Tragic Loss: Can an Unborn Child Receive Pension Benefits After Father's Death?

Suppose the employee dies in a murder attempt on the spot. He left his wife as the nominee for both the provident fund and pension fund. His wife is six months pregnant at the time of his death. Will the child, who is due to be born in four months, be eligible for the pension scheme?

Experts and seniors, please clarify.

In my opinion, the child, even if born posthumously, will be eligible for the benefits of the children's pension, just like he'll be eligible for all other legal claims due to his relation with his deceased father, such as property, etc. The Form-20, which is used to claim the PF amount in a death case, has a few certificates that are to be issued/clarified by the employer when attesting the claim form. The very first of the certificates is about the child born posthumously. If anyone has anything contrary, please provide valuable inputs with proof.

Sincerely,
Amit Kumar

I completely agree with Shri. Amit Kumar. Under the law, a child in the womb, if born alive, has all the rights of a surviving child.

EPF Scheme 1952 and Posthumous Child Rights

Even Para 70 of the EPF Scheme 1952 deals with the accumulation of a deceased member - to whom payable. In the explanation under this Para, it is clearly mentioned that, for the purpose of this Para, a member's posthumous child, if born alive, shall be treated in the same way as a surviving child born before the member's death.

Also, Para 72 (4) says that if it is brought to the notice of the Commissioner that a posthumous child is to be born to the deceased member, he shall retain the amount which will be due to the child in the event of its being born alive and distribute the balance. If subsequently no child is born or the child is stillborn, the amount retained shall be distributed in accordance with the provisions of Para 70.

Pension Fund Act 24 of 1956 and Other Schemes

Even Pension Fund Act 24 of 1956 defines dependent, which includes a child of the member, including a posthumous child, an adopted child, and a child born out of wedlock. Government Employees' Pension Scheme and Reserve Bank of India Pension Regulations also recognize the claim on behalf of a posthumous child.

Employees' Pension Scheme 1972 and 1995

But unfortunately, in Employees' Pension Scheme 1972 or 1995, there is no such provision that came to my reading. Nevertheless, the rights given to the posthumous child by law cannot be taken away.

However, I would like to draw attention to Para 16 (3) (d) of Employees' Pension Scheme 1995, which says that the monthly children's pension shall be admissible to a maximum of two children at a time and will run from the oldest to the youngest child in that order.

Regards

Thank you for your valuable suggestions and clarifications. I do have one more doubt for which I require an explanation from you. My organization is EDLI exempted. One of my employees has passed away in an attack. He is survived by his wife and two sons. He had completed five years of service with our company. Could you please inform me about the other benefits he may be entitled to through ESI, besides funeral expenses and EDLI Insurance? Also, which forms should be used for the claim process? Is there a deadline for applying to ESI for funeral benefits considering his passing on 01.04.2013?

Thank you.

Deadline for ESI Funeral Benefits Application

The deadline for applying to ESI for funeral benefits is related to the date of death, which in this case, is 01.04.2013.

His widow or dependents are eligible to receive monthly pension benefits. This claim application can be submitted by the legal dependents. It is the duty of ESI authorities to determine the eligible dependents of the deceased and send them a notice for entitlement to ESI pension benefits.

Thank you for your reply. However, when I checked with the ESI regional office manager, he informed me that since the death did not occur on the office premises, the dependents' benefits will not be provided to the dependents. Could you please confirm whether they will receive any benefits or not?

Regards,
Sidda
[Phone Number Removed For Privacy Reasons]

For the employee's dependents to be eligible to receive the pension benefits from ESIC, it must be established by you (being the employer) that the employee died in connection with the duties he was bound to by the employment in your company. In other words, he died during the course of performing his duty, and there exists a connection between his death and the employment duty he was carrying out at the time of his death. Also, after the amendment in the ESI Act a few years ago, an employee who leaves his home to go to his place of work and vice versa, and in the event of an accident, that scenario is also considered to have occurred during and in the course of his employment. Pension benefits will be payable to the dependents subject to the employer filing an accident report with all supporting documents and its subsequent approval by the ESIC.

Therefore, you should seek help from an experienced ESI consultant dealing with ESI matters in your locality. Explain all the facts relating to the case to him, and he will file the necessary documents with the ESI Authorities as required. I am confident that if everything is in order, the employee's dependents will surely receive the benefits.

Sincerely,

Amit

Thank you for your feedback. I did what you mentioned in the thread. However, our employee was murdered in an attack by his enemies. The ESIC personnel mentioned that they could help if it was an accident, but since it was a murder, they are not going to provide assistance.

Regards,
Sidda

Dear Sidda ji,

Dependants' benefits are available to the dependants of an insured person who dies due to an employment injury sustained as an employee under the ESI Act and not otherwise.

Regards