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Dear JMJSPL,

Was the deceased member of a EPF a/c and paid contributions towards his PF & DLI a/c. I am not sure, prima facie it appears that he is not eligible for pension facility as his qualifying service is only < one month. And in all probability the employer would have not opened his EPF/EPS a/c and remitted the contributions.

For pensionary benefits a member should have contributed atleast for one month. And it's the responsibility of the employer to ensure the compliance. This case has to be examined further with facts and settled case laws and there could be some way out to help the dependents of the deceased.

Here is the Extract from the EPScheme rules to know about the membership/eligibility as per rule:

/xxxx

.["6 A Retention of membership

A member of the Employees' Pension Fund shall continue to be

such member till he attains the ag

e of 58 years or he avails the

withdrawal benefit to which he

is entitled under para 14 of the

Scheme, or dies, or the pension is vested in him in terms of para

12 of the Scheme, whichever is earlier." ]

14. Inserted by G.S.R. dated 22nd

February 1999 (w.e.f. 6.3.99)

15

[

7. Option for joining the Scheme

--

(1) Members referred to under sub-

para (c

xxxxxx

20

[Provided that if at the option of the employer and employee,

contribution paid on salary exceeding

21

[Rupees six thousand

and five hundred /Rs.6500/-] per month from the date of

commencement of this Scheme or

from the date salary exceeds

22

[Rupees six thousand and five hundred /Rs.6500/-] whichever

is later, and 8.33 per cent share of the employers thereof is

remitted into the Pension Fund,

pensionable salary shall be

based on such higher salary.]

20. Inserted ibid w.e.f 16.3.96. 19 & 21 & 22 . Subs. By

GSR 774 (E) dated the 8.10.2001 (w.e.f. 1.6.2001)

23

[12.

Monthly Member’s Pension.

(1) A member shall be entitled to: -

(a)

superannuation

pension if he has rendered eligible

service of 10 years or more

and retires on attaining the age

of 58 years;

(b)

early

pension, if he has rendered eligible service of 10

years or more and retires or otherwise ceases to be in the

employment before attaining the age of 58 years;

xxxxxxxxxxxxx

16. Benefits to the family on the death of a member

(1)

28

[Pension to the family] shall be admissible from the date

following the date of death of the member if the member dies ..

(a) while in service, provi

ded that at least one month's

contribution has been paid into th

e Employees' Pension Fund, or

(b) after the date of exit but before attaining the age of 58, from

the employment having rendered

service entitling him/her to

monthly member's pension but

1[before the commencement of

pension payment or]

(c) after commencement of paym

ent of the monthly member's

pension

Note:- The cases where a member has rendered less than 10

years eligible service on the dat

e of exit but has retained the

membership of the Pension Fund, and dies before attaining the

ge of 58 years, shall be regulated under sub-paragraph (8) of

paragraph 12.

28. Subs. by G.S.R. 134 dated the

28th February, 1996 (w.e.f. 16th March

1996).

(2) (a) The

monthly widow pension

shall be :--

(i) in the cases covered by clause (a) of sub-paragraph (1),

equal to the monthly members

pension which would have been

admissible as if the member ha

d retired on the date of death or

Rs 450/- or the amount indicated in Table 'C' whichever is more.

(ii) in the cases covered by clause (b) of sub-paragraph (1),

equal to the monthly members

pension which would have been

admissible as if the member had retired on the date of exit or

29

[Rs. 450/- per month] or the amount indicated in Table 'C'

whichever is more.

(iii) in the cases covered by clause (c ) of sub-paragraph (1),

equal to 50 per cent of the mont

hly members pension payable to

the member on the date of his death subject to a minimum of

29

[Rs. 450/- per month.]

29. Subs. by G.S.R. dated 12th January, 2000

30

[(iv) in all the cases, where the amount of family pension

sanctioned under the Ceased Fa

mily Pension Scheme, 1971

and is paid/payable under this

scheme is less than Rs. 450/- per

month, the amount of family pension in such cases shall be

enhanced to Rs. 450/- per month.]

30. Ins. Ibid. (w.e.f. 29.1.2000)

(b) the monthly widow pension sha

ll be payable upto the date of

death of the widow or remarri

age whichever is earlier.

Note:- In cases where there are 2 or more widows, family

pension shall be payable to the el

dest surviving widow. On her

death it shall be payable to the next

surviving widow, if any. The

term "eldest" would mean seniorit

y with reference to the date of

marriage.

(3)

Monthly children pension

: - -

(a) If there are any surviving children of the deceased member,

falling within a definition of fam

ily, they shall be entitled to a

monthly children pension in

addition to the monthly

widow/widower pension.

(b) Monthly children pension for

each child shall be equal to 25

per cent of the amount admissibl

e to the widow/widower of the

deceased member as monthly wi

dow pension payable under

sub-paragraph (2) (a) (i) provided that minimum monthly children

pension for each child of the decea

sed member shall not be less

than

31

[Rs. 150/- per month.]

