Dear Sudeep,
The anawer to your queries as under:
1. Do we need to credit interest to members who have resigned and not transferred/ withdrawn their PF balance and their age as on 11th November 2016 is 58 years or more.
Ans: If retirement age is 58, interest will be paid 58 + 3
2. For those members who have taken up employment abroad - can they be considered "permanently migrated abroad"? Should we collect any documentary evidence proving migration abroad. How do we provde that a member has permanently migrated abroad or gone abroad for employment.
Ans.: If member write in the resignation as "Migrating out of India", in that case the interest will be paid DOR + 3 yrs. If in the resignation letter only resignation is written, will entatiled up to retirement + 3
3. In case of resigning employees - Can a letter be obtained from such employees stating that they will transfer their PF to their new establishment with a certain period (Eg. 60 days) or else, PF could be settled and cheque dispatched to member's address and the settlement forms filled in advance,
Ans.: It is mandatory to the member to transfer the PF to the New establishment while he join in the new establishment where PF act applicable. Not necessary to wait for 60 days.
You cannot take withdrawal application without date. In the application declaration is to be given as LAST TWO MONTHS I AM NOT IN SERVICE WHERE PF IS APPLICABLE. iT WILL BE FALSE DECLARATION.
In case of retirement, it is duty of employer to obtain the withdrawal form on retirement date.
4. Can the above (Point No. 3) be included in the relieving letter of the member?
Ans.: No. Answer included in the point 3.
5. As a part of an employees' appointment letter, can we insert a clause stating that on cessation of employment, the employee has to sign a letter for withdrawal of PF with a time limit of 90 to 180 days for the employee to transfer the PF balance to new Company / exercise the option of withdrawal,
Ans.: No. You cannot force to withdraw the amount before date of retirement.
If the member joins in new establishment where PF act is applicable, he has to provide UAN and needs to link the UAN, and the transfer application will be generated on line.
Thanks,
Vidyadhar Bhat