What Is The Maximum Age Limit For PF Deduction - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Pbskumar2006
General Manager-hr
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Abbasiti
Assistant Engineer, Indian Telephone Industries,
+2 Others

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One of the my company employee has completed the 58 years. As per the PF act ,should the deductions towards the PF contribution continued ,till he works in our company ?
Dear Member,
Under PF Law there is no age of retirement. That means, you can deduct the PF till such time the employee is working for you even after the age 58 / 60.
However, at reaching the age 58, you have to stop the contribution towards Pension and contribute the entire amount of employer share in PF account.
At 58 when you stop contribution to Pension, you have to show in ECR that the member has superannuated with date and divert entire contribution of your share in PF account.
Advise the member to submit through you Pension Form 10C if pensionable service is less than 10 years else Form 10D.

To add what Keshav has said, if the said employee chose to withdraw his PF accumulations along with applying for pension, he can be excluded from PF contributions for the rest of his service with the company. As far as possible, and to reduce cost to company, it is desirable to have a separate appointment for the period after the date of superannuation. With this, he can withdraw the PF accumulations and get the pension also and being so he will become an excluded employee in respect of whom no provident fund liability arises.
Madhu.T.K

Hi,
Employee's Provident Fund Scheme 1952 there is no age bar for the same but there will be no requirement to divert their share of pension contribution to the pension fund.
the provision contained under para 6A of Employee's Pension Scheme 1995 restricting membership of the Pension Scheme till attaining the age of 58yrs
Regards,
Santosh

Dear Madhu ji,
Is it right legally to do?
A person, on re-employment with same employer on very next day of his superannuation, can we keep him out of PF?
Is it right to deprive any person from such social security for which he is entitled just for reducing the cost of employer?
With due respect to you Sir, I would not recommended this.

I too do not want to follow it. But in practice this cannot be denied also because superannuation is not just like a paper arrangement and as such if fresh appointment is given he can very well be deemed to be an excluded employee on the ground that he is in receipt of PF Pension.
Madhu.T.K

The contribution to EPS is to be ceased on date of completion of 58 years. From the next day of completion of 58 years, the member is entitled to get both salary and pension. For example If retirement is at 58 and date of birth is 2nd of a month; then date of completion of 58 years is 1st day of the month. Member is eligible to get pension for the rest of the days of that month.
Abbas.P.S

Dear Friends,
If the person is ceased from the EPS contribution on date of completion of 57 th year of age in intimation to the employer to RPFO and the employer has to prepare 10C form and submit to the RPFO. After attaining the age of 58 year on wards he will get the pension (if he eligible). If the employer wants to continue the employee he may deduct the PF only not pension fund. OR the employer may continue the employee with a designation "RETAINER" and continue the employment then for such person the employer has to deduct TDS. on his monthly remuneration, since the person is 'exempted employee'.
Regards,
PBS KUMAR

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