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brinith VijaB
I joined Company A as my first employer, where I worked for three months. During my tenure with Company A, contributions were made towards both my PF and EPS accounts. But I'm only aware of PF not EPS.

Subsequently, I joined Company B, where I indicated "No" for EPS membership during the onboarding process as I'm not aware of EPS, under the impression that only PF contributions were applicable.

Now, I have joined a new Company C, I have correctly indicated "Yes" for EPS membership. However, upon attempting to transfer my PF from Company B to my current company C, the transfer was rejected citing the reason that EPS contributions were not remitted by Company B.

I visited the EPFO office, and there they told me that after Company B contributed the EPS, only they would transfer the PF amount to the current company C, and the EPF grievance officer also informed me to check with Company B for the solution.

I have checked with Company B they saying "since you have mentioned 'NO' in the form-11 - so we have treated you as non-EPS member"

What can I do now? Please help me on this.

From India, Bengaluru

As far as Company B is concerned, they are right. You only declared that you were not a member of Pension Fund. Had you given Yes they would have contributed to Pension Fund also. Now it is to be reconciled by Company B. They need not contribute anything extra, but just have to bifurcate their contribution, like 8.33% to Pension Fund and 3.67% to PF. OR you have to ask the PF authorities to do it. They can do it very easily because this is only a technical error. But they will not do it because they are not employee friendly now a days. You can try to get it done by sending a letter explaining everything marking copy to Company B. If you had joined later than Sept 2014, and if your PF qualifying/ contributing salary (not the Gross salary but the salary on which PF was deducted) was not more than Rs 15000, then Company A should also be asked to give explanation, and hence it should be marked to them also. If the EPFO does not do it, you should approach the Court, and plead to give a direction to EPFO to get it corrected.
From India, Kannur
Hi Brinith,

Madhu Sir is right. You will have to contact your B company to divert the PF shared which was erroneously deposited in the PF PF account instead of Pension Account based on your Form 11 declaration. Employer B has to submit old form 3A, joint declaration, establishment covering letter, establishment regarding responsibility of overpayment if any & form 11.

Once the rectification is done by the PF office associate with your B company, you can submit Form 13.

From India, Mumbai
brinith VijaB
Hi Madhu,

Thank you for your valuable suggestions.

I have visited the EPFO office and checked with the concern person he said there is 2 options,

1. I have requested to Current Employer C to remove the EPS contributions and add them to the PF only, and he said I don't have to use EPS anymore in the future. Then he will accept my transfer request.

2. He suggested checking with Company B for the EPS contribution, and I have chosen 'NO' for the EPS member, so if they accept, you can provide the concern along with a penalty for the EPS contribution.

Then, I checked with Current Employee C. He said they can't merge the EPS into the PF, and he told me you can check with Company B. As you mentioned, 'NO' for the EPS member, but Company B should have to cross-verify the details. so you can ask them for the solution.

From India, Bengaluru
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