AUM of the month for each pension fund for the considered month; and
NAV1,NAV2,NAV3,…, NAVE are the NAVs corresponding to each pension fund respectively on last working day of the month
The NAV computed using the above-mentioned methodology for the past period is provided under Schedule II.
(4) Benchmark corpus shall be computed in the following manner:
(i) Partial withdrawals made out of individual corpus and voluntary contributions made into the individual corpus
shall not be considered in the computation.
(ii) For contributions received prior to 1st April, 2025: monthly contributions shall be considered as and when they have been received and be valued on default pattern.
(iii) For contributions received on or after 1st April, 2025: (a) monthly contributions which are to be received in that month, shall be considered as and when received during the month and valued on default pattern.
(b) In the event of any missing contribution in any month, value shall be based on the weighted average NAV of default pattern as on the last working day of the month applied to monthly contributions of previous full month.
(iv) Contributions arising from arrears, such as arrears of Dearness Allowance shall be considered and valued on the default pattern as and when they are received.
(5) Illustrative examples as to working of benchmark corpus under different scenarios are provided under Schedule III.
CHAPTER VI
BENEFITS
13. Eligibility to receive Benefits. – (1) Subject to the conditions specified, UPS benefits shall be available only in the following cases:
(a)In case of an employee superannuating after qualifying service of ten years, from the date of superannuation.
(b)In case of Central Government retiring an employee under the provisions of Fundamental Rule 56 (j) (which is not a penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965) from the date of such retirement.
(c)In case of voluntary retirement after a minimum qualifying service period of twenty-five years, from the date such employee would have superannuated, if the service period had continued to superannuation.
(2) Notwithstanding enrolment of an employee in the UPS option under NPS, such option shall cease to apply in case of a UPS Subscriber who has been removed or dismissed from service or who has resigned his services.
Explanation: For the purpose of benefits under these regulations, qualifying service shall be the completed months for which UPS subscriber has rendered regular services under the Central Government, to be determined by the Head of Office, where such subscriber was employed at the time of superannuation or retirement, as the case may be, taking into account the following:
(i) (a) In respect of a Central Government employee covered under clause (i) and clause (iii) of sub-regulation (1) of regulation 3, qualifying service shall commence on such date from which such person was eligible to be enrolled under NPS in Central Government;
(b) In respect of new recruits covered under clause (ii) of sub-regulation (1) of regulation 3, qualifying service shall commence on such date from which such person is eligible to be enrolled under UPS.
(ii) The end date of qualifying service in respect of persons covered under sub-clause(a) and (b) of clause(i) of this explanation shall be the date of superannuation or retirement, as the case may be.
(iii) In case of unauthorised absence from service, the qualifying service shall not include the entire past period of service including the period of such unauthorised absence, if the same is not condoned by the competent authority.
Provided that where any unauthorised absence is condoned by the competent authority, entire past period of service shall be counted towards qualifying service except the period of such unauthorised absence which shall not be counted.
Provided further that where any unauthorised absence is regularised by the competent authority through leave due and admissible to such employee, the entire past period and such regularised leave period shall be counted.
(iv) The qualifying service shall not include any period spent by an employee on deputation or foreign service for which applicable contribution has not been received under the individual corpus and the pool corpus. The applicable contribution share shall be calculated in such manner as may be determined by the Authority in consultation with Central Government.
(v) The qualifying service shall include the time passed by a Government employee under suspension pending inquiry into his conduct where, on conclusion of such inquiry, he has been fully exonerated or only a minor penalty is imposed and the suspension is held to be wholly unjustified. In cases not covered above, the period of suspension shall not count unless the authority competent to pass orders under the service rules governing such cases expressly declares at the time that it shall count to such extent as the competent authority may declare. In all cases of suspension, the competent authority shall pass an order specifying the extent to which, if any, the period of suspension shall count as qualifying service and a definite entry shall be made in the service book of the Government employee in this regard.
(vi) In case of extraordinary leave other than extraordinary leave granted on medical certificate, the appointing authority may, at the time of granting such leave, allow the period of that leave to count as qualifying service if such leave is granted to a Government employee – (i) due to his inability to join or re-join duty on account of civil commotion; or (ii) for prosecuting higher scientific and technical studies.
Provided that in the case of extraordinary leave other than extraordinary leave granted on medical certificate and extraordinary leave allowed to be counted as qualifying service under clause (v) above, at the time of grant of such leave, a definite entry shall be made in the service book of the Government employee to the effect that the period of extraordinary leave shall not be treated as qualifying service and such an entry in the service book, if not made at the time of grant of extraordinary leave, can be made subsequently but not later than six months before the date of retirement of the Government employee on superannuation and if no such entry is made in the service book, the period of extraordinary leave shall be treated as qualifying service.
