I have a query regarding benefit split in case of employee death.
An employee died at early age of 35 and worked for more than 10 years with an organization. When he joined he was unmarried and hence wife was not mentioned as nominee in any forms. He has dependent parents both senior citizens and kids.
How do the death benefits from full and final settlement, PF, Gratuity, EDLI, Super Annuation, Pension get split between wife and kids and dependent parents?

From India, New Delhi
Hello Abdchhh,
With my limited knowledge, I think after marriage that employee's immediate family is his wife and children. There could be some provision where employee has not amended his nominees but it can be shown now by producing required proofs.
Look forward to comments from experts who can throw more light on this.
With regards,
Vaishalee Parkhi

From India, Pune
Dear Abdchhh,

Ref to my part / limited knowledge I am taking a opportunity to be of some Help to you in this noteable regards.

Once an working employee gets married, his wife & childrens (up to the age of 25 years) become employee's IMMEDIATE FAMILY in terms of Labour laws and dependants parents comes under secondary part / option. Hence, the first right of claim settlement goes to immediate family members only that is wife and kids.

Though the employee who was working has failed to submit a nomination to the employer still as advised to you by vaishali parikh - The marraige certificates, ration card (if ration card contains spouse & childrens names on it), evidence proofs, aadhar cards, PAN cards (with change of name after marraige of wife) could be produced and the family could seek a help from the employer and the concerened Labour Laws enquiry Dept & settle down all the claims respectively.

For statutory benefits withdrawals - below are the references of some respective Form nos.

Form No. 19 & 10 C - for withdrawal of Provident Fund & Pension by the employee

Form No 10 D - For Pension settlement by a nominee or legal heir

Form No. 20 - Incase of Death, EDLI benefits can claim by the nominee or legal heir

Form No. 5 IF - For claiming assurance benefits

The wife is entitled to receive a life time pension and the childrens are entitiled to get it up to the age of 25 years.

Kindly fill up Affidavit on Rs. 100/- Stamp Paper and submit the same to Labour office keeping a Photocopies of the same.

For getting the Pension, submit along with the Affidavit - Xerox of Savings bank account

statement, Date of Birth proofs of all (wife and childrens) and group Photo of the Family and individual photos as well).

The Gratuity , EDLI, Prov Fund & Pension could be received by this way of sources

Kindly seek the required help from the Company where the person was working. They must be having contact details of the Consultant who can advise and guide you free of Cost in this matter .

If you require more help kindly wirte back and I shall see what further help I can provide to you.

Thanks & Regards

Swapna Samant

From India, Mumbai
This is an area of dispute and a minefield. It's best you don't try to take any decision on you own on this.
Ask the wife to take a NOC from parents. Or let them jointly give you a letter of how they would like to split the amount. (PF and ESIC a authorities will make their own decisions).
If this can't be done, then approach the labour commissioner under gratuity act and ask him to review and decide on the matter. Either give the money to him to distribute or distribute it in line with his written order

From India, Mumbai
Dear Team,
the moment employee get married his next of kin will automatically become his wife. However it is the duty of HR to do the necessary amendment accordingly.
Thanks and warm regards
Pranab chakraborty

From India, Mumbai
Dear Abcdefghhh,
Please note that whenever any query is put up, there is no need to hide one's name.
In my view, the wife can claim posthumus death benefits as legal heir on submission of required documents to PF, ESI (if he was covered through his subscriptions paid on time to the authorities) and Gratuity for 10 yrs. service as well.
To claim these benefits, you will have to personally meet the respective departments of the PF, ESI and insist that the employer releases the Gratuity amount of the deceased within 30 days of his demise.
All the best. Pl take care of your senior citizens accordingly.
Good Luck.

From India, Mumbai

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