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gauragul
Hi,
I am working in a private organisation (company X) since the past 9 months. A couple of months back, I had submitted EPF transfer claim on the epfindia portal. The claim got rejected by the field office with the reason: "EPS CONTRIBUTION NOT DEPOSITED WHREAS MEMBER IS ELIGIBLE". I re-submitted the claim, which got rejected again due to the same reason: "PENSION CONTRIBUTION NOT DEDUCTED FROM ER SHARE. EMPLOYEE IS ELIGIBLE".
I got in touch with the finance department of my previous organisation (company Y) and got to know that I had an active EPS, but did not declare the same at the time of joining the company (Y). They say that this is the reason why my EPF transfer claims are getting rejected.

I still don't have any solution for the above issue. I will be grateful if someone can guide me on further steps to get my EPF transferred successfully.
Also, please let me know if I will face the same problem again if I move to a new organisation in future, and raise the EPF transfer claim again.


Thanks,
Gaurav

From India, New Delhi
Madhu.T.K
4193

The issue seems to be like this.
You worked with company Y and that was your first company with EPF. When you joined that company your salary was more than Rs 15000 and therefore, the employer contributed the entire contribution payable by him to your EPF only without bifurcating it as 8.33% to EPS and the remaining, ie, 3.67% to EPF.

When you try to transfer the PF, the system finds that the EPF contributions are blank and hence rejected.

This can only be solved by means of physical intervention and for that you have to write to the RPFO concerned or go to the EPFO Office and submit such declaration.

Suppose, if that company Y is not your first company but you had a PF account with your earlier company, then company Y had committed a mistake. They had erroneously remitted their contribution solely to EPF. They have to take a call and you can write to the EPFO with copy marked to the company Y for necessary action.

In such cases, the members are innocent and they cannot do anything. therefore, EPFO is expected to respond to such grievances of the members.

Caution:
In the backdrop of COVID19 many offices of EPFO are still working with 'limited resources' and they still continue the same protocol that no outsider (even a member of EPF for whose benefits the entire system of EPFO is built is an outsider) is permitted to enter the office and if you have any query to be clarified, you have to wait holding a token outside and when your turn comes you can go to the counter where you will be assisted by an employee of the EPFO in the class IV level who seldom knows how to speak to a customer but behaves like a superpower of the EPFO. Therefore, you cannot get a positive reply to any of your query. The only answer that this class Iv employee who acts as if he is the PRO of the EPFO is that "now everything is online and you do it online....". Then you can ask him, " then why are you sitting here? What are you paid for...?"

From India, Kannur
vk_hr
I am also facing same problem, last organization did not remit EPS even when I was EPS member and now the claim is being rejected.

@Madhu: Thanks for your guidance here, could you share any form which the last employer can fill and submit to EPF in order to resolve this?

From India, Hyderabad
Sripadns
Hello @Gaurav, I am going through same challenge as of now.

The solution is to reach out to your previous employer where in your passbook all the funds are directed to EPF instead of EPS (a few portion)

Your employer has to submit

1) Clarification letter to EPFO commissioner (Provided by HR or Employer)
2) Revised form 3 A (Which shows revised EPF and EPS contribution just as it appears in EPFO Passbook) (Provided by HR too)
3) Form 11 composite declation form (Filled by you and Employer)

After all this you need to get a physical acknowledgement and this document has to go through your HR channel (Recommended)

Once its done still there are high chances your claim gets rejected by this idiots Social security assistants employed by EPFO

I have made all necessary corrections and these duffers are still rejecting my claims.

You can raise Grievance within EPFO portal attaching all these documents and you can also raise complaints in CPGRAMS under Labour ministry category wherein you will get an answer by RPFC - 1 or RPFC - 2 Officers.

Rest relies on luck. God save our money from these EPFO bakwaas duffers

Thanks and Regards
NS Sripad

From India, Bengaluru
rajesh-joel
hi sir,
I Have received a show cause notice from PF Commissioner ,on the issue of EPS remittance after 58 years completion of an employee, saying that false return filling, under section 14
(2) of EPF & MP acts, 1952. Pls could some one help writing retruns reply to the pf commissiner on this.

From India, Bengaluru
Madhu.T.K
4193

The EPF Organisation is finding fault with the employers for each and everything now a days. earlier also we had remitted employer's contribution to EPS after the employee reaches 58 years. What the EPFO used to do was just to transfer the same to EPF. Now they have started issuing show cause notice!!!! Great! This is a clear evidence of EPFO has become hostile to towards the members and the employers.

Section 14 of the EPF & MP Act provides for penalties. But the penalties are imposed for for non compliance and that should be with a view to avoiding any payment to be made by the employer under this Act. It shall also be for making any false statement or false representation knowingly. What is important is, "KNOWINGLY making false statement". Here the employer had paid the contribution due by him unknowingly to Pension Fund also without paying it exclusively to EPF alone. Then how can there should be a charge sheet???

You can reply with the reason that "since the employee was continuing in service even after 58 years of age, we really missed to stop his contribution to EPS. On account of this the amount went to EPS also. The amount paid to EPS shall be transferred to his EPF account at your end and in future we will ensure that the EPS is not credited with any payment in respect of persons aged above 58 years of age."

Please note that when the EPFO was in need of money they had even issued a circular that if the employee wishes to postpone receipt of pension at the age of 58, he can do so till he attains 60 years of age. In such circumstance the employee would get an additional 4% for each year so postponed. This could be made either with contribution to EPS or without contribution to EPS. If paying to EPS is a crime to issue a show cause notice, the EPFO should answer to the above move made by the EPFO in April 2016. The same is attached for a reference.

From India, Kannur
Attached Files (Download Requires Membership)
File Type: pdf PF Pension fund contribution beyond 58 years of age.pdf (105.9 KB, 0 views)

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