bcarya Started The Discussion:
Resp. All Seniors,
I request you all to please clarify me one thing that, as we know that, if a employee covered under EPF for 10 yrs then he/she will eligible for EFPS. But, my problem is that, i come to know from a senior person that, if an employee covered under EPF for more than 9yrs and 6 mnths, then he/she will also eligible for EFPS.
Futher, If the length of services includes the service prior to Nov.'1995, then what will be the scenario?
So, please guide on the same.
Dear Bhuwan C.Arya,
If the total service is more than 9 years and 6 months then it is to be round of to 10 years and hence he is eligible for pension.
Employees' Pension Scheme-95 came into effect from 16.11.95. The Employees' Pension Scheme-95 has been conceived as a Benefit defined Social Insurance Scheme formulated following actuarial principles for ensuring long term financial sustenance. The new Employees’ Pension Scheme-95, repealed and replaced the erstwhile Family Pension Scheme, 1971. The assets and liabilities of the erstwhile Pension Fund were transferred and merged with the new Pension Fund. The benefits and entitlements to the members under the old scheme remain protected and continued under the new Employees’ Pension Scheme-95.
Therefore the pension scheme which came into force only on 1995 that does not debar a person from claiming pension (benefits) under Employees pension scheme who joined the establishment before 1995.
Dear Sir, I worked in a company from 1996 to 2008.. in such a case I am also elgible for pension. Pls guide me how to claim? regards, S Rajesh
Resp. Mehrunisa Basima Sir,
Thank you very much for this precious information. The point is quite clear to me now.
But, There is still one problem with the case.
There was one employee in our company who left the services in 2008, when I was not here and his service tenure was 9 Yrs & 11 Months at that time. But, the person who was looking after these issues here, had filed Form 10c & 19 of that employee, and even the provident fund and pension fund was withdrawn too. The employee, him self cleared that he got both the amounts to his account.
Now, the problem is that, as he had w/d all his EPF Fund, still he had sent me the EPF Pension Form 10D and asked me to send it with due attestation.
So, as he had w/d all of his fund amount, still he is eligible to EPS or not...??
Dear Mr. rajesh.emmarrpower,
As your service tenure is of 12 Years, hence you are eligible for Employee Pension Scheme.
So, first of all, when you left the company, have you withdraw your EPF Fund and Do you have the scheme certificate?
For claiming the Pension, you need to apply in EPF Form - 10D.
1. With this form, you will be required to attach the bank a/c proof [copy of passbook/canceled cheque] . For this, you must have an account in the bank, which is designated by EPFO for pension facility. For the details of such bank, you can visit your nearby EPFO.
2. 4 Photographs of your family including you, your spouse and children below age of 25 yrs. Previously EPFO asks for 3 photographs, but now they are taking 4 photographs.
3. Age proof of the member and family, as in the photograph.
4. Any scheme certificate, issued earlier by any EPFO.
All the above documents and form should be attested by your employer, or any gazetted officer.
The form should be submitted in duplicate for home state and triplicate for out of state.
Hope the information will be helpful to you in this regard.
Sorry for the delay in replying.
Yes, he is eligible for pension. It is immaterial whether he has withdrawn the EPF fund or not if he has more than 9 years and 6 months service since he has pensionable service. Suppose he has withdrawn the Pf fund amount after the service of less than 9 years and 6 months then he is not eligible for pension because while withdrawing the amount he is ceased to be the member of EPF and has to start afresh by treating him as a fresh member thereafter ( see para 69 (5) of The employees Provident fund Scheme, 1952).
But, as i told that he had also withdrawn his pension fund. Still he is eligible for pension?
One more thing I want to add that, after 2008, he is not in service.
Dear Bhuwan C. Arya,
As per section 2(ix) of the Employee's Pension Fund Scheme 1995 Memeber is defined as
2(ix) "Member" means an employee who becomes a member of the Employees' Pension Fund in accordance with the provisions of this Scheme.
["EXPLANATION - - An employee shall cease to be the member of Pension Fund from the date of attaining 58 years of age or from the date of vesting admissible benefits under the Scheme, whichever is earlier,"]
Also see section 14
14. Benefits on leaving service before being eligible for monthly members pension.
(1) If a member has not rendered the eligible service ( 10 years) prescribed in paragraph 27 on the date of exit, or on attaining 58 years of age whichever is earlier, he/she shall be entitled to a withdrawal benefit as laid down in Table 'D' or may opt to receive the scheme certificate provided on the date he/she has not attained the 58 years of age:
So as per section 14 those who have not attained 10 years of PF service is not entitled to pension and those persons can withdraw the pension fund. This means that those who have attained 10 years of service cannot with draw the pension fund. But the said employee as already withdrawn the pension fund.
More over as per section 2(ix) an employee who got admissible benefits under the scheme cease to be the member of the fund.
Therefore since the said employee has with drawn the pension fund he is not liable to pension.
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