Unmarried Employee's Death: Can the Mother Claim Benefits if the Father is Alive?

Nominee Claim in Case of Employee's Death

In the event of an employee's death, is it mandatory for the claim to be received only by the father if he is alive, even if the registered nominee is the mother? The employee in question is not married.

Regards

Actually, if a nomination exists, payment is made to the nominee in accordance with Form 2(R) (Nomination and Declaration Form). If no nomination subsists, payment is to be made to every member of his family (as defined under para-2(g) of Employees' Provident Fund Scheme 1952) in equal share. In your case, if the employee has given the nominee name of the mother, then she will be the only one to get the share.

Thanks & Regards,
Sushma

The PF office has refused to accept the claim form, stating that the documents and signature must be of the father, not the mother. If possible, please provide me with some extract or some case to provide to the PF office to expedite the process.

Thanks & Regards,
C.M. Mohla

Do you have the hard copy or acknowledgment of PF Form-2 (nomination form)? We are dealing with the Mumbai regional P.F. office and have never received this kind of feedback in death claim cases. Please confirm the reason for neglecting the registered nominee in PF Form-2 from EPFO.

Thanks & Regards,
Sushma

We have all the required documents of the employee. In fact, this is the first time I have faced such a strange reply from the P.F. official. He is adamant and simply refused to accept it. When I asked him for a reason, he had no reason to back his point but simply had one answer that in every death case, we follow the same process and will process only the father's claim.

Thanks & Regards,
C.M. Mohla

If an employee dies with no family left behind, then according to the E.P.F. Act, the payment of PF is made to the person nominated in Form No. 2. According to the E.P.S. Act of 1995, in this scenario, both the mother and father of the member are entitled to receive a pension amount. Therefore, you have to send the claim in the name of the mother and father of the member.

I am currently handling a similar situation.

Thanks and regards,
Amit Kumar
[Phone Number Removed For Privacy Reasons]

In the case of the death of a member, the nominee as per Form 2 is initially eligible for payment. If there is no nomination declared, then both the mother and father are entitled to benefits. However, if the mother is already nominated as per Form 2, there is no reason to refuse the withdrawal by the PF Department.

Regards

We are also facing confusion regarding the same matter. Our deceased employee had nominated his father, but our regional EPF office states that the claim will only be settled based on the legal heir certificate. Consequently, we are unsure whether we should submit the claim form for all legal heirs or just the nominee. If only the nominee, is the procedure the same for EPF and EPS?

Experts, please provide clarification.

Thank you,

Senthilkumar
Personnel Officer
Texmo Precision Castings
Coimbatore

The purpose of getting a nomination form filled out by the employee under the EPF Act and Rules made thereunder is to cater to the contingency of death and the release of the accumulated amount standing to his credit in the books of the EPFO.

In this case, it is desirable to meet the RPFC/ARPFC, as the case may be, explain the problem, and seek guidance from him, quoting the Act.

Regards,
S.K. Johri

The nomination executed by the deceased member is binding on the EPFO. Final payment of the EPF account is to be made to the nominated mother only. Please ensure that you furnish a copy of the nomination accepted by the competent authority with the claim. If the EPFO official is still adamant, meet the superior officer and submit the claim. You may also insist on a written reply from the official who is refusing to accept your claim papers. Please do this and then revert.

Father is eligible for EPS, 1995 pension. He has to file a separate application in Form 10-D, quoting the name of the mother in the family member's details column. After the death of the father, the mother will receive a pension.

Thanks and regards,
C.M. Mohla

Please correct me if I am wrong. What I can conclude from your reply is that in the case of the pension amount, only the father is eligible for a claim (if he is alive), irrespective of the fact that the nomination is only in the mother's name. Kindly clarify the same.

Thanks & Regards,
C.M. Mohla

Yes, you need to send the documents to all legal heirs and obtain signatures from them (along with their photos). If the employee is unmarried, only the signatures of the mother and father are required. If the employee is married, the dependents (spouse and children below the age of 21 years) need to sign as well.

Regards,
KHS

Dear Shri Mohla Ji,

The nomination executed by the deceased employee is for EPF and not for the family pension under EPS 1995. To the best of my knowledge, information, and belief, after the death of an unmarried son, only the father can apply for a family pension. After his death, the mother of the deceased member can apply for a pension. Notwithstanding, I will again search the EPS 1995 and revert with either proper reference or with amendments to what I have stated here. Presently, you may proceed with the final EPF claim in the name of the nominee mother.

Thanks & regards,

Dear Shri Mohla Ji and all concerned, my above contention is correct. The only amendment I need to make is that the applicant's father should have been dependent upon his deceased son. I have been able to connect the relevant provision in the EPS 1995. The EPS 1995 is a public document and can be downloaded from the official site of the EPFO. Being a public document, I reproduce below the relevant portion, i.e., article 5(a) which reads as follows:

Quote: (5) (a) A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter, provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of the death of the member, such a nominee shall be entitled to receive a monthly pension equal to the monthly widow's pension, as admissible under sub-clauses (I) and (ii) of clause (a) of sub-paragraph (2). [. "(aa) If a member dies leaving behind no spouse and/or an eligible child falling within the definition of the family and no nomination by such deceased member exists, the widow's pension shall be paid under sub-clauses (I) and (ii) of clause (a) of sub-paragraph 2 either to dependent father or dependent mother as the case may be. On grant of Pension to such a dependent father and in the event of the death of the father pensioner, the admissible pension shall be extended to the surviving mother lifelong".]. Inserted by G.S.R.66 dated 22nd February 1999. (w.e.f 6.3.99) Unquote.

