One resigned employee applied for PF Transfer through online to his next employer. But his claim got rejected. While raising grievance, the final decision has been given as per below:
With reference to your grievance, it is informed that no EPS contribution has been deposited by your employer against member id MRNOIxxxxxxxxxxxxxxxx. The date of joining and leaving of EPS marked by your employer. Therefore, kindly submit a clarification through your employer in this regard.
While we check the Form-11 submitted by the employee, he has opted EPS as "No". Hence, the employer deposited full contribution in Employer PF. Also, before joining this establishment, he was the EPS contributor with his previous employer.
As an employer, you can clarify that based on Form-11 submitted by the employee, the entire contribution is deposited into EPF. However, as per PF rule, as an employer, rectification needs to be done. Can someone guide for the process and share any circular/notification available from EPFO website?
From India, Delhi
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With reference to your grievance, it is informed that no EPS contribution has been deposited by your employer against member id MRNOIxxxxxxxxxxxxxxxx. The date of joining and leaving of EPS marked by your employer. Therefore, kindly submit a clarification through your employer in this regard.
While we check the Form-11 submitted by the employee, he has opted EPS as "No". Hence, the employer deposited full contribution in Employer PF. Also, before joining this establishment, he was the EPS contributor with his previous employer.
As an employer, you can clarify that based on Form-11 submitted by the employee, the entire contribution is deposited into EPF. However, as per PF rule, as an employer, rectification needs to be done. Can someone guide for the process and share any circular/notification available from EPFO website?
From India, Delhi
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These are the various possibilities.
1. The employee, while joining his first employment, had a salary of more than Rs 15,000 and thus qualified only for PF and not the Pension Fund. His employer then deposited the entire contribution payable by him (employer) to his PF only without bifurcating it as 8.33% to the Pension Fund and 3.67% to the Provident Fund. When he joined the new company, he declared in Form 11 that he was 'not' a member of EPS but a member of EPF.
2. When he did not join the Pension fund, the dates of joining and exiting from the EPS are irrelevant.
3. You have to make sure that the employee's salary at the time of joining the first company was more than Rs 15,000 but he was not declared as an excluded employee but was allowed to be a PF member without Pension. Then you have to write to the Regional PF Commissioner of the facts.
4. It may be a system error, and the EPFO has to take a call so that the transfer of PF without the date of joining and exit from the Pension Fund is made possible.
From India, Kannur
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44831. The employee, while joining his first employment, had a salary of more than Rs 15,000 and thus qualified only for PF and not the Pension Fund. His employer then deposited the entire contribution payable by him (employer) to his PF only without bifurcating it as 8.33% to the Pension Fund and 3.67% to the Provident Fund. When he joined the new company, he declared in Form 11 that he was 'not' a member of EPS but a member of EPF.
2. When he did not join the Pension fund, the dates of joining and exiting from the EPS are irrelevant.
3. You have to make sure that the employee's salary at the time of joining the first company was more than Rs 15,000 but he was not declared as an excluded employee but was allowed to be a PF member without Pension. Then you have to write to the Regional PF Commissioner of the facts.
4. It may be a system error, and the EPFO has to take a call so that the transfer of PF without the date of joining and exit from the Pension Fund is made possible.
From India, Kannur
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EPS - Form No. 10-D Pension Claim Form Aadhaar.pdf
EPF Pension.xls
CiteHR.AI
(Fact Checked)-The user's reply contains accurate information regarding the employee's situation and the process to rectify the PF contribution issue. No amendments are needed. (1 Acknowledge point)