Understanding Employee Pension Schemes: What Should a Jr. HR Manager Know?

SUBHANKAR PAL
I am working in a manufacturing unit as a Jr. HR Manager. I need some information about the employee pension scheme. Please provide some details.

Thank you.
korgaonkar k a
It is very surprising that an HR Manager, especially one engaged in the manufacturing industry, is unaware of the Social Security Scheme applicable to his employees by statute. In this forum, I feel that one cannot acquire knowledge if they do not possess a basic understanding of the subject matter. Queries on any subject matter can be resolved here.

Even attending a seminar or workshop lasting two to three days may not help you comprehend the pension scheme if you lack any prior knowledge about it. You should first acquire a basic understanding from your own sources and then participate in such forums to further enhance the knowledge you have gained.

I hope I have not said anything wrong.
rohan4444
Employee Pension Scheme Overview

The employee pension scheme falls under the Employees' Provident Funds and Miscellaneous Act of 1952. For the Employee Pension Scheme, a minimum of 10 years of contributory service is required for entitlement to a pension. The amount of pension will vary and is calculated as follows: (Pensionable Salary multiplied by pensionable service + 2) / 70.

The pension scheme provides for the payment of pensions in cases of superannuation, retirement, permanent total disablement, and death. I hope that clears your doubt.

Regards
Premkumar Nair
Dear Subhankarji, kindly read the EPF & MP Act, which includes EPS as well, and grasp the entire concept. If you need any clarifications on any topics, please raise them for guidance. Citehr is a forum intended for this purpose and not for training on any specific subject or Act. Best of luck.
bpugazhendhi
Employees Pension Scheme 1995

In response to the long-standing demand of the working class for pension benefits, the Employees Pension Scheme 1995 (EPS) was introduced with effect from 16/11/1995. This benefit is in addition to the Employees Provident Fund [EPF] Benefit for the members of the EPF. This scheme is compulsory for all those who become members of EPF from 16/11/1995 onwards.

NOTE: The details given below are relevant and applicable only to those who entered service and became members of the scheme on or after 16/11/1995. For those who joined earlier, there are different provisions.

Contributions

Employees need not make any separate special contribution for EPS. A part of the employers' contribution to the EPF is diverted to the EPS account of the member. Normally, the employers contribute 10% or 12% of the wages every month to the EPF account of the member. Out of this, 8.33% is diverted to the EPS. The government contributes 1.16% of the wages every month to the EPS. Therefore, the employee need not contribute anything separately for the EPS. Contributions continue until the member attains the age of 58 years only. Thereafter, no contribution is made to the pension scheme. After 58 years of age, the member can get a pension if he is otherwise eligible.

Benefits Do Not Depend on the Amount of Contribution

One basic point about the pension benefits under the EPS is that no account is kept about the exact amount of contribution made to each account. This is because the benefits do not relate to the amount of contribution at all. Benefits depend solely upon the number of years of pensionable service and the amount of pensionable salary.

Pensionable Service

Pensionable service is the service [after 16/11/1995] the member has put in and contributions were made to the scheme. This may be either under one employer continuously or under different employers due to leaving one job and joining another. The periods of interruption between one employment and the other will not count for pensionable employment since during these periods no contribution has been made to the EPS. Therefore, it is necessary that one takes care to stick to the EPS even while changing jobs. This can be done by getting what is called the 'scheme certificate' when one leaves one job. On such occasions, when one leaves a job midway, one normally has two choices under the EPS: 1. to opt for the withdrawal benefit under the EPS or 2. to opt for 'scheme certificate'. The option to get the withdrawal benefit is available only if the service put in is below 10 years. If one has served for more than 10 years, one has to compulsorily take the 'scheme certificate' only.

Under the 'withdrawal benefit', one gets a paltry amount, just a portion of the contributions made to the EPS depending on the length of service. There is a table for this purpose. Since the contribution is normally made on monthly wages of up to Rs.6500 only [being the ceiling for applicability of the scheme], the contribution made will not be a substantial amount. As already mentioned, the percentage of contribution is only 8.33 + 1.16 = 9.49%. This will work out to only Rs. 616.85, say 617 per month [6500 * 0.0949]. Under withdrawal benefit, even this amount is not fully given back. Only a portion is given. For example, if one has put in 9 years of service, he will get Rs. 617 * 9.88 = 6096 only.

Note: The contribution to the Pension Fund can be made beyond the ceiling limit of Rs.6,500/- on the joint request of the employee and the employer so as to get more pension benefit; but only when the request is made immediately upon salary/wages exceeding the ceiling.

A member leaving the service after putting in 10 years of service will be issued a 'scheme certificate'. If he joins another service and leaves that also, he will get another 'scheme certificate' which will include the previous tenure of service. For example, if one joins an establishment on 1/1/1996 and leaves it on 1/2/2006, he will get a 'scheme certificate' which will show that he has put in a pensionable service of 10 years and one month. Thereafter, if he joins another establishment on 1/3/2006 and leaves that also on 1/5/2007, the new scheme certificate will show the pensionable service as 10 yrs 1 mth + one year two months = 11 years and 3 months. The pensionable service gets added on like this until one finally retires or reaches the age of 58 years. In the unfortunate event of the member dying during the period of unemployment but holding the scheme certificate, his family will get a family pension. In this way, having a 'scheme certificate' is like having an insurance policy without the need to pay any premium!