The illustrative examples on computation of qualifying service are provided under Schedule IV.
14. Lumpsum Payment. -(1) A UPS Subscriber shall be entitled to lumpsum payment equivalent to one-tenth of last drawn basic pay(including non-practising allowance, if applicable) and dearness allowance thereon, as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, for each completed six months of qualifying service as certified by Head of Office.
(2) The lumpsum amount shall be calculated based on the following formula:
Lumpsum Payment = (E/10) x L
Where;
Emoluments (E) = {Basic Pay (including non-practising allowance, if applicable) + Dearness Allowance} on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable
Length of service (L) = number of completed six months of qualifying service as certified by Head of Office
Explanation: For the purpose of calculation of every completed six months of qualifying service, any period less than six months shall not be taken into account.
(3) This Lumpsum Payment shall be in addition to the assured payout payable to the UPS subscriber and shall not affect the quantum of assured payout and shall be payable upon superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable.
15. Payout under UPS. -(1) Payout shall be computed and payable as applicable, in the following manner:
(i) Assured payout: Assured payout shall be payable at fifty-percent. of the average of the last twelve months Basic Pay (as certified by Head of Office) immediately prior to the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, subject to completion of minimum twenty-five years of qualifying services by a UPS subscriber, computed as per regulation 13.The formula for calculating assured payout is as under:
Assured Payout (A) = (1/2 of P) x (Q/300)
Where:
P = average of Basic Pay for last twelve months, as certified by the Head of Office, from the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable
Q = months of qualifying service as certified by the Head of Office
(Provided where Q is –
Less than 120, UPS shall not be applicable
More than 300, then Q shall be taken as 300)
(ii) Minimum Guaranteed Payout: The minimum guaranteed payout under UPS shall be Rupees Ten Thousand per month subject to completion of minimum ten years of qualifying services by a UPS subscriber. The formula for calculation of Minimum guaranteed payout:
If (1/2 of P) x (Q/300) < 10,000, and:
Q is more than or equal to 120
Then Minimum guaranteed payout shall be Rs. 10,000/-
(iii) Proportionate Payout: In case of Qualifying service period of ten years or more, but less than twenty-five years, proportionate payout shall be payable.
(iv) Admissible Payout: Assured payout shall be proportionately reduced in any or both of the following cases –
(a) Individual corpus is less than the benchmark corpus as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable;
(b) Final withdrawal not exceeding sixty percent. of the individual corpus, as opted by a subscriber.
The assured payout so proportionately reduced shall be payable as admissible payout. The formula for calculating admissible payout is as under:
Admissible Payout = Assured Payout x IC/BC x (1-FW%)
Where,
IC= value of Individual Corpus
BC= value of Benchmark Corpus
with condition of IC ≤ BC
FW= Final withdrawal in percentage points (maximum upto sixty percent of Individual Corpus or Benchmark Corpus, whichever is lower).
Provided that if the individual corpus is less than benchmark corpus, UPS Subscriber shall have a choice to replenish the shortfall at any point of time before or on superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable.
Illustrative examples as to working of admissible payout under different scenarios are provided under Schedule V.
(2) Final Withdrawal Percentage:(i) UPS Subscriber or the legally wedded spouse, as the case may be, shall also have an option to withdraw an amount not exceeding sixty percent. of the individual corpus or benchmark corpus, whichever is lower, available in the PRAN tagged to UPS as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, subject to proportionate reduction in the assured payout payable to such UPS Subscriber.
Provided that in case the individual corpus is more than the benchmark corpus as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, the final withdrawal amount shall be calculated on the benchmark Corpus and the excess amount in the individual corpus shall be credited to the designated bank account of the UPS Subscriber.
(ii) Such final withdrawal shall be admissible on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable.
16. Family Payout. – (1) Upon demise of a UPS Subscriber who was receiving admissible payout, as the case may be, the legally wedded spouse of such deceased subscriber shall receive for life, family pay out of sixty percent. of the amount of the admissible payout drawn by the subscriber immediately prior to the demise.
(2) In case of a deceased Central Government employee under NPS who has superannuated or retired on or before 31st March 2025, and was eligible to receive benefits under UPS, the legally wedded spouse, upon submission of claim and authorisation thereof, shall receive the difference of sixty percent. of the admissible payout payable to such UPS Subscriber and sixty percent. of representative annuity amount, as family payout after the date of demise, besides following benefits that shall become vested in the deceased employee, on the date of superannuation or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, until the date of demise and be payable to the legally wedded spouse:
(i) lumpsum payment payable to such deceased employee;
(ii) monthly top-up amount payable to such deceased employee after the date of superannuation or retirement, until the date of demise;
(iii) applicable dearness relief; and
(iv) simple interest as per applicable Public Provident Fund rates on arrears with respect to above benefits for the past period, which interest shall become due from the following month after superannuation or retirement up to the month preceding the submission of claim Forms.
