PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY (EXITS AND
WITHDRAWALS UNDER THE NATIONAL PENSION SYSTEM) (AMENDMENT) REGULATIONS, 2021 – PFRDA NOTIFICATION DATED
14.06.2021
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY
NOTIFICATION
New Delhi, the 14th June, 2021
PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY (EXITS AND
WITHDRAWALS UNDER THE NATIONAL PENSION SYSTEM) (AMENDMENT) REGULATIONS, 2021
No. PFRDA/12/RGL/139/8.—In exercise of the powers conferred by
sub-section (1) of Section 52 read with sub-clause(g), (h), and (1) of
sub-section 2 of Section 52 of the Pension Fund Regulatory and Development
Authority Act, 2013 (Act No.23 of 2013), the Pension Fund Regulatory and
Development Authority hereby makes the following regulations to amend the
Pension Fund Regulatory and Development Authority (Exits and Withdrawals under
the National Pension System) Regulations, 2015 namely, –
- These regulations may be called the
Pension Fund Regulatory and Development Authority (Exits and Withdrawals
under the National Pension System) (Amendment) Regulations, 2021.
- These shall come into force on the date
of their publication in the official gazette.
- In the Pension Fund Regulatory and
Development Authority (Exits and Withdrawals under the National Pension
System) Regulations, 2015: –
(I). Sub-regulation (k)(ii) of Regulation 2 shall be substituted as
below: –
a subscriber having attained the age of sixty years, and where so
specifically permitted has not exercised a choice in writing to continue to
remain subscribed to such system, till such further period as is permissible,
with or without making contributions or in respect of a subscriber who has
joined National Pension System after attaining the age of sixty years (but
before attaining seventy years of age) upon attaining the maximum age permitted
to be subscribed to such scheme or any date prior thereto, based on the
specific request for closure received from subscriber;
(II). Sub-regulation (k)(ii) of Regulation 2 shall be substituted as
below: –
death of the subscriber before attaining the age of superannuation,
or the age of sixty years, or in cases where an option has been exercised by
subscriber to continue to remain subscribed to a certain permissible time
period, death before expiry of such period or death of a subscriber who has
joined National Pension System after attaining the age of sixty years (but
before attaining seventy years of age) at any time prior to attaining the
maximum age permitted to be subscribed to such scheme;
(III). The introductory para under the heading Exit from National
Pension System of Chapter II shall be substituted as below: –
For the purpose of exit from the National Pension System, the
subscribers are categorized and defined as, (1) Government sector, (2) All
citizens including corporate sector and (3) NPS- Lite and Swavalamban
subscribers. The exit regulations specified hereunder shall apply accordingly
to the category to which the subscriber belongs to.
(IV). Sub-regulation (a) (1) of Regulation 3 shall be substituted as
below: –
the following shall be the default annuity contract that will be
applicable and wherein the annuity contract shall provide for annuity for life
of the subscriber and his or her spouse (if any) with provision for return of
purchase price of the annuity and on the demise of such subscriber and his or
her spouse, the annuity be re-issued to the family members in the order
specified hereunder, at the rate of premium prevalent at the time of purchase
of such annuity by utilizing the purchase price required to be returned under
the annuity contract (until the family members in the order specified below are
covered) :
(a) living dependent mother of the deceased subscriber;
(b) living dependent father of the deceased subscriber.
