×

or

New Pension Act: Let’s Give it the Honour it Really Deserves

New Pension Act: Let’s Give it the Honour it Really Deserves

The concept of pension (as an organized form of postretirement plan) was primarily restricted to the government employees in India in its early days. Post the liberalization reforms in early 1990s which opened doors to private entities in the insurance sector, the Indian salaried class witnessed a sudden mushrooming of insurance companies offering various forms of retirement benefits, primarily in the form of ULIPs. In the absence of a statutory regulator to monitor and regulate the functioning of these schemes, however, the investors were reluctant to cash in on these schemes. At the same time, the pension product market was witnessing an unorganised growth, which was likely to put subscribers/ investors on the backfoot in the years to come.

BRIEF BACKGROUND

In 2000, the Old Age Social and Income Security (OASIS) Report, under the chairmanship of Dr. S.A. Dave, recommended that pension schemes be extended to the unorganised sector as well. A dream saw the dawn of its era on September 20 this year when President Pranab Mukherjee gave his assent to the Pension Fund Regulatory & development Authority Act 2011 (“The New Pension Act”).

The new Act is aimed to provide subscribers a wide choice to invest their funds, including assured returns by opting for equity, debt and government bonds, as well as in other funds depending on their capacity to take risk.

ORGANIZATIONAL STRUCTURE OF THE NEW PENSION SYSTEM CREATED VIA THIS ACT

The NPS was first rolled out from May 1, 2009, at various locations across the country which is now consolidated in the new system via Section 13 of the New Pension Act. The main institutions created under the Act include:

  • PENSION FUND MANAGERS
    Pension Fund Managers are appointed by PFRDA to maintain the pension contribution of all subscribers through various schemes offered by PFM. The PFMs will responsible for providing the net asset value of the schemes offered.
  • TRUSTEE BANK
    NPS Trust formed by PFRDA would be responsible for taking care of the funds under the NPS. The Trust would hold an account with the Trustee Bank appointed by PFRDA.
  • ANNUITY SERVICE PROVIDERS (ASP)
    Annuity Service Providers are appointed by PFRDA to maintain the annuity contribution of subscribers. Subscribers will have the option to invest their amount into one annuity scheme upon retirement/ resignation. ASPs would be responsible for delivering a regular monthly pension (annuity) to the subscriber for the rest of his/her life.
  • POP / POP-SP – POINT OF PRESENCE (POP)
    The PoPs shall function as the retailers of the NPS. They shall receive instructions and contributions from subscribers, transmit these to the CRA, and pay out benefits to subscribers. They will be the initial point of contact between subscribers and the system.
  • CENTRAL RECORDKEEPING AGENCY (CRA)
    The central recordkeeping agency is responsible for receiving instructions from subscribers through the points of presence, transmitting such instructions to pension funds, effecting switching instructions received from subscribers and discharging such other duties and functions as may be assigned to it under the certificate of registration or as may be determined by regulations.
DUTIES AND POWER OF THE AUTHORITY

The Authority has the following responsibilities under the Act which include:

  • Regulating the National Pension System and the pension schemes to which this Act applies;
  • Approving the schemes, the terms and conditions thereof and laying down norms for the management of the corpus of the pension funds, including investment guidelines under such schemes;
  • Registering and regulating intermediaries;
  • Protecting the interests of subscribers and redressing grievances of the subscribers and regulating the unregulated assets.
NATIONAL PENSION SCHEME (NPS)

The NPS is based on the principle ’you save while you earn’ especially for retirement. Among other things, the National Pension System shall, on the commencement of this Act, have the following basic features, namely:

  • Every subscriber shall have an individual pension account under the NPS and the same shall be portable in case of change of employment;
  • No withdrawals shall be permitted from the individual pension account, except as may be specified under the regulations;
  • There shall be a choice of multiple pension funds and multiple schemes, provided that one of the schemes shall offer the subscriber an option of investing hundred percent of his funds in government securities;
  • There shall not be any implicit or explicit assurance of benefits except market based guarantee mechanism to be purchased by the subscriber;
  • At exit, the subscriber shall purchase an annuity from a life insurance company in accordance with the regulations.
WHERE THE ACT DOES OR DOES NOT APPLY
  • This Act shall apply to the NPS and any other pension scheme not regulated by any other enactment provided such scheme conforms to the regulations made under the Act.
  • This Act shall not apply to the schemes or funds which fall under specific legislations but are not limited to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Seamen’s Provident Fund Act, 1966, the Jammu and Kashmir Employees’ Provident Funds Act, 1961, etc.
  • Optional
    • Any state government or administrator of a Union Territory may, by notification, extend the NPS to its employees.
    • Any person governed under any of the schemes or funds covered under the excluded section, at his option, may also join the NPS.
OTHER SALIENT FEATURES
  • Extends to the whole of India and to all sectors whether organised or unorganised (albeit for some it may be optional).
  • In order to render security to the funds invested and thus to the subscribers, the Act puts a bar on funds registered under this Act from investing the investor’s funds outside India.
  • Rules & regulation framed under the Act to be tabled in the Parliament and hence would become equivalent to statue in force rather than delegated legislation.
DIFFERENCE BETWEEN NPS AND EARLIER SCHEMES

Some of major differences between NPS and other schemes {such as Employee Pension Scheme (EPS) and General provident fund (GPF)} include:

  • The schemes were non portable between jobs.
  • Earlier, the schemes were structured on the phenomenon of ‘defines benefit’ as against the NPS which is based upon ‘defined contribution’.
  • Under NPS, each PFM is mandatorily required to publish the performance of schemes managed by him at regular intervals. The subscriber can see the balance in his pension account.
CONCLUSION

Under the NPS, PFMs offer an array of schemes with differing risk-return profiles. The final pension wealth will depend on the performance of the schemes chosen by the subscriber. However, the subscriber is exposed to risk at the time of exit from the scheme. If there is a major market shock at the time of retirement, leading to a fall in asset prices, the entire accumulated wealth is at risk.

In the past, for instance during the recession in the United States in 2008, a major chunk of pension money was wrongly invested leading to sub-prime crisis. Despite risks, it is hoped the new Act is a step in the right direction for it gives additional and improved post-retirement planning options to the subscribers. We can draw some hope from the statement of Finance Minister P Chidambaram, who said: “There is enough structure in place in NPS that funds will be managed well and safely. NPS gives better returns than EPS. The returns are more than government bonds. Returns are quite adequate.”

About Author

Nirmol Agarwal

Nirmol is an Advocate at the Supreme Court of India.