Provided that no interest shall be payable where the UPS option form is submitted beyond the stipulated time period, for the period of such delay.
17. Dearness Relief. – Dearness Relief as declared by the Central Government from time to time, shall be payable on the admissible payout and family payout, as the case may be. Dearness Relief shall be payable only when admissible payout commences.
CHAPTER VII
PARTIAL WITHDRAWAL
18. Partial Withdrawal. –(1) UPSSubscriber shall be eligible to make partial withdrawals from the individual corpus under the UPS PRAN, after completion of lock-in period of three years from the date of enrolment under UPS or NPS whichever is earlier, up to a maximum of three times in total including the number of withdrawals, if any already made under NPS in terms of PFRDA (Exits and Withdrawals under National Pension System) Regulations, 2015, during the entire tenure under UPS.
(2) Such withdrawals shall not be made for more than twenty-five percent. of the own contributions (excluding accretion thereon) made by the UPS Subscriber, as on the date of application for withdrawal and subject to such conditions as specified under this regulation.
(3) Such withdrawal request shall be permitted for any of the following purposes only:
(a) for higher education of his or her children including a legally adopted child;
(b) for the marriage of his or her children, including a legally adopted child;
(c) for the purchase or construction of a residential house or flat in his or her own name or in a joint name with his or her legally wedded spouse. In case, the subscriber already owns either individually or in the joint name a residential house or flat, other than ancestral property, no withdrawal under these regulations shall be permitted;
(d) for treatment of illnesses: if the UPS Subscriber, his legally wedded spouse, children, including a legally adopted child or dependent parents suffer from any illness, which requires hospitalization;
(e) to meet medical and incidental expenses arising out of the disability or incapacitation suffered by the UPS Subscriber;
(f) towards meeting the expenses by UPS Subscriber for skill development or reskilling or for any other self-development activities.
(4) Where a UPS Subscriber is suffering from any illness, the request for partial withdrawal may be submitted, by any family member of such subscriber, as recorded and certified by the nodal office.
(5) A subscriber who has made a partial withdrawal shall have an option to replenish the value of such withdrawal before the date of superannuation or retirement, as the case may be.
CHAPTER VIII
PAYMENT OF BENEFITS
19. Payments under UPS. – (1) The payment of benefits to UPS Subscriber shall be in accordance with the UPS Notification, these regulations and guidelines, circulars, instructions or any directions issued by the Authority or the Central Government, as the case may be.
(2) The application for payment of benefits under UPS shall be made in the applicable Forms in Schedule I and submitted to the Head of Office or DDO:
(i) In respect of benefits to a UPS subscriber covered under clause (i) and (ii) of sub-regulation (1) of regulation 3;
(a) The UPS Subscriber shall submit Form B1 contained in Schedule I, at the time of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable; or
(b) The legally wedded spouse shall submit Form B3, in case the deceased UPS subscriber has availed benefits under UPS or Form B5 in case the deceased UPS subscriber was eligible for UPS benefits but had not yet availed UPS benefits, to avail family payout after death of an employee.
(ii) In respect of benefits admissible to a UPS subscriber covered under clause (iii) of sub-regulation (1) of regulation 3:
(a) The past retiree shall submit Form B2 as provided in Schedule I.
(b) The legally wedded spouse shall submit Form B4, in case the deceased subscriber has availed benefits of UPS or Form B6 in case the deceased subscriber has not exercised the option of UPS as applicable, contained in Schedule I in case of past retirees, within the time specified for the purpose.
(3) The UPS Subscriber, at superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable, shall authorise the transfer of the value of units in the individual corpus to the pool corpus, which shall not exceed the value of the benchmark corpus. In case the value of the individual corpus authorised for transfer is less than the value of benchmark corpus, assured payout shall be proportionately reduced, unless the shortfall is replenished.
(4) In respect of employee who has superannuated or retired on or before 31st March2025, there shall be no requirement of transfer of individual corpus to the pool corpus. However, benefits under UPS as are admissible to such employees shall be paid out of the Pool Corpus.
