Supreme Court's EPF Pension Ruling: Can Retirees Now Contribute 8.33% Without Limits?

Recently, the Supreme Court has given a decision in favor of employees for EPF pension hike, around 10 times. Now, can we contribute 8.33% towards EPF pension without any ceiling? Those who have recently retired can get this revised pension after paying the difference in contribution.

Referring to the Supreme Court decision which has opened the gateway for many covered employees in EPFO and entitled them to an EPS raised bar based on the amendment in the EPS Act in 1996. Yes, you can file your case with EPFO by contributing the difference in the amount payable. It is conditioned that those who were members of the scheme before August 2014, as the government amended the EPF act and deleted the provision that allowed employees to make a higher contribution and draw a pension based on their full salary.

So, check your joining date in EPS accordingly and file the case.

Hi Harpreet,

I have been a member of this scheme since 1993. I understand that I am eligible to avail of this scheme. Please let me know the formalities to avail this benefit and how to calculate the difference amount to be paid now and what would be the pension amount that I would receive after my retirement.

Regards,
Ravi Warrier

Hi Ravi,

Just submit a request letter to the PF office, stating that you are referring to the Supreme Court judgment. You want to contribute to your EPS based on your full salary, providing your complete details along with your PF and UAN numbers. They will update you with the details of the additional amount to be submitted. Also, attach the document as circulated in this message.

The relevant circular issued by the PF Department in this regard in March 2017 is attached.

Thanks

Dear P C Agrawal, B.Com., LL.B., CAIIB, FCS,

I would be obliged if you could share the PF Circular dated 31-05-17 on the subject pertaining to Exempted Establishments, or guide me on where I can obtain it. If I am not mistaken, the said PF Circular was annulled before various high courts, ultimately upheld by the Apex Court.

Kindly revert.

Regards

Eligibility for Enhanced Pension for Retirees Before August 2014

Does it mean that retirees who retired anytime before August 2014 and who had enrolled before August 2014 can submit an application to EPFO? Will EPFO calculate the difference amount to be paid on full salary, inform the pensioner, and pay the enhanced pension less the already received pension with retrospective effect? Will they deduct the difference from the enhanced pension and pay the balance or request the balance to be paid?

Enhanced Pension for Retirees from 2007

I retired in February 2007. Will I receive the enhanced pension from 2007 if I pay the contribution difference? Do I need to pay the difference upfront, or will EPFO deduct the due amount from the enhanced pension arrears and pay me the balance, or request the difference to be paid if it exceeds the enhanced pension amount?

I am considering not paying a substantial amount when EPFO will owe me more or nearly the same amount.

Dear Sir,

Kindly refer to the report published in The Economic Times Wealth, dated November 27-December 3, 2017. The links are provided below:

- https://economictimes.indiatimes.com/wealth/invest/can-you-also-get-a-manifold-hike-in-lifetime-pension-from-epfo-find-out/articleshow/61791855.cms?edition=722
- https://www.relakhs.com/higher-eps-pension-supreme-court-order/

Regards,

Dear P C Agrawal,

B.Com., LL.B., CAIIB, FCS,

Thank you for the response, Without Prejudice. I had requested you to share the PF Circular dated 31.05.2017 issued by EPFO regarding Exempted Entities not eligible for a higher PF Pension. This led to the filing of a writ petition in various High Courts by Employees of Exempted Trust, which was upheld by the Apex Court in favor of the Exempted Entity employees.

Inadvertently, your Honor sent me two links. I kindly request you to share the Circular.

Regards,

Please refer to the circular: http://www.epfindia.com/site_docs/PD...dment_4432.pdf

Regards,

Dear Agrawal Sir,

Sorry to interrupt you. I will remain indebted to you if you could share the link where I can download PF circulars issued by EPFO - New Delhi.

Kindly revert.

Please refer to the link:
[EPFO || Circulars](http://www.epfindia.com/site_en/circulars.php?id=sm7_officeUse)

Dear Mr. Agrawal,

I left my job in Dec. 2013 and received a pension certificate for Rs. 6500. I served for 13 years with EPF being deducted at Rs. 20,000 per month. Could you please guide me on the amount I need to pay for an enhanced pension? I will turn 58 years old in June 2018. Also, could you inform me about the pension amount I will receive after the enhancement?

Would it be advisable to pay the difference amount to secure the full pension?

Looking forward to your reply.

Regards,
Rajesh Chandra Lal

Mr. Agarwal,

Good morning.

My friend is working in a semi-government organization and has been in service for 32 years as a Head Assistant. However, after retirement, her pension has been calculated at Rs. 2880 per month. Could you please explain the calculation? Also, I would like to know what the minimum and maximum pension amounts are for the EPF scheme.

Kindly provide me with the necessary information.

Sreejesh Kumar B
09436080613

Is it possible to apply for a higher pension with EPFO for employees who are still working? If yes, please inform me about the formalities and procedures.

I will be retiring in July 2019, and before that, I would like to apply for a higher pension. I am ready to pay the arrears of contribution at 8.33% of my basic salary to secure a higher pension.

Thank you and best regards,
Raaman

Mr. Agarwal,

Good afternoon. I have served 33 years in a deemed university (Gitam, Visakhapatnam). I retired on 31st March 2018. However, after retirement, my pension is calculated at Rs. 3020 per month. Could you please explain the calculation? Also, I would like to inquire about the minimum and maximum pension under the EPF scheme. Am I eligible for a higher pension scheme, and should I come under EPS?

Kindly provide me with the necessary information.

Thank you,
V. Chiranjeevi Narasimham
#9490567577

Dear All,

I need a small clarification. I have been in service since 1995 and have not withdrawn my PF contribution since 1996. I have another 13 years of service remaining. Am I eligible for a higher pension contribution? Can I contribute to the same? What is the procedure for this?

Thanks in advance,
Sambhav Joshi

I have gone through the same and understand that what the Honorable Supreme Court means to convey is that besides Basic and DA, any other component of salary and wages which is fixed in nature will be considered as salary and wages. Other variable factors of salary will not come under this definition of wages and salary.

So, if a company is supposed to be giving Basic, HRA, Conveyance Allowance, Washing Allowance, and Other Allowance as salary/wages components, but all components are fixed, EPF will be considered on the gross salary (including HRA).

Regards

Dear Sir, I left my job in June 2014 after working for 32 years (DOJ June 1982) in a company managing PF in their own trust at the age of 54. After that, I have worked in companies, but no PF deductions were made anywhere. Please guide:

1. What amount do I need to pay for enhanced pension? I completed 58 years in June 2018. How much pension amount will I get after enhancement considering my pay at the time of leaving the job was Rs 50,000/- p.m.?

2. Will it be wise to pay the difference amount to get full pension?

3. What is the benefit if I delay in withdrawing my FPS?

FYI, I have not withdrawn my PF and neither applied for my FPS till date.

Regards, Chunnu [Phone Number Removed For Privacy-Reasons]