Sir, I retired last November and only maximum of Rs.541 and Rs.1250/- was remitted to Pension Fund and balance was remitted to Provident Fund. I was employed in co-op. bank and have withdrawn PF on superannuation age of 58. I draw pension of Rs.2963/ per month. Can I take the benefit of the Supreme Court judgement by paying difference amount back to the EPFO?
Naresh
Increment in EPS Pension? – Impact of Supreme Court Judgement for EPS Pensioners
Pensioners of Employees’ Pension Scheme are jubilant about the recent Supreme Court Judgement in the case of R C Gupta and others Vs EPFO. A lot is being talked and written about the impact of this judgement on the Pension of existing members as well as Pensioners.
Lets see what impact does this judgement bring. Also let us visit the process by which the pensioners and members can claim benefit of increased pension. But before that let us look at the statutory wage limits around which the judgement revolves.
Sl No Period Wage Limit Per Month
1 01.11.1952 to 31.05.1957 Rs 300
2 01.06.1957 to 30.12.1962 Rs 500
3 31.12.1962 to 10.12.1976 Rs 1000
4 11.12.1976 to 31.08.1985 Rs 1600
5 01.09.1985 to 31.10.1990 Rs 2500
6 01.11.1990 to 30.09.1994 Rs 3500
7 01.10.1994 to 31.05.2001 Rs 5000
8 01.06.2001 to 31.08.2014 Rs 6500
9 01.09.2014 onwards Rs 15000
Issue involved in this judgement ?
Pensionable wages ceiling is Rs 5000 w.e.f 01.10.1994 and Rs 6500 w.e.f 01.06.2001 on which PF and Pension contribution is mandatory.
Members and employers, in this case, contributed on wages more than statutory ceiling limit as required under Para 11(3) of Employees’ Pension Scheme 1995 read with Para 26(6) of Employees’ Provident Fund Scheme 1952.
The contribution was made without the approval of the joint option of the employer-employee to contribute on wages higher than statutory ceiling limit.
Supreme Court Judgement
A beneficial Scheme should not lapse for the reason that an option was not exercised before due date but remittance was made on wages above statutory limit.
Excess payment made in PF amount may be taken back with interest.
Benefit of Pension on increased contribution may be given by necessary book adjustments.
Process Involved – Understanding through an Illustration
Hiralal, Bansilal and Sonelal were employed in Parishram Enterprises at wages of Rs 9000 each from 1998 to 2013, when both of them superannuated.
For Hiralal PF contributions were made at Rs 6500, while for Bansilal and Sonelal contributions were made on full wages.
The situation arising can be tabulated as below :
Members Hiralal Bansilal Sonelal
Total Wages(A) Rs 9000 Rs 9000 Rs 9000
PF Wages(A1) Rs 6500 Rs 9000 Rs 9000
Pension Wages(A2) Rs 6500 Rs 6500 Rs 9000
Contribution towards PF(B) 12% of 6500 (Ee Share) + 3.67% of 6500 (Er share) 12% of 9000 (Ee Share)+
3.67% of 9000 (Er share)+
8.33% of (9000-6500)
12% of 9000 (Ee Share)+
3.67% of 9000 (Er share)
Contribution towards Pension(C) 8.33% of 6500 (Er share) + 1.16% of 6500 (Govt) 8.33% of 6500 (Er share)+
1.16% of 6500 (Govt)
8.33% of 9000 (Er share)+
1.16% of 9000 (To be paid by member)
Whether PF account settled(D) YES YES YES
Indicative PF and Pension Benefits(E) 1. Principal plus interest on all contributions in PF account
2. Pension calculated on wage ceiling of Rs 6500.
1. Principal plus interest on all contributions in PF account.
2. Pension calculated on wage ceiling of Rs 6500.
1. Principal plus interest on all contributions in PF account.
2. Pension calculated on wage ceiling of Rs 6500. Balance in Pension account moved to PF account and settled with interest.
Any effect of SC judgement on Pension No No Yes
Process to claim benefits NA NA 1. Submit a request to concerned PF office undertaking to refund excess PF claimed with interest.
2. Pension will be recalculated taking Pension Wages as Rs 9000.
Does it make sense to claim Pension increase on higher wages?
The perception around this judgement is “Supreme Court has directed EPFO to increase Pension for all members”.
However, in reality, the judgement simply permits members/pensioners to claim Pension on higher wages if contribution was paid on higher wages. However, members/pensioners will have to return the excess PF claimed with interest.
Most of the Pensioners will not be in a position to return excess PF of several thousand rupees in order to get their Pension increased by few hundreds.
One vital thing to be kept in mind – Suppose a Member’s Pension as per calculations comes to Rs 600 per month. However due to Govt of India amendment of Pension Scheme they are currently paid a Pension of Rs 1000 per month.
A hypothetical situation : If a Pensioner deposits his excess PF claimed of Rs 12,000 and in turn gets his pension increased by 150 rupees per month. In the above case his Pension will become Rs 750 as per calculation, however he will still get Rs 1000 pension. Foregoing PF benefits will have no benefit in such cases.
So Members/Pensioners, make an informed choice!!!
Add on above mail:
Regional P.F. Commissioner , Mr Sanjay Kesari , earlier he was chairperson for creating EPFO site, confirmed that department now going to accept application for higher pension on following ground beside all other explanation mentioned in trailing mail:
1. Who deposited higher wages from1995 to .01.09.2014(continuously)
2. 3A from employer for said period
3. Difference of principle plus interest amount to be deposited for getting higher pension.
4. After 01.09.2014 contributing member not eligible.
5. Eligible Member should alive.
6. Nominee, Divorcee and children are not eligible.
Dear Sir
Employee can contribute higher amount above the wage ceiling limit of Rs 15000 from 1/9/2014 as already member under EPS 1995 .
DOJ- 1991 - till 1993 A Comp
and 1995 till 2005 -B comp.
2006 to 2009 -C comp and 2009 to 11 Comp D and 2012 till 2016 -E comp and 2017 till date F comp. All the pensionable services clubbed with Unexmpeted Trust Epfo.
Please clarify . Or from present date we can contribute EPS above wage ceiling limit.
Thanks
Raman
Bangalore
Dear Mr.R.K.Singh Sir,
Thanks for enriching us. I am facing a peculiar situation and need your help.
I superanutated in De.2013 and applied for enhanced pension as per SC order. EPFO Bandra asks for Form 3A & 6A from my 3 Ex.employers. Two employers furnished the records but third one says that they do not have old records more than 15 years and suggested to obtain the same from EPFO Delhi office. I contacted EPFO Delhi office and requested the concerned officials for Form 3A and 6A from year 2003 to 2005.They also informed that they do maintain records upto 3 years only and destroy old records.
EPFO Bandra says that thay can not process my application of inhanced pension unless they receive the required records as per circular.
Now please suggest me the ways and contacts to whom I would get help in this matter.Can EPFO Bandra right in demanding these forms for calculation of enhanced pension?
If EPFO office destroy thier records after 3 years as per thier system,how can employee furnish these records?
Awaiting your guidence.
Best Regards,
Rajesh Chandra Lal
9891391001
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