20. UPS Payout Order. – (1) The benefits payable to a UPS Subscriber shall be recorded by the respective PAO in a UPS Payout Order as provided in Form B1, B2, B3, B4, B5 or B6 in Schedule I, as may be applicable, and sent to the National Pension System Trust through CRA. A copy of such UPS Payout Order shall simultaneously be made available to the UPS Subscriber or the legally wedded spouse, as the case may be.
(2) The UPS Payout Order shall include the following details:
i. requisite details of UPS Subscriber including particulars of legally wedded spouse of such subscriber as appearing in the service records, as on the date of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965), as may be applicable;
ii. the period of qualifying service (in accordance with regulation13) determined by the Head of Office, at the time of superannuation or voluntary retirement or retirement under Fundamental Rules 56(j) (which is not treated as penalty under Central Civil Services (Classification, Control and Appeal) Rules,1965), as may be applicable;
iii. Details of joint bank account of the UPS Subscriber and legally wedded spouse;
iv. Percentage of final withdrawal upto sixty percent. of individual corpus as opted by UPS Subscriber;
v. Details of benefits applicable under UPS as specified under these regulations, such as:
a. lumpsum payment;
b. value of individual corpus and benchmark corpus as computed by the CRA in its system;
c. assured payout;
d. admissible payout;
e. family payout;
f. applicable dearness relief.
vi. the date of commencement of admissible payout to subscriber; and
vii. such other details as may be determined for facilitating payments.
(3) In the case of an employee seeking voluntary retirement after completion of twenty-five years of qualifying service, the UPS payout order shall mention the date of commencement of admissible payout, being the next day after the date, employee would have superannuated if continued in service.
21. Processing of UPS Payout Order. – (1) Upon receipt of UPS Payout Order, NPS Trust shall authorise –
(i) release of admissible payout;
(ii) release of lumpsum payment;
(iii) release of final withdrawal;
(iv) release of the surplus amount in the individual corpus, if any over the benchmark corpus; and
(v) dearness relief on the Admissible Payout.
(2) The NPS Trust shall ensure payment of monthly payout from the Pool Corpus to the bank account of the UPS Subscriber and periodic release of applicable dearness relief. For this purpose, CRA shall intimate to the pension fund to effect redemption from the Pool Corpus for payment of such payout to the subscriber.
22. Payment of benefits to Superannuated or Retired Employees under National Pension System. – (1) In respect of superannuated or retired employee under NPS on or before 31st March 2025, and who has complied with the requirements under regulation 4 and regulation 19 shall be eligible to receive the following benefits –
(i) lumpsum payment;
(ii) monthly top-up amounts due immediately after the date of superannuation or retirement;
(iii) applicable dearness relief; and
(iv) simple interest as per applicable Public Provident Fund rates on arrears with respect to above benefits for the past period from the month after superannuation up to the month preceding the submission of claim forms.
Provided that no interest shall be payable for the period beyond the last date of submission of option or claim as per clause (ii) of regulation 3.
(2) The benefits specified under sub-regulation (1) shall be in addition to the benefits availed or accrued to such employee under NPS including annuity, if any under NPS.
(3) The monthly top-up amount admissible to a person shall be the sum of admissible payout and Dearness Relief thereon less the applicable representative annuity amount for such person computed under this regulation. The computation of representative annuity amount for such person shall be based on the annuity rate declared by the Authority, utilising such percentage of the individual corpus under NPS Tier I annuitized at the time of exit from NPS. The representative annuity rates for the period from January 2014 to March 2025 are provided in Schedule VI.
(4) The formula for computing monthly top-up amount is as under:
Monthly top-up = (Admissible Payout + Dearness Relief on Admissible Payout)- Representative Annuity amount Where;
(a) Admissible Payout = Assured Payout x ((IC /BC) x(1-FW%) In case IC is greater than BC, IC shall be taken as equal to BC. Where, Assured Payout, IC, BC and FW shall be as per applicable regulations
(b) Representative Annuity Amount = Individual Corpus x(1-FW%) x (Representative Annuity Rate)/(12 x 100).
In case IC is greater than BC, IC shall be taken as equal to BC.
The Dearness Relief in respect of employees superannuating or retiring as the case may be, after implementation of subsequent pay commission, shall be as determined by the Central Government.
Dearness relief shall only be applicable with effect from 01st January 2016 as per 7th Pay Commission rates.
Illustrative examples of top-up amount computation are given under Schedule VII.
(5) In respect of such superannuated or retired employee as on 31st March 2025, who wants to avail the benefit of assured payout, instead of availing monthly top-up shall have the option to replenish the shortfall on account of partial withdrawal, if any, and equivalent to the benchmark corpus, as on the date of superannuation or retirement, as the case may be. The amount to be replenished shall be calculated at the NAV rate of units as on date of exercising the option.