31. Subs. by G.S.R dated 12th January 2000

32

[(c ) Monthly children pension shall be payable until the child

attains the age of 25 years.]

32. Subs. by G.S.R. 134,

dated the 28th February, 1996

(w.e.f. 16th March, 1996).

(d ) 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.

33

[ "(e) If a member dies leav

ing behind a family having son or

daughter who is permanently and

totally disabled such son or

daughter shall be entitled to

payment of monthly children

pension or orphan pension, as the case may be, irrespective of

age and number of children in the family in addition to the

pension provided under clause (d)".]

33. Inserted by G.S.R. 66 dated 22nd

February, 1999 (w.e.f. 6.3.99)

(4) (a) If the deceased member is not survived by any widow but

is survived by children falling within

the definition of family or if

the widow pension is not payable,

the children shall be entitled

to a

monthly orphan pension

equal to 75 per cent of the

amount of the monthly widow

pension as payable under sub-

paragraph (2) (a) (i) provided

that minimum monthly orphan

pension for each orphan shall not be less than

34

[Rs. 250/- per

month.]

34. Subs. by G.S.R 41 dated

12th January 2000

(w.e.f.29.1.2000)

(b) In the event of death or

remarriage of the widow/widower

after sanctioning of widow/widower pension the children shall be

entitled in lieu of the monthly children pension, to a monthly

orphan pension from the date

following the date of

death/remarriage of the widow/widower.

35

](c ) The monthly orphan pens

ion shall be admissible to a

maximum of 2 orphans at a time and shall run in order from the

oldest to the youngest orphan.]

35. Ins. by G.S.R. 134, dated the 28th February,

1996 (w.e.f 16th March 1996).

(5) (a) A member who is not married or who does not have any

living spouse and/or an eligible

child may nominate a person to

receive benefits as laid down her

einafter provided that in the

event of his/her acquiring a fa

mily subsequently, the nomination

so made shall become void. In the event of death of the member

such a nominee shall be entitled to receive a monthly pension

equal to the monthly widow pension, as admissible under sub-

clauses (I) and (ii) of clause (a) of sub-paragraph (2).

36

[ (aa) If a member dies leaving behind no spouse and/or an

eligible child falling within the definition of family and no

nomination by such deceased member exists, the widow

pension shall be paid under

sub-clauses (I) and (ii) of clause (a)

of sub-paragraph 2 either to

dependent father or dependent

mother as the case may be. On

grant of Pension to such

dependant father and in the event

of death of the father

pensioner, the admissible pension shall be extended to the

surviving mother life long]

36. Inserted by G.S.R.66 dat

ed 22nd February, 1999. (w.e.f

6.3.99)

(b) If the deceased member

had not rendered pensionable

service on the date of exit fr

om the employment which would

have made him entitled to a

monthly members pension under

paragraph 12, but had opted to retain the membership of this

Scheme under sub-paragraph (8) of paragraph 12, the

37

[nominee or the dependant father

or the dependant mother as

the case may be ] shall be entit

led to return of capital as

provided in sub-paragr

aph (1) of paragraph 13.

37. Sub. by G.S.R dated

22nd February, 1999 (w.e.f 6.3.99)

38

[

16A. Guarantee of pensionary benefits

None of the pensionary benefit

s under the Scheme shall be

denied to any member or beneficiary for want of compliance of

the requirement by the employ

er under sub-paragraph (1) of

paragraph 3 provided, however, that the employer shall not be

absolved of his liabilities under the Scheme.]

38. Inserted by G.S.R. 134

dated the 28th February 96 (w.e.f. 16th March 1996)

39

[

17. Payments on exercise of option

(1) Beneficiaries of the deceased members of Employees'

Family Pension Scheme, referred

to in sub-para (1) of paragrap xxxxxxxxxxxxx

-----------------

(Pardon me for not aligning paras properly, due to lack of time.)

Pl.verify with the employer about his EPF/EPS status and continue this post so that further guidance could come from learned members.

From India, Bangalore
Dear Member,
EPF Covered Employee is eligible for benefits provided under EPS, Please ask specific question by giving all relevant details.If Employee is covered under ESI, his family is eligible to Claim Funeral expense of rs10,000/- please do not make fun of Death of an Employee.Please read your question once again?

From India, New Delhi
Employee is eligible for EPS provided he is covered under EPF Act.If covered under ESI, eligible for Funeral expense of rs10,000/- please ask specific question giving all details.Please do not ask casual hypothetical questions in this forum
From India, New Delhi
Definitely, Dependent of deceased will get pension if contribution is deposited in epfo even for a month.
From India, Chandigarh
An employee,working as security guard at night died due to cardiac arrest.
He was married,survived by two children and parents too.Pls help.how can his dependents will be able to avail death benefits from esic and epf.Is family pension applicable from esic,since the employee expired on duty.what forms and documents be required to be submitted by dependents.what is immediate action to be taken by employer on behalf dependents to expedite the claim process.The employee had served for more than three years on contract at client premises.
Client and contrator both want to help dependents and provide max possible relief.
Request members to guide.Thanks.

From India, Vadodara

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