After the coverage of the family members specified above, the
purchase price or the amount which was to be utilised for purchase of annuity
shall be returned to the surviving children of the subscriber and in absence of
children to the legal heir(s) of the subscriber, as the case may be;
In the absence of or non-availability of such a default annuity for
any reason, the subscriber shall be required to exercise the option for
purchase of such annuity of his choice, within the then annuity types or
contracts made available by the annuity service providers empanelled by the
Authority;
Further, a subscriber who wishes to opt out of the default option
mentioned above and wishes to choose the annuity contract of his choice from
the available annuity types or contracts with the annuity service providers,
shall be required to specifically opt for such an option:
(V). Sub-regulation (a) (1) of Regulation 3 shall be substituted as
below: –
where the subscriber desires to defer the purchase of annuity, he
or she shall have the option to do so for a maximum period of three years from
the date of attainment of age of superannuation, provided the subscriber
intimates his or her intention to do so in writing in the specified form or in
any other manner approved by the Authority, at least fifteen days prior to the
attainment of age of superannuation, to the Central recordkeeping agency or
National Pension System Trust or an intermediary or entity authorized by the
Authority for this purpose. It shall be a condition precedent to opt for such
deferment of annuity purchase, that in case if the death of the subscriber
occurs before such due date of purchase of an annuity after the deferment, the
annuity shall mandatorily be purchased by the spouse(if any) providing for
annuity for life of the spouse with provision for return of purchase price of
the annuity and upon the demise of such spouse, be re-issued to the family
members in the order of preference provided hereunder, at the rate of premium
prevalent at the time of purchase of the annuity, utilizing the purchase price
required to be returned under the contract ( until the family members in the
order specified below are covered):-
(a) living dependent mother of the deceased subscriber;
(b) living dependent father of the deceased subscriber.
After the coverage of the family members specified above, the purchase
price or the amount which was to be utilised for purchase of annuity shall be
returned to the surviving children of the subscriber and in absence of children
to the legal heir(s) of the subscriber as the case may be;
(VI) Sub-regulation (a)(v) of Regulation 3 shall be substituted as
below: –
where the accumulated pension wealth in the Permanent Retirement
Account of the subscriber is equal to or less than a sum of five lakh
rupees, or a limit as specified by the Authority, the subscriber shall have the
option to withdraw the entire accumulated pension wealth without purchasing
annuity and upon such exercise of this option, the right of such subscriber to
receive any pension or other amount under the National Pension System or from
the government or employer, shall extinguish;
(VII). Sub-regulation (a) (v1) of Regulation 3 shall be substituted
as below: –
where the subscriber desires to continue in the National Pension
System and contribute to his retirement account beyond the age of sixty years
or the age of superannuation, he or she shall have the option to do so by
giving in writing or in such form as may be specified, and up to which he would
like to contribute to his individual pension account but not exceeding seventy
years of age. Such option shall be exercised at least fifteen days prior to the
age of attaining sixty years or age of superannuation, as the case may be to
the central recordkeeping agency or the National Pension System Trust or any
other intermediary or entity authorized by the Authority for the purpose. In
such cases, individual pension account/ Permanent Retirement Account shall
require to be shifted from Government sector to All citizens including
corporate sector and the expenses, maintenance charges and fee payable under
the National Pension System in respect of the said individual pension
account/Permanent Retirement Account, shall continue to remain applicable:
(VIII). Proviso 1 of sub-regulation (b) of Regulation 3 shall be
substituted as below: –
Provided that such annuity contract shall provide for annuity for
life of the subscriber and his or her spouse (if any) with provision for return
of purchase price of the annuity and on the demise of such subscriber and his
or her spouse, the annuity be re-issued to the family members in the order
specified hereunder at the rate of premium prevalent at the time of purchase of
the annuity, utilizing the purchase price required to be returned under the
annuity contract (until the family members in the order specified below are
covered) :-
(i) living dependent mother of the deceased subscriber;
(ii) living dependent father of the deceased subscriber.
