EPS After Superannuated Employees Are Appointed Again On Contract Basis

In our Company one employee attained superannuation on 1st January 2011 but was reinstated as extension of service on 2nd January'2011 on the basis of agreement between employer and employee with same pay structure with pf deduction.
Now the employee wants to avail pension benefit . so my question is whether he can avail pension benefit even when he is working on contract but with pf benefit and will his pf deposits which was made after his superannuation for the last 1yr and 10months get affected .

There is nothing wrong in engaging one for employment after his superannuation. You can also cover him under Provident Fund because for provident fund there is no age limit. However, if the employee has crossed 58 years of age, the employer's contribution of 12% should be deposited in his provident fund only without making it as 3.67% in PF and 8.33% in Pension Fund. Even if you have done so by oversight the PF will not accept it as such but will redirect the pension portion of 8.33% to his provident fund. For reconciling it you just visit the PF Office and do the needed clerical changes.
He can apply for PF pension now and start getting the pension. There is no bar that while a person is getting Pension from EPF Organisation he should not be employed. He can be employed and continue his provident fund also.
Please note that a person who is getting provident fund pension can be excluded from PF coverage.
Regards,
Madhu.T.K

The clarification given by Madhu ji is legally correct. In such a situation, the retired person can continue his P F ACCOUNT in my view inspite of getting his Pensionery benefits.
A K CHANDOK
RPFC (Retd.)
<link no longer exists - removed>

An employee can continue his membership in EPF after completing 58 years and and draw Super annuation month pension in EPS '95.
J Vaikunth
Vaipav Consultants
09962113555

To,
Madhu T.K,
Thank you very much for your clarification. So, according to it a person can avail pension benefit even if he is working after superannuation
Regards
Niharika Baishya