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Chandra6654
I have worked in a Multi National Company from 4th March 1988 to 30th October 1998 and again in a related company from 4th March 1999 to 24th December 2002.
In the first company, I came under superannuation scheme from 1st May 1991. In the 2nd company from the date of joining.
I am requesting the 1st and 2nd company to arrange for the release of my superannuation benefit as I have attained my superannuation age. Both companies are informing me that I am not eligible for the benefit due to not meeting one of the following criteria:
1. I have not retired from that company or worked for 15 years in the same company.
2. I have not attained 45 years of age at the time of changing job from 1st company to 2nd company.
Request the views of the experts in this area, whether I can go legally to challenge the refusal.

From India, Bengaluru
Srinath Sai Ram
609

Dear Mr Chandra, Please mail Terms & conditions of Super Annuation Scheme of which you were a Member.Have you worked in 2 Companies of a Group or 2 different entities? Super Annuation Fund is maintained by the Company?Trust? what was the contribution made to Super Annaution Fund?
You have stated that you have quit your job in December,2002.What is the action you have initiated from 2003 to till date?
Please verify your records once again/Check with your ex Colleagues & revert

From India, New Delhi
Chandra6654
Dear Mr. Srinath Sai Ram,
I have worked in two different entities of the same group. They are separately registered in two different name as they manufacture different products.
Super Annuation Fund was maintained by Company Trust in both the cases.
Cntribution was 15% of the basic salary in the 1st company and 13% of the 2nd Company.
From 2003 /04 onwards two companies merged and formed one entity with HO at Gurgaon.
I have sent letters to them to transfer the benefit to the new employee in 2004 -05.
I have folowed up with them thru mail from 2008 and the response received is I am not eligible due to not meeting the various criteria set by the Trust. I have not been shown the rules or conveyed about the rules at any point of time during my tenure.
Since this is a part of my appointment letter/ revision of benefit letter, I have considered this as a part of my CTC.
Recently once again I have once again sent a mail on the subject to the company.
Kindly inform me in case further information is required.
Thanks & Regards
S Chandrasekaran

From India, Bengaluru
Srinath Sai Ram
609

Dear Mr Chandrasekaran, you have stated that Super Annuation Fund is maintained by Trust for both the Companies in which you were Employed.
In your First Employment Contribution was @ 15% of Basic Salary
In your Second Employment Contribution was @ 13% of Basic Salary
You have also stated that you have already received the response stating that you are not eligible due to not meeting the various criteria set by the Trust. What are these criteria?
Do you have any documents to show that you are eligible for Super Annuation Fund? Appointment letter/ Revision of benefit letter,
Further, you should Correspond in writing with the Trustees not through mail
Please do due diligence & find out whether you are eligible for Super Annuation Fund? if so take up the matter with the Trustees
I presume that since you have already received a reply stating that you are not eligible, it will be a futile exercise.Nevertheles, Please pursue the matter.Did you check with your Ex Colleagues regarding eligibility for SAF?

From India, New Delhi
Chandra6654
Dear Srinath Sai Ram,
I have appointment letter and change of terms letter confirming that I am entitled for the Super Annuation Benefit as per Trust Rules. ( Trust Rules never shared with me or any of my colleages).
Some of me colleagues who has retired from the organization has received their benefit.
Reasons given to me for rejection are as follows:
1. Minimum of 15 years of service or retired from there.
2. Transfer of fund to the new company Super Annuation Fund is allowed only on the fulfillmnt of following:
a. Minimum service of 5 years.
b. Mimimum age of 45 at the time of resigning from the company.
c. New company where I have joined must have the CIT recognized Super Annuation Trust Fund.
Reason for rejection given to me are as follows:
I have met the 1st point.
On the 2nd point I have met only one criteria i.e. I was a member of the Trust for 7 years.
My query is as follows:
1. How can the company reject my right when they have given me as a part of my appointment letter / change of terms letter i.e. part of CTC.
2. Company has enjoyed the Tax Benefit available for this Fund and rejecting it.
Can I take this up legally.
Thanks & Regards
S Chandrasekaran

From India, Bengaluru
Srinath Sai Ram
609

Dear Mr Chandrasekaran, the vital Document for assessing your claim is "Super Annuation Fund Rules" which you may obtain from the Trustees.
appointment letter-What is there in the appointment letter?
change of terms letter confirming that I am entitled for the Super Annuation Benefit as per Trust Rules -Obtain Rules & find out your eligibility
From the information furnished by you, i am not able to decide about your eligibility.Please note your Company has nothing to do with Super Annuation Fund.The Trust must have rejected your claim for bonafide reasons.You can take up this legally, but with complete information/Relevant documentary evidence.How come after a lapse of 10 Years you are thinking of Legal action.Please go ahead after due diligence

From India, New Delhi
parag.pardeshi@merckgroup.com
Dear Mr. Chandra,
From your post need to know following:
1. Your Job status between period 31st October 1998 to 3rd March 1999.
2. Whether you have written to the trust requesting for the terms and conditions of superannuation scheme.
3. Whether you tried to confirm from your colleagues who have received benefits about the insurance agency assigned for superannuation, the policy name and then approach the insurer directly.

From India, Mumbai
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