EPF Pension eligibility - Joined the firm is 11/06/1990 - date of retirement is 31/01/2012

Hello seniors, Greetings... I am working a consultant in Jodhpur and looking for help in a pension case.
One employee is there whose date of birth is 19/06/1945.
His date of joining the firm is 11/06/1990.
His date of joining the EPF is 01/05/1993 whereas his date of joining the Pension fund is 01/04/1994.
His date of retirement is 31/01/2012.
Now, my question is if he is eligible for a pension from a PF?

Born in 1945 he must be around 67 years of age now. He would have attained 58 years in 2003. His actual pensionable service account for around eight years (ie, from Nov 1995 to June 2003) and he has around one and half years of past service also. An analysis of these reveal that he is eligible to pension as he has more than 10 years of pensionable service clubbing both 'past service (service before 16th Nov. 1995) and actual service (service after 16th Nov 1995).
Since 2003 his pension contributions would have been redirected to Provident Fund and that accumulation will also be available to him.
Regards,
Madhu.T.K

Respected Madhu T.K. Sir,
Thank you for your quickest and valuable inputs.
I hope I will be getting more inputs in future also from your side.
Once again thank you so much.
Regards
Omprakash Suthar

Dear Seniors
please let me know that if an employee has completed his 58 years of age, then can any organization continue his employment.
can that employee work as a employee.
i request you please share your views and help me to clear this thing.

If he physically fit to work, a person over 58 years of age can be employed. If already working he can continue after his superannuation age. But giving employment to an elderly person should not be looked up as an instrument to avoid statutory contributions like ESI. It is okay if you stop contributing to his PF since with the age of superannuation he would withdraw his PF accumulations and would start getting PF pension and as such there is no legal obligation on the part of employer to contribute to his Provident Fund but he should continue with his ESI contribution. Also he should be given other benefits like bonus (if covered), leave benefits, gratuity etc. In case his gratuity is paid on the date of reaching the age of superannuation the extended term only will qualify for gratuity and that also if the extended period qualifies for gratuity (ie, is 5 years or more)
Madhu.T.K

Dear Madhu T K Sir
thanks a lot for valuable reply.
please let me know the superannuation age
and on the date of completion his 58 years of age, what is the basic formalities like.
1. have we require medical certificate for confirmation the fitness for work.
have we require any compliance in EPF Dept.
kindly help to get out of this problem.

There is no legal formalities connected with it but it is always good if you re employ after getting a medical certificate. You need not take any permission from the EPFO also. If you continue to give him PF, you can do so and whatever contribution is payable by the employer may be deposited in the PF account only without bifurcating it into PF and Pension Fund.
Madhu.T.K

What are the basic changes in EPS after amendment. How to calculate EPS amount.

"Is the employee ineligible for the monthly scheme, but eligible for the EDLI scheme?"

Hi,

Any employee who has an EPF account automatically becomes eligible for the EDLI scheme irrespective of pension contribution is made or not.