(6) The National Pension System Trust shall authorise the release of benefits as contained in the UPS Payout order, from the pool corpus. The National Pension System Trust shall ensure payment of monthly top-up amount from the pool corpus to the bank account of the UPS Subscriber and periodic release of applicable Dearness Relief. For this purpose, CRA shall intimate the pension fund to effect redemption from the pool corpus for payment of such payout to the subscriber.
23. Filing of claim by eligible employee superannuating or retiring, as the case may be, from 1st April 2025. – (1) Every Head of Office shall have a list prepared every three months i.e., on the 1st January, 1st April, 1st July and 1st October of every year of all the Central Government employees who are due to retire within the next twelve months from the respective date, and who are eligible for benefits under UPS.
(2) A copy of such list as specified in sub-regulation (1) shall be provided to the PAO concerned, not later than 31st January, 30th April, 31st July or 31st October as the case may be.
(3) The PAO shall keep updated the service records of such employees covered under sub-regulation (1).
(4) The CRA shall make available to DDO and PAO in their CRA system login the details of partial withdrawals made if any, by superannuated or retired employee, and value of individual corpus and benchmark corpus as on the date of superannuation or retirement.
(5) The DDO shall update the records in CRA system after obtaining necessary details, if required from Head of Office and forward the same to PAO for its authorisation in such system.
(6) Based on the verification of subscriber details by Head of Office, the PAO shall issue a UPS Payout order, as per Form B1, B3 or B5, as applicable, containing details as specified under regulation 20.
(7) Upon receipt of UPS Payout Order by National Pension System Trust together with option of final withdrawal if any by the UPS subscriber, the National Pension System Trust shall authorise the release of UPS benefits as specified under these regulations and authorise the transfer of the balance in the individual corpus to pool corpus.
(8) The National Pension System Trust shall ensure payment of monthly payout from the Pool Corpus to the bank account of the UPS subscriber and periodic release of applicable dearness relief. For this purpose, CRA shall intimate to the pension fund to effect redemption from the Pool Corpus for payment of such payout to the subscriber.
CHAPTER IX
ROLE OF INTERMEDIARIES AND OTHER ENTITIES
24. Intermediaries and Entities implementing UPS. – (1) UPS shall be implemented through NPS architecture, by such of the intermediaries registered with the Authority, namely National Pension System Trust, Pension Fund, Central Recordkeeping Agency, Trustee Bank and Custodian of Securities and the registration granted by the Authority under the Act and in terms of specific regulations shall enable such intermediaries to undertake activities under UPS, during the tenure of such registration. The nodal offices of the Central Government including Head of Office, PAO, DDO and CDDO shall also be part of the implementation process.
(2) The entities involved in implementation process shall perform their roles, duties, obligations and responsibilities in accordance with the provisions of the Act, rules, regulations and any directives and instructions of the Central Government and the Authority, as the case may be.
(3) The performance of various obligations towards subscribers in discharge of its functions and the observance of code of conduct laid down under the specific regulations, under which such intermediary has been registered by the Authority shall mutatis mutandis apply to them under these regulations.
(4) The intermediaries entrusted with payout of benefits to subscribers including withdrawals and who hold and provide information and instructions for effecting such pay out, shall conduct its activities with utmost vigil and take measures to prevent unauthorised transactions. It shall be the duty of such intermediaries to prevent any fraud or mismanagement, causing any loss or prejudice to subscribers, in any manner. Towards this purpose, the intermediary shall deploy appropriate technology and trained human resources. The Key Managerial Personnel shall have the overall responsibility of discharging the obligation by the intermediary concerned.
Explanation: “Key Managerial Personnel” shall have the same meaning as defined under the Companies Act, 2013.
(5) An intermediary shall ensure appropriate measures and secure its systems, commensurate to its roles and responsibilities, so as to prevent any fraud or mismanagement and avoid any loss to subscribers, either of monetary or non-monetary nature. Towards this purpose, the intermediary shall conduct periodic checks and report to its management and shall thereafter report to the Authority, through its compliance officer. Besides the intermediary concerned, other entities involved with implementation of UPS shall also devise suitable systems and procedures to avoid any prejudice to subscribers, and the Central Government. The intermediary shall submit a compliance certificate(s) to the Authority in respect of its activities under UPS while submitting the compliances under NPS, as stipulated under the respective intermediary regulations.
(6) The intermediaries and entities shall ensure seamless provision of services to subscriber by working in close coordination with each other and sharing of such facilities and information as is required. The National Pension System Trust shall be responsible to ensure such coordination as is required.