Please note that for eligibility for a pension, the father should have been dependent upon his son. The first claim will be of the father and not the mother. Those interested may kindly go through the Employees' Pension Scheme, 1995, which is available on the EPFO website and can be downloaded by anybody. This is, however, different from the final payment of the deceased member's EPF account, which can be paid to only the nominee, in this case, to the mother only.

Please proceed ahead in the light of the above explanation.

Thanks and regards,

Dear Shri Mohla Ji and all others concerned, kindly read Article No. 16.5(a) instead of 5(a). The entire EPS 1995 is attached herewith.

Dear Mr. Agrawal,

Here I am handling the same situation regarding the pension of an unmarried employee who nominated his mother in Form No. 2 (Revised) at the time of joining. As per the rule, his mother (nominee) is entitled to receive the PF share. However, when I sent the pension claim in the name of the mother, the PF office rejected the claim and advised me to send the pension claim in the name of the father of the deceased member. I am confused to see all this. When the mother is the nominee in Form No. 2 (Revised) and the PF claim has been settled by the PF office in the name of the mother, then what is the problem in the pension claim?

After that, as per the advice of the PF office, I sent the same in the name of the father. They rejected the claim and advised me to send the claim for both the father and mother of the deceased member. Finally, I have sent the same to the PF office, and it is under process. Please suggest to me if I was wrong anywhere.

Thanks/Regards,
Amit Kumar

Nominee Claim Process for Deceased Employee

First of all, tell me if the deceased employee has filed the nomination and declaration form, i.e., Form-2 or not. If yes, then it should be clarified whether he was married or unmarried. Thirdly, if married, then the compensation and benefits go to the family members of the deceased employee; if not, the nominated members will benefit.

Secondly, the forms required for filing a death claim should be Form-20, 5IF, and 10D. EPF accumulation should be claimed from Form-20. For this, you have to fill this in triplicate for each claimant. Afterwards, the same procedure should be followed for filling up Form 5(IF), which is for EDLI, and Form 10D (For EPS), duly accompanied with:

1. Photographs of the claimants duly attested by the employer where the employee was working.
2. Age proof of the deceased employee (*must be attached with Form 20, Form 5(IF), and Form 10D, separately in each set).
3. Death certificate of the deceased employee, including the autopsy report/police FIR copy in case of accidental death (*Do as above).
4. Age proof of claimants (*Do as above).
5. Bank details of claimants (*Do as above).
6. Attested copy of Form 2 (Nomination and Declaration form) which was earlier submitted to EPFO through the employer.
7. Age Proof of claimants (*Do as above).
8. ID Proof of claimants (*Do as above).

For EPF and EDLI accumulation, the amount should be transferred to any scheduled/nationalized banks or Post office, but for EPS, you have to go to EPFO because EPS accumulation should only be transferred to the listed banks of EPFO for various states.

Last but not least, if nomination was done, then it is well and good. If not, no need to worry. You should file an affidavit from a judicial magistrate to EPFO detailing the relationship with the deceased employee. Secondly, if the age proof of claimants is also not available, they must approach the CMO/CIVIL SURGEON office to obtain a certificate for the same.

If anyone is not willing to nominate anyone for EPFO, he/she may also nominate any NGO or social body for a claim after his/her death.

Regards,

Sumit Kumar Saxena

[Phone Number Removed For Privacy Reasons]

Dear Mr. Agrawal,

Here I am handling the same situation regarding the pension of an unmarried employee who nominated his mother in Form no. 2 (Revised) at the time of joining. As per the rule, his mother (nominee) is entitled to receive the PF share. However, when I sent the pension claim in the name of the mother, the PF office rejected the claim and advised me to send the pension claim in the name of the father of the deceased member. I am confused to see all this, as the mother is the nominee in Form no. 2 (Revised) and the PF claim has been settled by the PF office in the name of the mother. Then, what is the problem in the pension claim? Following the advice of the PF office, I sent the claim in the name of the father, but it was rejected, and I was advised to send the claim for both the father and mother of the deceased member. Finally, I have sent the same to the PF office, and it is currently under process.

Please suggest if I made any mistakes.

Thanks/Regards,

Amit Kumar

Dear Shri Amit Kumar Ji,

Please separate the two subjects - final payment of EPF account & pension under the Employees Pension Scheme, 1995. Then you will have no problem. The balance in the EPF account is the earnings and savings of the account holder. He may nominate anyone to receive it after his death. It is a one-time payment. On the other hand, a pension is to be paid from the public exchequer. It is a continuous process until the pensioner dies, remarries, or attains a certain age. It is a social welfare measure and therefore governed by different rules. As you mentioned, the PF office has settled the final payment claim of the deceased member's mother and insisted on the pension claim from the father with the name of the mother included. In case the father passes away before the mother, she would receive the pension after him for life. If the claim for the pension were in the name of the father only, it would have stopped after his death. Now, the pension payment order would clearly mention the name of the mother as well. You did not make any mistakes, but the PF office was correct. They are seasoned professionals who handled the case correctly.

Thanks & regards,

If the candidate has already nominated his or her mother, then they must claim PF only for their mother, providing all the necessary proof.

Regards,
Ajaz

Even if the nominee is the father or mother, they should obtain a dependent certificate from the concerned District Tahsildar or Deputy Collector. This is one of the easiest ways to determine dependency.

Regards,
Dhanasekar
[Phone Number Removed For Privacy Reasons]

In the instant case, please go through section 61(1) (Chapter VIII) of the EPF & Misc. Provisions Act and confront the RPFC/ARPFC with the same. Their contention is not in conformity with the provisions of the Act.

Regards,
S.K. Johri