Struggling with Dad's Pension Claim: How Can I Finally Resolve This Ongoing Issue?

I have been facing a very crucial problem regarding my dad's pension, which my mom and sisters were supposed to receive. My dad passed away on duty on 29th Sep 2009. He was working at Zuari Industries in Goa. The company personnel asked us to submit all the documents, which we readily submitted, and different forms were also signed. Since nothing was happening, we took matters into our own hands and personally inquired at the PF office. They informed us that they hadn't received any documents in my dad's name claiming for the pension. So, we submitted all the documents again along with the EPF number.

After some time, the form came back rejected, stating some documents were not in order, while some required signatures from my dad's employer. We made all the necessary changes as per the letter and sent them back. However, we recently received an SMS stating the form is being rejected again. I inquired again at the PF office as to why the form got rejected again, but they asked me to come with the letter and the rejected form that I will be receiving. Until now, we haven't received any intimation. The staff at the company aren't cooperative at all.

Can you help me with what the next step I should be taking? It's been 3 years now since my dad passed away, and I have seen my mom struggling to get these things done, but nothing is happening fast.

You should not blame the employer regarding this issue. Their duty is just to submit the documents to the PF department.

Most of the time, it happens with the PF Department. It is better if you approach the case worker and the PF enforcement officer/commissioner. If you keep meeting the SRO who will be collecting the documents, it will not be helpful. Even after the rejection of the letter many times, it will be lying with the caseworkers for weeks. After that, they will send the same to the dispatch section, and even after, it will be held for a few days with that section, and later, it will be given to post. So, when you receive any letter from them, it will take ages.

It would be better to approach the PF Commissioner directly. He will listen and hopefully resolve your issue.

Thank you, Jeevarathnam and Isgaur. I really appreciate your reply. I will try to talk to the PF commissioner and see if things can be sorted out by him. Thanks again.

I agree with the suggestions given above. One thing I would like to add is that before you approach the Regional PF Commissioner (generally of Assistant Commissioner's rank) of the region in which jurisdiction the matter relates, you should carry with you the details of the Pension/PF claim sent to the PF Office for settlement. This includes the dispatch diary reference number and date, any token of receipt (if sent through a peon), or the number and date of Postal Dispatch. If possible, bring a xerox copy of the claim papers, PF Account Number, an application from the beneficiaries stating they have not received the settlement amount to date along with their Bank Account details, and a copy of a Cancelled Cheque (in case there is a system of ECS). Having these documents with you may help ensure that your representation is better heard and resolved by the Authorities.

If even after this your matter is not resolved, you may seek information regarding the delay under the RTI Act or write to the PF Commissioner.

Best wishes.

Regards

I have photocopies of all the documents, i.e., the PF forms duly filled in, bank account details of beneficiaries, and the letter that was received previously when my form was rejected. After the changes, the form was sent back again. Now, again when the form is rejected, I have only received an SMS, and I'm still waiting for the letter. Apart from that, I do not have any other details.

Suggested Steps for Resolving Pension Claim Issues

Wait for the document to arrive. Read the objections raised carefully, complete the required tasks, and meet the PRO of the nearest EPF office. Have these documents checked by him, and if completed, send the case through the office of that PRO, who will put the "Stamp of Death Case - To be dealt on Priority."

Wait for 10 days. If there is no response, either meet the RPFC of your nearest area personally or file a complaint with the Head Office of EPFO addressed to the ACC (CSD). Alternatively, file a complaint in the Consumer Forum of your area. All death claims are supposed to be dealt with on priority and should be settled or returned for want of completing documents within 30 days, if not in seven days as stipulated by the EPFO.

Regards,
AK Chandok RPFC (Retd.)

[The link no longer exists - removed]

As you have mentioned that your form has been rejected twice, it is presumed that the PF/Pension settlement department of the establishment where your dad was working is not cooperative for some ulterior motives. It happens so. We, the claimants, are not acquainted with the intricacies of prescribed forms, and the persons specially deputed for the purpose to check the forms in their entirety often do not discharge their duties sincerely for some gratifications. In any case, as suggested earlier, it would be best to meet the HR Manager or Unit CEO and get the forms duly filled in and checked properly. Some PF Offices have issued a checklist to ensure the correct filling in of forms. I am sure the HRM or Unit Head will do the needful. You can also meet the Regional PF Commissioner in this regard, who will certainly help you in correctly filling out the form. Please make double sure before submission of the form this time that the form is filled in properly because now you might have understood that receiving, scrutiny, and raising objections, this cycle takes almost 4 to 6 months if not promptly pursued. As per the latest policy of the PF Department, the claim is to be settled in advance or at most within 30 days of filing a claim in the prescribed format, provided there is no default in the form whatsoever.

Now, follow my way. I would suggest you not seek legal assistance until you are left with no option. I am saying this because, as you have told, your claim has been rejected twice for a default in the form. Hence, no law will ask to settle the claim in the absence of requisite papers.

Regards,
AK Jain

HR Personnel

NCL, CIL

I had visited the EPF Office when my claim was first rejected; it was duly checked by them. We did whatever was directed to us to do, and before submitting the form, it was checked by the staff, and then it was processed. Still, the form was rejected again. Also, it has been more than two weeks since we received the SMS about the second rejection, but no letter has been received yet. I inquired in the PF office too, but they said they cannot do anything until I have the letter and the form.

Regards

I am extremely sorry to hear all this. I strongly feel that instead of approaching here and there, you should meet the Regional PF Commissioner and explain the state of affairs to him. You have not mentioned his approach. If he too is a party to the same, i.e., if he is not paying attention to your suffering, you should file an application under the RTI Act, 2005, seeking information about the reasons for the settlement of the claim. One more thing you have not clarified, even indirectly, is whether there is some demand for gratification for settlement or not. If yes, don't reveal it, but you can catch the culprit red-handed. How? You know better.

Best wishes for an early settlement of your claim. Please also convey your PF region, PF No., the name of your deceased father, and the name(s) of the nominees who have filed the claim. Let me see if I can do anything.

Regards,
AK Jain
HR Personnel
NCL/CIL.

I visited the PF commissioner's office the other day. I couldn't meet him, but the other staff, with whom I had submitted my documents earlier, told me why my form was rejected. Actually, from our side, all the papers are in order. However, the staff member who was responsible for submitting a report regarding our file has not done so as he has been on leave for almost a week due to the Ganesh celebrations. Even on the day I visited the office, he wasn't available. They said they will call us once he is available.