Navigating PF Nomination: Can a Muslim Employee Nominate Only One Wife?

Dear All,

I have to advise my friend who is facing a peculiar problem. One of his employees, who is a Muslim, has more than one wife married under the Muslim Personal Law.

My query is regarding PF Nomination: Can he give 100% nomination to one wife and exclude the rest from nomination?

Regards, SC

Hi,

He can nominate one wife and give her all the benefits. Nomination and ratio of sharing is the choice of the employee.

HRG-Rajaram

Complications can arise if he does not nominate anybody or a percentage of his share lies unnominated. Thereby, all legal heirs can claim, and a No Objection Certificate is required, making the process lengthy.

Likewise, an employee is free to nominate anybody for any amount of share he likes. Pension shall, however, be given in equal percentages to all nominees of family (defined as per the act) mentioned by the employee.

He can very well nominate both the wives by giving 50% each. But in case of pension, the first wife will get the benefits, not the later.

Dear All,

Thank you to all members for the responses. What I want to ask is if there are any court cases supporting the opinions that have been expressed by everyone?

Regards,
SC

Dear All,

I would also like to ask, suppose the employee dies, will his children or the wife/wives who have not been nominated be eligible for Family Pension (considering all the children are minors)?

Kind Regards,
SC

Dear SC,

There is a separate column for pension fund nomination, and complications can arise only if it is left blank. If even the name of a donkey, as per the definition of family in the EPF scheme, is given, he will be authorized for a pension.

It is very evident that the nominated person is only authorized for a pension, though you would have to check the legal liability of this person towards both of his wives as per Muslim laws. If only a wife is nominated to receive the pension, then children can only claim that sum after the death of the nominee and after proving their claim over the same.

What sort of court case are you looking for? Is it the son of one unnominated wife suing the other wife? Keep trying.

All the best

Dear Swastik,

The answer to your query is: if the employee has 3 or 4 wives, then it depends on how he has made the nominations for PF. If he states that the amount is to be equally divided among his wives, then it will be done so. Otherwise, the entire amount will go to his first wife, even if he has not made any nominations.

Regarding Retirement benefits plans under the Law jurisdiction.

Regards,
Praveen Ujagiri
9867856668

Dear Members,

What I am trying to stress is the definition of family under EPS. Even if we agree that the person can choose any one of his wives as a nominee, can he really exclude the children of his other wives, since all his children, irrespective of which wife, are his?

Regards,
SC

PF: You can nominate more than one. Under this, he can nominate his children irrespective of the wife's number. Pension: Only one. Gratuity: One.

Yes, he can do so. In case of unforeseen circumstances, only the nominated wife gets the amount.

Regards,
Sujatha

Nomination is effective only in the non-availability of the member (i.e., death), and that too for sharing his PF accumulations among the nominees. In the absence of the Nomination, a legal heirship certificate will suffice. So, let your friend not worry about this - let him nominate any one of his wife, if he is capable of managing the local quarrel.