(7) Where any deviation or breach has been noticed by the Intermediary or the entity, it shall forthwith take corrective measures and remove any prejudice caused to subscribers or any group of subscribers, including provision of suitable restitution or compensation, as if such subscriber was not adversely affected, in any manner, notwithstanding any proceedings that may be initiated by the Authority.
(8) The functions, roles, duties, obligations and responsibilities of the intermediary towards provision of services under UPS, shall be in addition to and not in derogation of its functions, duties and responsibilities as laid down under the Act, rules and other regulations notified by the Authority.
25. National Pension System Trust. – (1) The National Pension System Trust undertaking the activities under UPS shall act in accordance with the trust deed and the Pension Fund Regulatory and Development Authority (National Pension System Trust) Regulations, 2015, including the code of conduct.
(2)The National Pension System Trust shall perform its roles and responsibilities as provided under Chapter III of Pension Fund Regulatory and Development Authority (National Pension System Trust) Regulations, 2015 as if the reference to “National Pension System” in such regulations shall extend to “Unified Pension Scheme” option under NPS, as well.
(3) The power, functions and obligations of the Board of Trustees and Chief Executive Officer of the National Pension System Trust, arising under Pension Fund Regulatory and Development Authority (National Pension System Trust) Regulations, 2015 shall extend to activities under UPS, as provided under these regulations. The Chief Executive Officer and the Board of Trustees shall have the overall responsibility of discharging obligation of the National Pension System Trust under these regulations.
(4) The National Pension System Trust shall undertake activities for implementation of UPS in accordance with these regulations, including:
(i) authorise release of UPS benefits, after due verification of UPS Payout Order issued by the PAO of the Central Government;
(ii) authorise release of monthly payout from the Pool Corpus to the bank account of the UPS Subscriber or the legally wedded spouse, as the case may be, and periodic release of applicable dearness relief;
(iii) periodic instructions to CRA to release applicable Dearness Relief;
(iv) checking availability of valid life certificate in CRA system for release of monthly payouts;
(v) authorizing transition of assured payout to legally wedded spouse, upon demise of the UPS subscriber;
(vi) segregation of UPS scheme accounting;
(vii) concurrent audits of assured pay out from pool corpus and its monitoring for Asset-Liability Management;
(viii) ensure coordination among intermediaries and other entities implementing UPS and monitoring such activities;
(ix) ensure adequate and timely reporting to the Authority and the Central Government as may be required; and
(x) any other functions and activities instructed by the Authority.
26. Central Recordkeeping Agency. – (1) The CRA undertaking the activities under UPS shall comply with the terms and conditions of registration as provided under the Pension Fund Regulatory and Development Authority (Central Recordkeeping Agency) Regulations, 2015, including the code of conduct and fit and proper criteria.
(2) The CRA shall perform its roles and responsibilities as provided under Chapter III of Pension Fund Regulatory and Development Authority (Central Recordkeeping Agency) Regulations, 2015 as if the reference to “National Pension System” in such regulations shall extend to “Unified Pension Scheme” option under NPS, as well.
(3) The CRA shall develop appropriate, adequate and dynamic technology, infrastructure, systems, procedures and processes for facilitating the activities under UPS by the concerned intermediaries and subscribers, including:
(i) enrolment and identifiable UPS account to UPS Subscribers;
(ii) enabling permissible choices to UPS Subscribers;
(iii) providing systems and forms to intermediaries and entities to implement UPS;
(iv) designing and providing UPS calculator;
(v) disseminating information to UPS Subscriber, intermediaries and other entities involved in implementation of UPS;
(vi) enabling National Pension System Trust to compute and authorise release of UPS benefits in terms of UPS Payout Order;
(vii) undertaking activities for assured payout;
(viii) obtaining valid life certificate of the payee on an annual basis and report the same to NPS Trust;
(ix) periodic reporting to National Pension System Trust and Authority;
(x) comparison of individual corpus with benchmark corpus;
(xi) reconciliation of Pool Corpus;
(xii) recordkeeping of UPS Payout Order;
(xiii) recordkeeping of dearness relief and its application on assured payout;
(xiv) providing UPS Subscribers’ data on an aggregate basis to pension fund for managing Asset-Liability Management;
(xv) authenticating partial withdrawals in accordance with regulation 18; and
(xvi) any other functions and activities instructed by the Authority.
(4) The CRA shall develop necessary system design and functionalities in its system and maintain adequate technological platform for operationalising the UPS, end to end, within the timelines laid down by the Authority.
(5) The obligations of the management of CRA, Compliance Officer and Principal Officer, appointed by CRA, arising under Pension Fund Regulatory and Development Authority (Central Recordkeeping Agency) Regulations, 2015 shall ipso facto extend to activities under UPS, as provided under these regulations.
