Navigating Death Benefits: Are You Covering All Bases for Families Under Indian Law?

Attached, please find a checklist to provide all applicable benefits to his/her spouse and two children under various acts of the Indian Constitution. Please add if you find anything missing.

Regards,
Janardan

Hi Janardan,

In case of accidental death while in service, can family pension be availed under EPF and ESIC both?

In case an employee was absent for the last 5 years due to a medical problem and has now decided to resign, the question arises whether gratuity should be calculated for the period of absence. Could you please advise on this matter?

One employee joined in January 2018 and worked only 10 days. He met with an accident on the factory premises after 10 days from his date of joining. The factory is located in Chattisgarh. He was covered under EPF and ESI. What type of death benefits are available for his family, and what type of forms will be required under various labor laws? Please send the details to [Login to view].

Dear Mr. Daulath, if the employee has at least one contribution to EPF, his family is eligible for a family pension. If you had initiated the process of EPF registration for this employee and paid the January EPF contribution, you are saying he is a member of EPF. So, I presume he has contributed to EPF for January, or he was a member before joining your company. His family will also be entitled to EDLI (Employee Deposit Linked Insurance). The minimum payout has been increased to 2.5 lakhs w.e.f. 15/02/2018. Probably, this may not be available in his case, but as per the old entitlement, it is 24 times the average salary (calculated as an average of the last 12 months). The minimum pension is Rs 1000 as of today (there are some reports of this being revised to Rs 7500). Of course, accumulations in EPF will also go to the nominee/legal heir.

Claiming Benefits

For claiming all three benefits, EPFO has now introduced a composite application form, a copy of which is attached.

Benefits Under ESIC

Under ESIC, there are similar benefits available, but I don't know whether one can avail both. I think funeral expenses, which are Rs 10,000, can be availed. I don't know whether a pension is available under ESIC, so it will be advisable to go for EPF benefits in view of pension entitlement and the likelihood of the minimum pension being revised to Rs 7500. I suggest you study the benefits under both EPF and ESIC and decide.

Dear Mr. Janardhan, thank you for the beautiful XL where benefits under various schemes are listed. Can one avail benefits of ESIC & EPF? How is pension calculated in the case of ESIC? In EPF, it is roughly EPF salary (average salary of the previous 60 months) X pensionable years (number of years contributed to EPF) all divided by 70. In the event of death, even one month's contribution to EPF makes dependents eligible for a pension, with no requirement of 10 years of service applicable to normal cases. The widow receives this amount, and children up to 2 (of up to 25 years of age) get 25% each of this amount. The minimum pension is now Rs 1000, which is reported to increase to Rs 7500.

If one cannot avail both ESIC benefits and EPF benefits, which one will be more beneficial? In this forum, I have replied to a gentleman who inquired about the entitlements for a person who died in an accident while working. Please refer to that before responding.