After the coverage of the family members specified above, the
purchase price or the amount which was to be utilised for purchase of annuity
shall be returned to the surviving children of the subscriber and in the case
of absence of children, to the other legal heir(s) of the subscriber, as the
case may be;
In the absence of or non-availability of such a default annuity for
any reason, the subscriber shall be required to exercise the option for
purchase of such annuity of his choice, within the then annuity types or
contracts made available by the annuity service providers empanelled by the
Authority;
Further, a subscriber who wishes to opt out of the option mentioned
above and wishes to choose the annuity contract of his choice, from the
available annuity types or contracts with the annuity service providers, shall
be required to specifically opt for such an option:
(IX). Proviso 2 of sub-regulation (b) of Regulation 3 shall be
substituted as below: –
Provided that if the accumulated pension wealth of the subscriber
is more than two lakh fifty thousand rupees or a limit to be specified by
the Authority for the purpose but the age of the subscriber is less than
the minimum age required for purchasing any annuity from any of the empanelled
annuity service providers as chosen by such subscriber, such subscriber shall
continue to be subscribed to the National Pension System, until he or she
attains the age of eligibility for purchase of any annuity:
(X). Proviso 3 of sub-regulation (b) of Regulation 3 shall be
substituted as below: –
Provided further that if the accumulated pension wealth
of the subscriber is equal to or less than two lakh fifty thousand rupees
or a limit to be specified by the Authority, such subscriber shall have
the option to withdraw the entire accumulated pension wealth without
purchasing any annuity and upon such exercise of this option the right of the
subscriber to receive any pension or other amounts under the National Pension
System shall extinguish and any such exercise of this option by the subscriber,
before the notification of this provision, shall be deemed to have been made in
accordance with this regulation;
(XI). Sub-regulation (c)(i) of Regulation 3 shall be substituted as
below: –
such annuity contract shall provide for annuity for life of the
spouse of the subscriber Gf any) with provision for return of purchase
price of the annuity and upon the demise of such spouse be re-issued to
the family members in the order specified hereunder at the rate of premium
prevalent at the time of purchase of the annuity, utilizing the purchase price
required to be returned under the contract (until the family members in the
order specified below are covered):-
(a) living dependent mother of the deceased subscriber;
(b) living dependent father of the deceased subscriber.
After the coverage of the family members specified above, the
purchase price or the amount which was to be utilised for purchase of annuity
shall be returned to the surviving children of the subscriber and in absence of
children, the legal heir(s) of the subscriber as the case may be. In the absence
of or non-availability of such a default annuity for any reason, the family
member of the deceased subscriber shall be required to exercise the option for
purchase of such annuity of his choice, within the then annuity types or
contracts made available by the annuity service providers empanelled by the
Authority;
(XII). Sub-regulation (c)(1) of Regulation 3 shall be substituted as
below: –
Provided further that if the accumulated pension wealth in the
permanent retirement account of the subscriber at the time of his death is
equal to or less than Five lakh rupees or a limit to be specified by the
Authority, the nominee or legal heir(s) as the case may be, shall have the
option to withdraw the entire accumulated pension wealth without requiring to purchase
any annuity and upon such exercise of this option the right of the family
members to receive any pension or other amounts under the National Pension
System shall extinguish.
(XIII). Sub-regulation (a) of Regulation 4 shall be substituted as
below: –
where a subscriber attains the age of sixty years or superannuates
in accordance with the service rules applicable to such subscriber, at
least forty percent out of the accumulated pension wealth of
such subscriber shall be mandatorily utilized for purchase of annuity
providing for a monthly or any other periodical pension and the balance of the
accumulated pension wealth, after such utilization, shall be paid to the
subscriber in lump sum. In case, the accumulated pension wealth of the
subscriber is equal to or less than a sum of five lakh rupees, the subscriber
shall have the option to withdraw the entire accumulated pension wealth without
purchasing any annuity:
(XIV). Para 2 of proviso 2 of sub-regulation (a)(1) of Regulation 4
shall be substituted as below: –
Notwithstanding exercise of such option or automatic continuation,
the subscriber may exit at any point of time from the National Pension System,
by submitting a request to National Pension System Trust or any intermediary or
entity authorized by the Authority for the purpose. The options of deferment of
lump sum as well as annuity shall not be available to such a subscriber. In
case of death of subscriber during the period of continuation, the entire
accumulated pension wealth of the subscriber shall be paid to the nominee(s) or
