Navigating EPF and EPS Withdrawal After a Workman's Passing: What Benefits Can Dependents Claim?

Inquiry on EPF and EPS Withdrawal After Employee's Passing

One of our workmen passed away last month in an accident (not during duty). He had been working with us since August 2010. Now, please inform me on how we can withdraw his EPF and EPS amounts, and what other benefits his dependents will receive in this case. Also, please provide information on the required documents and relevant forms needed to settle the same.

Regards,
Jaspal

I think you should fill Form 20 to claim PF and Form 10D to claim the pension amount, and submit them to the PF office. Then, the nominee will be entitled to receive all benefits.

For other kinds of benefits in ESIC, you can submit the documents at the branch office. ESIC may then provide the pension to the nominee.

Dear Jaspalnegi87,

Obtaining a Death Certificate

First, you must have the death certificate of the deceased employee. There are rules for obtaining a Death Certificate. These are:

1) A Death Certificate is a document issued by the Government to the nearest relatives of the deceased, stating the date, fact, and cause of death. It is essential to register death to prove the time and date of death, to establish the fact of death for relieving the individual from social, legal, and official obligations, to enable the settlement of property inheritance, and to authorize the family to collect insurance and other benefits.

2) In India, it is mandatory under the law (as per the Registration of Births & Deaths Act, 1969) to register every death with the concerned State/UT Government within 21 days of its occurrence. The Government has provided a well-defined system for the registration of Death, with the Registrar General, India, at the center and the Chief Registrars in States, running through district registrars to the village and town registrars at the periphery.

3) A death can be reported and registered by the head of the family if it occurs in a house, by the medical in-charge if it occurs in a hospital, by the jail in-charge if it occurs in a jail, and by the headman of the village or the in-charge of the local police station if the body is found deserted in that area.

4) To apply for a Death Certificate, you must first register the death. The death has to be registered with the concerned local authorities within 21 days of its occurrence by filling up the form prescribed by the Registrar. The Death Certificate is then issued after proper verification.

5) If a death is not registered within 21 days of its occurrence, permission from the Registrar/Area Magistrate, along with the fee prescribed in case of late registration, is required.

6) The application form in which you are required to apply is usually available with the area's local body authorities or with the Registrar who maintains the Register of Deaths. You might also need to submit proof of birth of the deceased, an affidavit specifying the date and time of death, a copy of the ration card, and the required fee in the form of court fee stamps.

Submission of Forms for EPF and EPS Withdrawal

Then after getting the death certificate, you must fill out Form 5(IF), Form 20, and Form 10D and submit these forms to the RPFC office. I have attached these forms for your reference.

With Regards,

Vineet Deshmukh

Thank you for your valuable replies. Another thing I would like to know is that at the time of his joining, we did not fill out the Nomination & Declaration Form (FORM 2 - revised). Will this cause any problems?

Regards,
Jaspal

If you have not sent Form 2 (Revised) at the time of joining, now you can get the legal hire certificate from their family and send it along with all the forms mentioned by Mr. Vineet.

Thanks to Mr. Vineet for providing the full details and forms.

Regards,
Jayachander Cancer Institute (WIA)

Documents Required in Case of Death

It's a death case, so being human, we need to consult you. You have to arrange the documents in the following order:

1. Form – 20
2. Form – 5(IF)
3. Form – 10D
4. Death Certificate
5. Ration Card
6. Date of birth proof (Widow + Children)
7. Copy of Bank passbook of S.B.I. or P.N.B. account (Widow + Children)
- SBI & PNB are authorized for the pension scheme
8. 4 Photographs Each (1. Widow, 2. Widow + Children) attested by the employer
9. List of Family Members
10. PF contribution required for 36 months in Form - 3A
11. In case of Delhi, 2 Form 10D are to be filled (for other states, 3 sets of Form 10D are required).

Children below 25 years get a pension. In case of any problem, send your query to my email or post here: [Email Removed For Privacy Reasons]

Regards,
Ramnath

The guidelines given above are correct and as per requirement. Please get the forms attested by the employer and contact the PRO of the office of RPFC for scrutiny before submission of these forms. This step will help in avoiding any further queries or objections by the office.

Regards,
Chandok
RPFC Retd.
[Phone Number Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]

I come across most HR people not getting nomination forms from their employees at the time of joining, and the relatives of the deceased are suffering while making a claim.

Obtaining a Legal Heir Certificate

Whatsoever, you have to obtain a legal heir certificate from the district revenue authorities and submit it along with the application for a claim.