Minkooo
Consultant
IR-MANAGER
Manager (ir&legal)
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Couvery
Consultant

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Suppose if the employee dies in an murder attempt on the spot.He left the nominee as her wife both for provident fund and pension fund.His wife is pregnant of 6 months to the date of his husband death.Will the child who is going to born after 4 months will be eligible for pension scheme.
Experts and Seniors please clarify.

Dear Mr. Reddy,
In my opinion, the child even if born posthumously will be eligible for the benefits of the children pension just like he'll eligible in all other legal claims due to his relation with his deceased father like property etc. The Form-20- which is used to claim the PF amount in death case, has few Certificates which is to be issued/clarified by the employer when attesting the claim form and the very first of the certificate is about the child born posthumously. If anyone has anything contrary please provide valuable inputs with proof.
Sincerely,
Amit Kumar

Dear Reddy ji,

I cent percent agree with Shri. Amit Kumar.

Under the law, child in womb if born alive, has all the rights of surviving child.

Even Para 70 of EPF Schme 1952 deals with Accumulation of deceased member - to whom payable. In the explanation under this Para it it clearly mentioned that, for the purpose of this para, a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.

Also Para 72 (4) says that if it is brought to the notice of the Commissioner that a posthumous

child is to be born to the deceased member he shall retain the amount which will be due to the child in the event of its being born alive and distribute the balance. If subsequently no child is born or the child is till-born, the amount retained shall be distributed in accordance with the provisions of para 70.

Even Pension Fund Act 24 of 1956 defines dependent which includes a child of the member, including a posthumous child, an adopted child and a child born out of wedlock.

Government Employees' Pension Scheme and Reserve Bank of India Pension Regulations also recognised the claim on behalf of posthumous child.

But unfortunately in Employees' Pension Scheme 1972 or 1995 there is no such provision came to my reading. Nevertheless, the rights given to the posthumous child by law can not be taken away.

However, I would like to draw the attention to Para 16 (3) (d) of Employees' Pension Scheme 1995 which says that the monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.

Mr. Korgaonkar, Your detailed write-up is highly appreciated and will help many to understand the minute technical points of the EPF Scheme and its provisions. Sincerely, Amit Kumar
Dear Korgaonkar & Amith
Thanks for your valuable suggestions nad clarifications.
I do have one more doubt which i require expalnation from you.
My organnization is EDLI exempted.One of my employee had expired in an attack.He is having wife ,2 male children.He has completed 5 years of service with our comapny.Can you let me know what are the other benifits he will get through ESI other than funeral expenses and EDLI Insurnace, what are the forms to be used for claim.Is there any deadline for applying to ESI for funeral benifits as he has expired on 01.04.2013

Well, its an interesting thread and informative as well. Employee should know about the scenario and do needful as mentioned in that particular situations.
adline for applying to ESI for funeral benifits as he has expired on 01.04.2013[/QUOTE]
-- His widow /Dependents are eligible to get monthly pension benefit. This claim application can be apply by the legal dependents even it is he duty of ESI authorities to determine elgible dependents of the deceased and send them notice for entitlement of ESI pension benefits.

Hi,
Thanks for your reply.
But when i checked with the ESI regional office manager,he told that as the death is not occured in the office premises,the dependants benifit will not come to the dependants.
Can you please let me know whether they will get or not.
rgds,
sidda
9010177726

Dear Sidda,

For the employee's dependents to be eligible to receive the pension benefits from ESIC, it is to be established by you (being the employer) that the employee had died in connection with the duties he was bound by the employment in your company or in other words he died during the course of performance his duty and that there exits a connection between his death and the employment duty he was carrying at the time of his death. Also, after the amendment in the ESI Act a few years ago, an employee who leaves his home to go to his place of work and vice versa, and there happens an accident, that scenario is also counted as during and in the course of his employment and pension benefits will be payable to the dependents subject to the employer filing accident report with all supporting documents and its subsequent approval by the ESIC.

So you should take help from some experienced ESI consultant dealing in the ESI matter in your locality and explain him all the facts relating to case and he'll file the necessary documents with the ESI Authorities as per the requirement and I am sure, if everything will be in order, the employee's dependents'll surely get the benefits.

Sincerely,

Amit


Dear Amit ji,
Thnanks for your feedback.I did the same which you have mentioned in the thread.But the thing is our employee got murdered in an attack of his enemies.ESIC persons told that if it is an accident they can help,as it is a murder they are not going to help.
Rgds,
Sidda


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