Struggling to Withdraw PF from Previous Employer: Seeking Advice on Eligibility and Exemption

Hello,

I have worked for two companies:
Organization X - From July 2004 to December 15, 2005.
Organization Y - From February 5, 2006, until now.

I want to withdraw my PF amount from Org X, but they are saying it is not possible to withdraw it because I am employed with Y now. I think I should not only get the PF amount but also the amount should be exempted because organization X itself has stopped my service on December 15, 2005. Out of all the clauses required for tax exemption, I fall under the category: due to reasons beyond your control (ill health, or discontinuance of employer's business), you still will be eligible for exemption. I have asked so many people but am not getting any satisfactory answer. I shall be highly obliged if you assist me by devoting some of your precious time.

Thanks and regards,
Ruhina

Dear Ruhina,

If you have switched jobs, then you cannot withdraw your PF. It can be transferred from your previous employer to the current employer by submitting Form 13 duly filled out by you and submitted with your current employer.

PF can only be withdrawn if, after quitting your job, you have remained unemployed for 3 months. Otherwise, it always gets transferred to the new employer.

Hence, fill out Form 13 and get it transferred from your old employer to your new employer.

Regards, Nilendra

Dear Friend,

No ex-employer can deny the withdrawal of PF contributions of their ex-employee. If he says so, either he is not aware of the PF Rules or he must not have contributed PF contributions of your share and the employer's share, which leads to criminal prosecution of the employers. Please check with the PF Authorities whether the amount has been deposited into your account or not. I believe any employer should show in the pay slip the amount of PF deducted from your salary, and the same sum should be contributed by the employer. This is the law. If your ex-employer is denying for some other reason, it is not justified on his part.

However, you can inquire with the PF authorities and submit Form T 1 (Old Form No: 19) for the withdrawal of PF amount. This form needs to be signed by your ex-employer; otherwise, you have two options. 1) You may get the form attested by a Govt. Gazetted Officer, or 2) take the form to the concerned Regional PF Office and get it attested by providing all proofs.

Hope this helps.

Old Form No: New Form No: Submitted for

Form 19 Form - T 1 PF Settlement Form

Form 10C Form - TA 2 Pension Settlement Form

Form 19 & 10C Form - T 3 Death Claims

Form 13 HR Form - T 4 PF Transfer Form

Form 31 Form - TA 1 Advances (Loans)

With regards,

Yagniah. K

Dear Yagniah and Ruhina,

Pl find below the provisions for withdrawl of PF

Withdrawl from PF account is limited to 50% of your own contribution after completion of 5 years of service.

Other provisions for the same is as follows:

(A) Member is entitled to withdraw full amount:

On attaining the age of 55 years at the time of termination of service.

On retirement on account of permanent and total disablement due to bodily or mental infirmity.

On migration from India for permanent settlement abroad or for taking employment abroad

In case of mass or individual retrenchment

(B) A member can withdraw up to 90% of the amount of Provident Fund at credit after attaining the age of 54 years or within one year before actual retirement on superannuating whichever is later.

Partial Withdrawal/Advances

A member of Provident Fund is allowed non-refundable advance for the following contingencies:

For acquiring dwelling site or house

Advances in special cases such as lockout in factory/establishment for a period more than two months

Where a member has challenged the retrenchment/dismissal by the employer in a court of law

For treatment of illness

For marriages or post matriculation education of the children

Under abnormal conditions such as damage to movable or immovable property by calamity of exceptional nature

Financing of member's Life Insurance Policy

Regards,

Nilendra

Hello,

Can anyone tell me if I can withdraw full/part or consume any advance towards PF accumulated in my account? I have been working with an MNC for about 4.3 years and need to withdraw some amount to support my sister's marriage. Is it possible?

Thanks,
Raghu

Hello,

I am not a complete HR person, but as far as I know, I have changed companies twice till now, and I have easily withdrawn the PF from both organizations. So I think even you can go ahead; it is your contributed money, and you deserve it back.

Thanks & Regards,
Deena