(6) The CRA shall abide by the provisions of Schedule III of the Pension Fund Regulatory and Development Authority (Central Recordkeeping Agency) Regulations, 2015, pertaining to infrastructure requirements with such modifications as are required to undertake its activities under UPS.
27. Pension Fund. – (1) The pension fund undertaking the activities under UPS shall comply with the terms and conditions of registration as provided under the Pension Fund Regulatory and Development Authority (Pension Fund) Regulations, 2015.
(2) The pension fund shall perform its roles and responsibilities as provided under Chapter III and Chapter IV of Pension Fund Regulatory and Development Authority (Pension Fund) Regulations, 2015, as if the reference to “National Pension System” in such regulations shall extend to “Unified Pension Scheme” option under NPS, as well.
(3) The obligations of the management of pension fund, compliance officer and key personnel arising under Pension Fund Regulatory and Development Authority (Pension Fund) Regulations, 2015 shall ipso facto extend to activities under UPS, as provided under these regulations.
(4) The pension fund shall abide by the provisions of Schedule VI of the Pension Fund Regulatory and Development Authority (Pension Fund) Regulations, 2015 with such modifications as are required to undertake its activities under UPS.
(5) The pension fund shall undertake activities for implementation of UPS, including:
(i) maintenance of separate scheme and books of account for UPS;
(ii)executing assured pay out from pool corpus based on instructions from CRA;
(iii) liquidity management of Pool Corpus;
(iv) managing the Pool Corpus with the portfolio objective; and
(v) any other functions and activities instructed by the Authority.
28. Trustee Bank. – (1) The trustee bank undertaking the activities under UPS shall comply with the terms and conditions of registration as provided under the Pension Fund Regulatory and Development Authority (Trustee Bank) Regulations, 2015, including the code of conduct and fit and proper criteria.
(2) The trustee bank shall perform its roles and responsibilities as provided under Chapter III of Pension Fund Regulatory and Development Authority (Trustee Bank) Regulations, 2015, as if the reference to “National Pension System” in such regulations shall extend to “Unified Pension Scheme” option under NPS as well.
(3) The obligations of the management of the trustee bank, compliance officer and principal officer, appointed by Trustee Bank, arising under Pension Fund Regulatory and Development Authority (Trustee Bank) Regulations, 2015 shall ipso facto extend to activities under UPS, as provided under these regulations.
(4) The trustee bank shall abide by its obligation pertaining to infrastructure requirements with such modifications as are required to undertake its activities under UPS.
29. Custodian of Securities. – (1) The custodian of securities undertaking the activities under UPS shall comply with the terms and conditions of registration as provided under the Pension Fund Regulatory and Development Authority (Custodian of Securities) Regulations, 2015, including the code of conduct and fit and proper criteria.
(2) The custodian of securities shall perform its roles and responsibilities as provided under Chapter III of Pension Fund Regulatory and Development Authority (Custodian of Securities) Regulations, 2015, as if the reference to “National Pension System” in such regulations shall extend to “Unified Pension Scheme” option under NPS as well.
(3) The obligations of the management of the custodian of securities, compliance officer and principal officer, appointed by custodian of securities, arising under Pension Fund Regulatory and Development Authority (Custodian of Securities) Regulations, 2015, shall ipso facto extend to activities under UPS, as provided under these regulations.
(4) The custodian of securities shall abide by the provision of Schedule IV of the Pension Fund Regulatory and Development Authority (Custodian of Securities) Regulations, 2015, pertaining to infrastructure requirements with such modifications as are required to undertake its activities under UPS.
CHAPTER X
FEES AND CHARGES
30. Fees and Charges. –The fees and charges for the services rendered by the intermediaries shall be in the mode and manner, and subject to such limits, as approved by the Authority. CRA shall be entitled to recover the charges in respect of services to UPS subscribers in the payout phase from Pool Corpus, within the limits approved by the Authority.
31. Regulatory Fees. –The intermediary shall be liable to pay to the Authority such fees and applicable taxes thereon for undertaking activities under these regulations, as determined by the Authority. In case of delay in payment of fee, the intermediary shall be liable for payment of simple interest at rates determined by the Authority or any late fee alongwith applicable taxes thereon.