Early Pension

If one has put in 10 years of pensionable service and attains the age of 50 years and one decides not to join any further service, one can get what is called an early pension at a reduced rate. In this case, the amount of pension is reduced at the rate of 4% per year that is less than 58 years of age, subject to a maximum reduction of 25%. But if after getting the early pension, one joins another job, one cannot continue to be a member of the EPS. His further spell of service after getting a pension will not be counted as pensionable service since the moment he gets a pension, he ceases to be a member of the EPS and becomes a pensioner.

Superannuation Pension

This is payable on attaining the age of 58 years after putting in 20 years or more of service.

Retirement Pension

This is payable if a member retires from service before attaining the age of 58 years but after putting in 20 years or more of service.

Formula for Calculation of Pension

The formula for calculation of pension is very simple. It is:

Monthly Pension = (Pensionable service x Pensionable Salary) / 70.

Pensionable service has already been explained above. Pensionable salary is the average of the last 12 months' salary before retirement or superannuation.

Family Pension etc.

In addition to the above, the EPS also provides for family pension, disability pension, etc.

Family Pension is payable in case of the death of a Member:
• After leaving the employment
• While in employment
• After drawing the Pension

Family Pension is payable even where the death occurs before 10 years of service in case of death while in service. Thus, in such cases, the minimum eligible service of 10 years is not applicable.

On the death of a member pensioner, the Pension is automatically payable to the spouse (widow/widower and eligible children).

When a member dies while in service as a Bachelor or Spinster or where there is no spouse or children below 25 years, the Family Pension is payable to the Nominee till his/her death.

When there is no valid nomination, the Family Pension is payable to the dependent father followed by the dependent mother.

In addition to Family Pension to Widow/Widower, children below 25 years are also eligible for Pension simultaneously, two at a time in order of their seniority. It is payable to the married daughter/son also.

Minimum Widow Pension - Rs.450
Minimum Child Pension - Rs.150

On the death or re-marriage of the widow/widower, the children will be given an enhanced pension treating such children as Orphans.

Minimum Orphan Pension - Rs.250

On behalf of the minor children, the pension is payable to the guardian.

Any child in a family with total and permanent disablement will receive a pension till death; in addition to other eligible children.

Where an employee is totally disabled and leaving the service on account of disablement, disablement Pension is allowed. No age and service are stipulated to claim this pension; provided disability should be 100% rendering the member unable for the job he was in before disablement.

Wherever the Pension claims are received one month before the date of Retirement, the Regional Provident Fund Commissioner will deliver the Pension Payment Order on the day of Retirement.

Apart from the Pension benefit, a member pensioner can commute up to one-third of his pension and in lieu of this, he will receive a lump sum amount equivalent to 100 times the commuted value of the pension; but once the option is exercised, the same cannot be changed.

A pensioner may nominate a person to receive a lump sum amount after his death as Return of Capital by opting for it.

NOTE: It is once again emphasized that the above details are applicable only to those who joined the Scheme on or after 16/11/1995. For those who joined earlier, the methods of calculation are slightly different. For the sake of brevity and simplicity, they are not elaborated here.

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srnujella
Employees' Pension Scheme – 1995

Introduction to Employees' Pension Scheme-95

The Employees' Pension Scheme-95 came into effect on 16.11.95. It is a benefit-defined social insurance scheme formulated following actuarial principles to ensure long-term financial sustenance. This scheme replaced the Family Pension Scheme, 1971, with the assets and liabilities of the erstwhile Pension Fund transferred and merged into the new Pension Fund. The benefits and entitlements to the members under the old scheme remain protected and continue under the new Employees' Pension Scheme-95.

Application and Coverage

The scheme was notified on 16.11.95 and made effective from that date, with a provision for retrospective application from 1.4.93 in selective cases. It applies compulsorily to all new members of the Provident Fund and existing members contributing to the Employees' Family Pension Scheme-1971. Existing members (as of 16.11.95) of the Provident Fund who did not opt for joining the erstwhile Employees' Family Pension Scheme-1971 and beneficiaries under the erstwhile scheme in case of death/exit occurring between 1.4.93 and 15.11.95 have the option to join the new scheme.

Contribution

No separate contribution is payable by the member for the Pension Scheme benefits. The new Pension Scheme, like the old Employees' Family Pension Scheme, 1971, derives its financial resources by partial diversion from the Provident Fund contribution, with the rate being 8.33% in lieu of 2.33% against the old ceased Family Pension Scheme-1971. The Central Government continues contributing at the rate of 1.16% as before, on wages at the end of the year.

