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shampa-ray
An employee was a member of EPS 1995 before 1.9.2014 and retired from service in 2022. He never contributed to the provident fund on actual salary i.e., over and above the statutory limit of salary under the EPF. Now, can he apply to PF to deduct contribution on actual salary for the previous service period to receive higher pension as per Section 11(4) of Employees pension Scheme 1995 on which judgment was given by Hon’ble Supreme Court on 4.11.2022 ?

Secondly, an employee was a member of EPS 1995 before 1.9.2014 and still in service & never contributed to the provident fund on actual salary i.e., over and above the statutory limit of salary under the EPF. Is he eligible to apply for higher pension as per Section 11(4) of Employees pension Scheme 1995 on which judgment was given by Hon’ble Supreme Court on 4.11.2022 ?

Please clarify.

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional

Madhu.T.K
4193

You cannot contribute on actual salary retrospectively. When the EPF Organisation is doing a lot of research on avoiding payment of higher pension by passing the Supreme Court verdict, they will not permit you to contribute on back date. Moreover, the basic eligibility for higher pension is contribution on salary higher than Rs 15000 as on 1st Sept 2014. Since you have not contributed on your actual salary on that date, you do not fall under the qualifying person to receive higher pension.
From India, Kannur
Anonymous
11

You are not eligible to pay the higher PF contribution retrospectively. One of the condition to claim higher pension is only for those employees who had been contributing on their full salary and not as per the statutory limit ( The statutory limit was Rs. 5,000/- upto 2006, Rs. 6,500/- upto 01.09.2014 and Rs. 15,000/- after 01.09.2014 till date)
From India, Mumbai
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