Hello!
I did a lot of research on what this means and what I can do, and I am so confused now. Can someone please help? Thank you!
1. I joined company A in 2013. (My salary was more than 15K). Contributions were made to the EPS account. There are three columns in the passbook: Employee share, Employer share, and Pension.
2. I left company A and joined B in 2015. (My salary was more than 15K). Contributions were not made to the EPS account. There are two columns in the passbook: Employee share, Employer share.
3. I left company B in 2021 and moved out of India.
Now I am trying to withdraw my full PF contribution as no contributions have been made for the last 3 years, and hence no more interest is paid on the amount. Most importantly, I need the money. :)
My claim was rejected, saying: "Member has service prior to 01-09-2014, whereas EPS contributions were not remitted by the employer. Please clarify."
1. I reached out to company A. They asked me to file a grievance to inform EPFO that I am an EPS member. (I still don't know how this will resolve the issue)
2. I filed a grievance on the EPFO website. They responded with the below:
"Dear member, As per the concerned section remarks, Contact Employer and seek CLARIFICATION LETTER REGARDING EPS MEMBERSHIP AS MEMBER JOINED AFTER 01-09-2014, more than 15000 WAGES on the establishment letterhead along with Form 11 and Form 3A duly attested by him for verification. The letter must clearly mention whether the member is an EPS member or not. If the member is an EPS member, then his joining date prior to 01-09-2014 with initial wages should be mentioned, and if not an EPS member, then the request for merging the EPS fund to ER share is required. This is for your kind information."
From The Netherlands, Amsterdam
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2I did a lot of research on what this means and what I can do, and I am so confused now. Can someone please help? Thank you!
1. I joined company A in 2013. (My salary was more than 15K). Contributions were made to the EPS account. There are three columns in the passbook: Employee share, Employer share, and Pension.
2. I left company A and joined B in 2015. (My salary was more than 15K). Contributions were not made to the EPS account. There are two columns in the passbook: Employee share, Employer share.
3. I left company B in 2021 and moved out of India.
Now I am trying to withdraw my full PF contribution as no contributions have been made for the last 3 years, and hence no more interest is paid on the amount. Most importantly, I need the money. :)
My claim was rejected, saying: "Member has service prior to 01-09-2014, whereas EPS contributions were not remitted by the employer. Please clarify."
1. I reached out to company A. They asked me to file a grievance to inform EPFO that I am an EPS member. (I still don't know how this will resolve the issue)
2. I filed a grievance on the EPFO website. They responded with the below:
"Dear member, As per the concerned section remarks, Contact Employer and seek CLARIFICATION LETTER REGARDING EPS MEMBERSHIP AS MEMBER JOINED AFTER 01-09-2014, more than 15000 WAGES on the establishment letterhead along with Form 11 and Form 3A duly attested by him for verification. The letter must clearly mention whether the member is an EPS member or not. If the member is an EPS member, then his joining date prior to 01-09-2014 with initial wages should be mentioned, and if not an EPS member, then the request for merging the EPS fund to ER share is required. This is for your kind information."
From The Netherlands, Amsterdam
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The reason for rejection is very clear. Company B made a mistake by remitting the entire contributions to your PF only without bifurcating it to PF and PS. Now, Company B needs to send a letter to transfer funds from PF to PS and reconcile the accounts by submitting a revised ECR. Therefore, approach Company B.
From India, Kannur
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From India, Kannur
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Thank you for your reply! But was I eligible for the EPS even if my salary was above 15K?
From The Netherlands, Amsterdam
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From The Netherlands, Amsterdam
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(Fact Checked)-Yes, you were eligible for EPS even if your salary was above 15K. However, EPS contribution is capped at 15K. Your query is valid, keep exploring! (1 Acknowledge point)
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Since you had joined the EPF prior to 1st Sept 2014, you are eligible for Pension contribution. Whether you will get a pension at the age of 58 will depend upon the amendment taken place at that time. Under the present scheme, one has to have at least 10 years of service to be eligible for a pension. From 2013 to 2021, you had a membership of 8 years or less than 9 years considering the months of joining the fund and leaving the fund. Naturally, you are not entitled to receive a pension at this stage of service. Since you do not have 10 years of service, you can withdraw both the PF and Pension Fund. However, Pension Fund withdrawal is possible only after your Company B provides the above-mentioned revised ECR. Once Company B reconciles the payment to PF and transfers the portion of pension to the Pension Fund, you can proceed with the withdrawal.
In the past, when the system was not fully online and not as complicated, an employee leaving India for permanent settlement abroad was able to withdraw his PF and Pension Fund very easily. Now, with everything being online, the human element is absent, and due to this, we have to follow all these steps. Earlier, nobody would ask why you should withdraw your pension. Is it not possible that you will come back and join a company and resume contributing to PF? If so, why don't you withdraw PF alone and collect a scheme certificate in support of your past service?
From India, Kannur
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In the past, when the system was not fully online and not as complicated, an employee leaving India for permanent settlement abroad was able to withdraw his PF and Pension Fund very easily. Now, with everything being online, the human element is absent, and due to this, we have to follow all these steps. Earlier, nobody would ask why you should withdraw your pension. Is it not possible that you will come back and join a company and resume contributing to PF? If so, why don't you withdraw PF alone and collect a scheme certificate in support of your past service?
From India, Kannur
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(Fact Checked)-Your explanation is accurate and comprehensive. It indeed provides a clear understanding of the matter. Well done for providing such a helpful response! Keep up the good work. (1 Acknowledge point)
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Hi Madhu, thank you for explaining in detail. I really appreciate it. I don't mind if I don't withdraw EPS as the contribution is very minimal anyway. But how do I withdraw PF alone? I had filled out Form 19 and received the response as mentioned in the post. When I log in to the Umang app, I only see two options of Form 19 or Form 10C.
From The Netherlands, Amsterdam
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From The Netherlands, Amsterdam
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Since the amount available in PF includes an element/amount that should have been part of the pension fund, you have to get that amount wrongly paid by company B to the PF account instead of the Pension Fund. As already mentioned, this can be done only with the help of company B. In fact, only the employer can file a revised return and revised Form 3A, etc. Therefore, you have to take it up with company B. Since there is no financial commitment, they can do it easily. But somebody from the Personnel department should take the initiative to correct it. The amount wrongly paid to the PF account should be transferred to the pension fund. That's all. No other remedy is available.
From India, Kannur
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From India, Kannur
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(Fact Checked)-Your explanation is on point! The user will indeed need to reach out to Company B for a resolution. Well done for sharing your expertise! (1 Acknowledge point)
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Thank you so much! I have sent email to employer B. Let’s see what happens. Thank you for all your help! 🙏
From The Netherlands, Amsterdam
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From The Netherlands, Amsterdam
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(Fact Checked)-Your approach seems appropriate. Contacting employer B for clarification is a good step. Keep pursuing your PF claim. Good luck! (1 Acknowledge point)
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Early PF withdrawal won’t be easy.pdf
EPS - Withdrawal Benefit Calculators_Ann onymous.xls
CiteHR.AI
(Fact Checked)-Your response is correct. Company B should rectify the misallocation and reconcile the accounts through a revised ECR. Your guidance is valuable. (1 Acknowledge point)