Benefits

The newly introduced Employees' Pension Scheme-95 provides the following benefit package:

- Pension for life to the member, on superannuation/retirement and invalidation.
- To the members of the family upon the death of the member:
- Pension to Widow/Widower for life or till remarriage.
- To children/orphans, two at a time, additionally up to 25 years of age simultaneously with widow/widower pension.
- Children/orphans with total and permanent disability are entitled to payment of children pension or orphan pension irrespective of age and number of children in the family.
- Facility for payment of pension to a nominee in the event of a member who is unmarried or without any eligible family member to receive a pension.
- Facility for payment of pension to a dependent father/mother in the event the member dies leaving behind no eligible family members and no nomination by such deceased member exists.
- Facility for capital return (corpus accretion) on an option formula basis.
- Commutation of pension up to 1/3rd of the pension amount.
- Scheme Certificate to retain membership of the Scheme till attaining the age of 58 years.

Superannuation/retirement pension under the new scheme will be payable on fulfilling:

- Minimum 10 years of eligible service.
- Attaining the age of 58 years.

On ceasing employment earlier than 58 years, a pension may be availed of by a member at his option, before attaining the age of 58 years but not below 50 years. Such early pension will be subject to a discounting factor. However, no such age restriction or eligibility requirement shall apply for pension entitlement on disablement or pension payable to the family members on the death of the member. Membership with one contribution is enough in such cases.

Valuation of Pension Fund

The Pension Fund is evaluated by an Actuary on an annual basis. Based on valuation recommendations, the Central Government determines the amount of relief on pensions to existing pensioners.

The Employee's Pension Scheme, 1995

Arrangement of Paragraphs

1. Short title, commencement, and application
2. Definitions
3. Employees' Pension Fund
4. Payment of contribution
5. Recovery of damages for default in payment of any contributions
6. Membership of the Employees' Pension Scheme
7. Option for joining the scheme
8. Resolution of doubts
9. Determination of eligible service
10. Determination of Pensionable Service
11. Determination of Pensionable Salary
12. Monthly Member's Pension
12A. Option for commutation
13. Options for return of capital
14. Benefits on leaving service before being eligible for monthly members pension
15. Benefits on permanent and total disablement during the service
16. Benefits to the family on the death of a member
16A. Guarantee of Pensionary Benefits
17. Payments on exercise of option.
17A. Payment of Pension
18. Particulars to be supplied by the employees already employed at the time of commencement of the Employees' Pension Scheme
19. Preparation of contribution cards
20. Duties of employers
21. Employer to furnish particulars of ownership
22. Duties of contractors
23. Allotment of Account Numbers
24. Declaration by persons taking up employment after the Fund has been established
25. Employees' Pension Fund Account
26. Investment of the Employees' Pension Fund
27. Disposal of the Fund
28. Administration Account
29. Forms of Accounts
30. Audit
31. Rounding up of the Benefits
32. Valuation of the Employees' Pension Fund and review of the rates of contributions and quantum of the pension and other benefits
33. Disbursement of Pension and other benefits
34. Registers, Records, etc.
35. Power to issue directions
36. Regional Committee
37. Annual Report
38. Application of the provisions of the Employees' Provident Fund Scheme, 1952
39. Exemption from the operation of the Pension Scheme
40. Information to the Central Government
41. Interpretation
42. Punishment for failure to submit return, etc.
43. Payment of pension in the case of a person charged with the offense of murder
44. Repeal and savings

Schedule

The Employees' Pension Scheme, 1995

In exercise of the powers conferred by Section 6A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, namely:

1. Short title, commencement, and application
- This Scheme may be called the Employees' Pension Scheme, 1995;
- This Scheme shall come into force on the 16th day of November, 1995;
- Subject to the provisions of this Scheme, the employees have an option to become members of the Scheme with effect from the 1st April, 1993;
- Subject to the provisions of Section 16 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, this Scheme shall apply to the employees of all factories and other establishments to which the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 applies or is applied under sub-section (3) or sub-section (4) of Section 1 or Section 3 thereof.

2. Definitions
- "Act" means the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);
- "Actual service" means the aggregate of periods of service rendered from the 16th November, 1995 or from the date of joining any establishment whichever is later to the date of exit from the employment of the establishment covered under the Act;
- "Commissioner" means a Commissioner for Employees' Provident Funds appointed under Section 5D of the Act;
- "Contributory service" means the period of 'actual service' rendered by a member for which the contributions to the fund have been received or are receivable;
- "Eligible member" means an employee who is eligible to join the "Employees' Pension Scheme";
- "Existing Member" means an existing employee who is a "Member of the Employees' Family Pension Scheme, 1971";
- "Family" means:
- Wife in the case of a male member of the Employees' Pension Fund;
- Husband in the case of a female member of the Employees' Pension Fund;
- Sons and daughters of a member of the Employees' Pension Fund;
- Explanation: The expression "sons" and "daughters" shall include children legally adopted by the member.
- "Pension" means the pension payable under the Employees' Pension Scheme and also includes the family pension admissible and payable under the Employees' Family Pension Scheme, 1971 immediately preceding the commencement of the Employees' Pension Scheme, 1995 with effect from the 16th November, 1995.
- "Member" means an employee who becomes a member of the Employees' Pension Fund in accordance with the provisions of this Scheme.

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Regards,
Subba Raju.N
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