CHAPTER XI
ACTION IN CASE OF DEFAULT BY INTERMEDIARIES
32. Action in case of Default.- (1) In case of any act of omission or commission by an intermediary which prima-facie entails violation of the provisions of the Act, or the rules or this regulation or any other regulations or instructions, directions or notifications issued either by the Central Government or the Authority, in relation to the provision of UPS, or is considered to be prejudicial to the interest of subscribers under UPS, such intermediary shall be liable to be proceeded against in terms of the provisions of the Act, these regulations and such other specific regulations applicable to the said intermediary, under which it has been granted registration by the Authority.
(2) The provisions of the specific regulations applicable to the said intermediary, dealing with suspension or cancellation of certificate of registration and action in case of default shall apply mutatis mutandis in respect of proceedings referred to in sub-regulation (1).
(3) The proceedings under sub-regulation (1) shall be without prejudice to any action that the Authority may initiate under the provisions of the Pension Fund Regulatory and Development Authority (Procedure for inquiry by Adjudicating Officer) Regulations, 2015.
(4) Besides the intermediary concerned, any person who is connected with such intermediary and in charge of and responsible for provision of services under UPS, including the principal officer(s) and compliance officer, shall also be liable to be proceeded with.
(5) Notwithstanding the provisions of sub-regulation (1) and sub-regulation (2) above, the conduct of any entity involved with the implementation of UPS, which prima-facie is in violation of the provisions of these regulations shall be reported by the Authority, to the Central Government, for taking appropriate action.
CHAPTER XII
INSPECTION AND AUDIT
33. Inspection and Audit. – (1) The inspection and audit of any intermediary, in relation to activities performed under these regulations, shall be in accordance with the provisions of the specific regulations, applicable to the said intermediary, under which it has been granted registration by the Authority. The relevant provisions pertaining to inspection and audit, shall apply mutatis mutandis in such a case.
(2) Without prejudice to provisions of sub-regulation (1), the Central Government or the Authority, may cause any special inspection or audit to be done, in relation to the activities of any intermediary under these regulations or any other entity involved with implementation of UPS, for securing orderly conduct and implementation of UPS or in the interest of subscribers under UPS. The Authority may devise any suitable mechanism for conduct of such special inspection or audit.
CHAPTER XIII
MISCELLANEOUS
34. Redressal of Subscriber Grievances. – The grievances of the subscriber shall be redressed in accordance with the provisions of the Pension Fund Regulatory and Development Authority (Redressal of Subscriber Grievance) Regulations, 2015, and the intermediary shall have suitable mechanism for redressal of grievance of subscribers in accordance with the provisions of the said regulations.
35. Confidentiality. – The intermediary shall maintain absolute confidentiality with respect to all records, data and information received or acquired by it during the course of its working. The intermediary shall ensure updated cyber security measures and prevent breach of data, at all times. It shall not, without the prior permission of the Authority, produce or share such data or information as evidence, or for any other purpose, except as required by the due process of law.
36. Conflict of Interest. -The intermediary shall avoid conflict of interest and make adequate disclosure of its interest and shall put in place a mechanism to resolve any conflict-of-interest situation that may arise in the conduct of its business or where any conflict of interest arises, shall take reasonable steps to resolve the same in an equitable manner. The intermediary shall make appropriate disclosure to Authority of its possible source or potential areas of conflict of duties and interest while acting as such intermediary which would impair its ability to render fair, objective and unbiased services.
37. Compliance and Corporate Governance. –(1) The intermediary shall ensure that good corporate policies and corporate governance is in place. It shall not engage in fraudulent and manipulative transactions and shall not indulge in any unfair competition including resorting to unfair means for inducing other intermediary of the Authority, which is likely to harm the interests of other intermediary or subscriber or is likely to place such other intermediary in a disadvantageous position while competing for or executing any assignment.
(2) The intermediary shall take adequate and necessary steps to ensure that continuity in data and record keeping is maintained and that the data or records are not lost or destroyed. It shall also ensure that for electronic records and data, up-to-date back up is always available with it.
(3)The intermediary shall comply with the directions given to it by the Authority, and shall co-operate with any person or entity designated by the Authority, as and when required and shall not make any untrue statement or suppress any material fact in any documents, reports, papers or information furnished to the Authority or neglect or fail or refuse to submit to the Authority or other agencies with which it is registered, such books, documents, correspondence and papers or any part thereof as may be demanded or requested from time to time.
(4) The intermediary shall ensure that any change in its registration status or any penal action taken by any authority or any material change in financials which may adversely affect the interests of other intermediaries or subscribers is promptly informed to the Authority and any business remaining outstanding is transferred to another registered person in accordance with any instructions of the Authority and as per the provisions of the relevant regulations.
38. Power of Authority to issue Clarifications. -In order to remove any difficulties in the implementation, application or interpretation of these regulations, the Authority may issue clarifications, instructions, guidelines or circulars.
