Who Claims EPF Benefits After a Member's Death: Brother or Spouse/Child?

Dear Seniors,

Here is my query: In the case of the death of an EPF member, I would like to know the process of claiming the EPF and its necessary prescribed form. If an employee initially nominates his/her brother at the time of joining and later dies after getting married, leaving behind a spouse and a child, I want to know who will be the right claimant. (Will that be the brother or the spouse/child?)

I have read many other posts on this issue, and please pardon my naivety on this topic. I have just begun this role and need as much input as possible.

Regards,
Sangita Saxena

In the event of the death of an EPF member, his/her legal heir can apply using Form-19 and 10D, along with the legal heir certificate, at the EPFO. As per my knowledge, after marriage, the spouse automatically becomes the legal heir. I believe this clarifies your queries.

Thank you for your reply, but I am in doubt whether the form submission should be Form 19 or Form 20! As you suggested, when one gets married, the spouse automatically becomes the legal heir. Does this mean it overwrites the nominee that was mentioned before the marriage? I am confused about who will be the rightful legitimate.

Regards,
Sangeeta Saxena

In the event of the death of a member, the nominee or legal heir will need to apply using Form-20. The spouse automatically becomes the legal heir after marriage. Generally, the legal heirs would be the spouse followed by the children.

After the death of the member, the nominee will be his spouse. Additionally, EPF payment will only be made in accordance with the legal heir certificate. Therefore, his wife will be the nominee.

Regards,
Narasimhan

In case of death, Form 19, Form 20, Form 5 (IF), and 10D need to be filled for the claim. Necessary documents should be attached.

1. Legal Heir certificate
2. Photos of legal heirs, etc.
3. Original death certificate

Regards,
V. Subbarao

Mr. Subbarao is right.

Claim Form 20

Pension Form 10 D

EDLI Form 5F

Or, if there is any private insurance for EDLI, based on that, process formalities.

1. Legal heir certificates for all
2. Photos
3. Death certificate for the employee (Original)

Thanks and Regards,
Satyaa K

I fully agree with Subbarao.V. After the death of the member, the nominee will be their spouse. Additionally, EPF payments will only be made in accordance with the legal heir certificate. Therefore, his wife will be the nominee.

Thanks & regards,
Balwinder

As suggested by all, you need to submit the following documents for the PF Claim:

Form - 19: To be submitted by a member to withdraw his Provident Fund dues on leaving service, retirement, or termination.

Form - 20: In the event of the death of a member, this form is to be used by a nominee or family member to claim the member's Provident Fund accumulation.

Form - 10(C): To be submitted by the first claimant, i.e., the member or widow/widower or orphan or nominee, as the case may be.

Form - 5(I.F): To be preferred by the person eligible to receive the Employees' Provident Fund dues of the deceased member who died while in service.

Death Certificate.

If the member is covered under ESIC, then the nominee can claim benefits from ESIC.

Regards,
Maneesh Gupta

According to my knowledge, your statement is incorrect in some areas.

1. There is no need to fill Form 19 in the case of death. The nominee of the deceased member will only have to fill Form 20.
2. Similarly, there is no requirement to fill Form 10C. The pension benefit can be obtained by filling Form 10D.
3. The spouse and the first two children are entitled to the pension benefit. An important point to note is that the spouse will receive the pension either until remarriage or for a lifetime. The first two children will receive the pension until the age of 25. If the member has more than two children, the pension will cease for the first child at the age of 25, and the third child will then start receiving the pension until reaching the age of 25.

Regarding ESIC benefits, only a funeral benefit of Rs 10,000 will be provided to the nominee of a deceased member. If the death is due to an employment injury, the nominee may also receive a pension from ESIC.

Regards,
Nilesh Soni
Mumbai
[Phone Number Removed For Privacy Reasons]

Nomination Validity and Legal Heirship in EPF Claims

As per paragraph 61 of the PF scheme, a nomination made in favor of a non-family member (e.g., a brother) becomes invalid when the member acquires a family. If the member has not made a fresh nomination in favor of any family member(s), then the EPFC will disburse the amounts based on the legal heirship certificate.

On other matters, Mr. Nilesh is correct.

Regards,
Varghese Mathew

Eligibility for Monthly Pension After Widow Member's Death

My question is: if a widow member passes away after completing pensionable service (i.e., above 10 years of service), and her son is above 25 years of age, is her son eligible for a monthly pension?

Kindly see the attached file for EPF death case settlement. If you are still facing any problems, please post it again.

Regards,
Sunil Sharma

To add to Mr. Subbarao's suggestion, please submit attested photocopies of the bank statement in respect of the nominee (spouse), attested photocopies of age proof of a child below 25 years, and copies of the bank statement of the child to receive a pension until 25 years, I think.

Regards,
K. Srinivas

Eligibility for Pension After Widow Member's Death

My question is: if a widow member passes away after completing pensionable service (i.e., above 10 years of service), and her son is above 25 years of age, is her son eligible for a monthly pension?

Mr. Nilesh is correct. Below are the documents required for an EPF claim in the event of the death of an EPF member:

1. Original death certificate
2. Four copies of the nominee's passport-sized color photos each.
3. Xerox copy of the nominee's bank passbook; the account must be in a nationalized bank.
4. Xerox copy of the birth certificate for nominees (children below 25 years old).
5. Proof of residence.
6. All nominees must sign Form 10D, Form 20, and Form 5IF.
7. The company should provide a Death While in Service Certificate.

I have one query: In the case of an employee's death and full and final settlement, is the payable amount to be distributed according to the nominations made in Form II? Please confirm.

Please submit Form 20 and Form 10D in duplicate along with the required documents, such as the death certificate and birth certificate of all the dependents, as proof of age. Additionally, include photocopies of the bank account details of the lady and her children, as they will be the legal heirs entitled to the pension. The pension will be automatically credited to their bank accounts for the lady's lifetime and for the children until they reach 25 years of age.

Thank you.