Dear All
My question to our HR fraternity is whether after a person retired at the age of 58 years and if he is continue to be employee whether the employer is statutorily bound to pay contributions or not, legal point of view I am asking.

From India, New Delhi
We have given answers to the same query only from legal point of view and not from our own perspective. Please read the comments once again. Madhu.T.K
From India, Kannur
Dear sir,
Your question is to whether after a person retired at the age of 58 years and if he is continue to be employee whether the employer is statutorily bound to pay contributions or not.
In sum up, please note your query can be replied either way in yes and no depending upon circumstances:-
1. If a person attain retirement age and withdraw his EPF accumulations and rejoin (with a break which is required to withdrawal) whether in the same establishment or any other - he will be treated as excluded employee.
2. If a person attain retirement age and continue in employment without withdrawing his EPF accumulations, he will remain member to the EPF till his discontinuation of employment but his contribution to EPS will stop and simultaneously, he is eligible for pension.

From India, Delhi
In the second case it is not mandatory that he should be given coverage because on attaining the age of superannuation he should have started getting PF pension and as such he will come under the definition of excluded employee and due to this reason you can exclude him from PF even if there is no break in service or is continuing the service.
Now the Provident Fund Organisation permits contribution to Pension Fund upto the age of sixty years. It is not mandatory but those who are willing to contribute can opt for contribution till 60 years.
Madhu.T.K

From India, Kannur

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