legal heir(s), as the case may be, of such subscriber. The nominee(s) or family
member(s) of the deceased subscriber shall have the option to purchase any of
the annuities being offered upon exit, if they so desire;
(XV). Sub-regulation (a)(i11) of Regulation 4 shall be substituted
as below-
the subscriber shall have the option to defer the purchase of
annuity for a maximum period of three years, from the date of attainment of
sixty years of age or the age of superannuation, as the case may be, provided
the subscriber intimates his or her intention to do so in writing in the
specified form at least fifteen days before the attainment of age of sixty
years or the age of superannuation, as the case may be, to the National Pension
System Trust or any intermediary or other entity authorized by the Authority
for this purpose. It shall be a condition precedent to opt for such deferment
of annuity purchase, that in case if the death of the subscriber occurs before
such due date of purchase of an annuity after the deferment, then the entire
accumulated pension wealth of the subscriber shall be paid to the nominee(s) or
legal heir(s), as the case may be, of such subscriber;
(XVI). Proviso 1 of sub-regulation (b) of Regulation 4 shall be
substituted as below
Provided that if the accumulated pension wealth of the subscriber
is more than two lakh fifty thousand rupees but the age of the subscriber is
less than the minimum age required for purchasing any annuity from any of the
empanelled annuity service providers as chosen by such subscriber, such
subscriber shall continue to subscribe to the National Pension System, until he
or she attains the age of eligibility for purchase of any annuity:
(XVII). Proviso 2 of sub-regulation (b) of Regulation 4 shall be
substituted as below
Provided further that if the accumulated pension wealth in the
individual pension account of the subscriber is equal to or less than two lakh
fifty thousand rupees, or a limit to be specified by the Authority, such
subscriber shall have the option to withdraw the entire accumulated pension
wealth without requiring to purchase any annuity;
(XVIII). Sub-regulation (d) of Regulation 4 shall be substituted as
below-
Exit from National Pension System by subscribers, joining such
pension system on or after attaining the age of sixty years (but before
attaining seventy years of age):
(XIX). Sub-regulation (d)(1) of Regulation 4 shall be substituted as
below
In case of a subscriber, joining National Pension System under all
citizens model or in corporate model, on or after attaining the age of sixty
years, (but before attaining seventy years of age) and after having subscribed
to such pension system for at least a period of three years from the date of
such joining and thereafter till he attains the age of seventy five years, on
exit, at least forty percent out of the accumulated pension wealth of such
subscriber shall be mandatorily utilized for purchase of annuity providing for
a monthly or any other periodical pension and the balance of the accumulated
pension wealth, after such utilization, shall be paid to the subscriber in lump
sum. In case, the accumulated pension wealth of the subscriber is equal to or less
than a sum of five lakh rupees or a limit to be specified by the Authority, the
subscriber shall have the option to withdraw the entire accumulated pension
wealth without there being any requirement of purchasing an annuity;
(XX). Proviso 1 of sub-regulation (d)(ii) of Regulation 4 shall be
substituted as below
Provided further that if the accumulated pension wealth in the
individual pension account of the subscriber is equal to or less than a sum of
Rupees two lakh fifty thousand, or a limit to be specified by the
Authority, such subscriber shall have the option to withdraw the entire
accumulated pension wealth without there being any requirement of purchase of
an annuity;
(XXI). Sub-regulation (c)(i) of Regulation 6 shall be substituted as
below-
the amount withheld which are payable under the National Pension
System shall not be paid to such subscriber until the conclusion of the
departmental or judicial proceedings, as the case may be and subject to
the final orders, passed in such proceedings;
(XXII) Sub-regulation (c)(iii) of Regulation 6 shall be substituted
as below-
the amount withheld becomes payable to the subscriber on the final
settlement, as certified by the employer specified, which has sought
withholding of such benefits, and shall be paid to the subscriber as per
applicable regulation while executing exit as soon as possible and in no case
beyond ninety days of receipt of the final order by the National Pension System
Trust or any other entity or person, authorized for the purpose by the Authority:
Provided that, in case the amount withheld becomes payable after
the death of subscriber, on the final settlement, the benefits, shall be paid
to the nominee(s) or legal heir(s), as the case may be of such subscriber as
per the applicable regulations;
(XXIII). Sub-regulation (2) of Regulation 17 shall be substituted as
below-
Within thirty working days of the date of receipt of certificate of
empanelment, the annuity service provider shall initiate action to
operationalise the system and process to be specified by the Authority for
purchase of annuities by the subscribers of the National Pension System.
SUPRATIM
BANDYOPADHYAY, Chairperson
[ADVT.-ITI/4/Exty./102/202 1-22]
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