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A company worker has retired, but erroneously, the HR Person could not find the retirement date, and the person worked out a 45-day excess. Now, all documents have been submitted to the PF Office, but the PF Office is not ready to start the pension for this person on the basis of excess work. Two years have been completed.
To whom this should be shared, and how we can resolve it?

From India, undefined

There is no rule under the EPF and MP Act that if an employee is continuing in service after 58 years, no contribution should be paid. It is true that after 58 years, the employer should not contribute to his Pension Fund but the entire contribution of 12% payable by employer should be paid exclusively to PF account without bifurcating it to 8.33% to Pension Fund and 3.67% to PF. If you have done so, it can easily be diverted to his PF account. The EPF Organisation can do it very easily on getting a request from the employer that erroneously you have contributed to Pension Fund. But they will not do it because their priority is REJECT the CLAIMS of the members just like any private insurance company.

Anyway, you can approach the EPFO by writing a letter saying that in respect of employee X whose age crossed 58 on, continued to contribute to PF and PS due to oversight. The details may be shown in the letter with salary, contribution made to PF and PS, and ask the EPFO to divert the amount excess paid to PS to PF and reconcile the account. If they do not do it, you can file a case against the EPFO.

From India, Kannur
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