Senior Hr Executive
General Manager At Plumtech Engineering Pvt.
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 The new Employees’ Pension Scheme-95, repealed and replaced the erstwhile Family Pension Scheme, 1971.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.
9th August 2012 From India, Kochi
10th August 2012 From India, Delhi
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after these issues here, had filed Form 10c & 19 of that employee, and even the provident fund and pension fund was withdrawn too.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...??
13th August 2012 From India, Delhi
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.
13th August 2012 From India, Delhi
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).
15th August 2012 From India, Kochi
i am naveen sharma , i am working as HR Executive but sir its my first job, sir i want to know about the esi and pf challens and returns and whole knowledge about the esi and pf submissions.
please sir guide me.....
thank you sir,
15th August 2012 From India, Delhi
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.
17th August 2012 From India, Kochi
I am now 66 years old and I worked for a Govt. Of India undertaking from June - 1973 to Nov - 1994, a total of just more than 21 years of service. I have been contributing to EPF. I took a voluntary retirement at the end of 1994. I have been paid my EPF in full. I attained the age of 60 on 09.03.2008 (my date of birth is 09.03.1948). Pray tell me whether I am eligible for EPFP? Can I ask the corporation to issue me a "Scheme Certificate"? From the above answers, I learned that I require bank account etc. I do have every conceivable id docs like Aadhar to voter id to credit card statements to voter ids PAN card, driving license etc.
What I want to know is whether I am eligible for the EPF pension scheme from the date of attaining the age of 58 which fell on 09.03.2006?
When I was in that service, there was a talk about this pension scheme among administration people. Since, the people of this department, in those days, tend to be secretive, we, engineers were not in a position to learn about these matters. To be honest, I have never heard a term called HR in those days.
Only last month I came to know about it from a former colleague & friend who is also placed in a similar circumstance and do not know what to do.
I would be very grateful if you kindly enlighten me on this.
21st March 2014 From India, Chennai
14th April 2015
I am an ex ACC (The Associated Cement Companies Ltd ) employee, retired in 2005 after about 31 years of service with the company at their various plant. During initial Family Pension inception days, there use to be option for joining the scheme. I had in-fact opted out (opted no ) to the scheme owing to salaries being very low and for joining the scheme one had to agree for further deduction from already low salaries which use to be in hundreds only.
Subsequently the scheme became compulsory for employees to join the family pension scheme. Under the circumstances that the scheme was made compulsory to all do I fall in the category of eligible (for Pension payment ) candidate.
Kindly find time to address to my query.
2nd May 2017 From India, Pune
As you have mentioned you opted no for the family pension earlier but as per my knowledge, when the family pension was made compulsory in 1995, at that time there was an option for paying Rs. 1 for the past competed year, which I think was paid by the employer. The experts who are handing the statutory compliance since then may clear this.
But, family pension was made compulsory on 16th November, 1995 and as you have mentioned that you retired in 2005, your services may be more than 9years 6months after 1995, and accordingly you will be eligible for family pension.
Your earlier services will be also calculated as past services and you will also get benefit for the same.
In my view, you should approach to your the then company's HR dept for processing your documents.
7th May 2017 From India, Delhi