Can I Legally Challenge My Superannuation Denial After Changing Jobs? Seeking Expert Advice

Superannuation Benefit Eligibility Inquiry

I have worked in a multinational company from 4th March 1988 to 30th October 1998 and again in a related company from 4th March 1999 to 24th December 2002.

In the first company, I came under the superannuation scheme from 1st May 1991, and in the second company from the date of joining. I am requesting both companies to arrange for the release of my superannuation benefit as I have attained my superannuation age. However, both companies are informing me that I am not eligible for the benefit due to not meeting one of the following criteria:

1. I have not retired from that company or worked for 15 years in the same company.
2. I have not attained 45 years of age at the time of changing jobs from the first company to the second company.

I request the views of experts in this area on whether I can legally challenge the refusal.

Dear Mr. Chandra,

Please mail the terms and conditions of the Superannuation Scheme of which you were a member. Have you worked in two companies of a group or two different entities? Is the Superannuation Fund maintained by the company or a trust? What was the contribution made to the Superannuation Fund?

You have stated that you quit your job in December 2002. What actions have you initiated from 2003 until now? Please verify your records once again. Check with your ex-colleagues and revert.

Thank you.

Dear Mr. Srinath Sai Ram, I have worked in two different entities of the same group. They are separately registered under two different names as they manufacture different products. The Superannuation Fund was maintained by the Company Trust in both cases. The contribution was 15% of the basic salary in the first company and 13% in the second company. From 2003/04 onwards, the two companies merged and formed one entity with the headquarters at Gurgaon. I sent letters to request the transfer of benefits to the new employee in 2004-05. I followed up with them via email from 2008, and the response I received was that I am not eligible due to not meeting the various criteria set by the Trust. I was not shown the rules or informed about the rules at any point during my tenure.

Since this is a part of my appointment letter/revision of benefit letter, I have considered it as a part of my CTC. Recently, I have once again sent an email on the subject to the company. Please inform me if further information is required.

Thanks & Regards,
S Chandrasekaran

Dear Mr. Chandrasekaran,

You have stated that the Superannuation Fund is maintained by a Trust for both companies in which you were employed. In your first employment, the contribution was at 15% of the basic salary. In your second employment, the contribution was at 13% of the basic salary.

You have also mentioned that you have already received a response stating that you are not eligible due to not meeting the various criteria set by the Trust. What are these criteria? Do you have any documents to show that you are eligible for the Superannuation Fund, such as an appointment letter or a revision of benefits letter?

Furthermore, you should correspond in writing with the Trustees, not through email. Please conduct due diligence and find out whether you are eligible for the Superannuation Fund. If so, take up the matter with the Trustees. I presume that since you have already received a reply stating that you are not eligible, it will be a futile exercise. Nevertheless, please pursue the matter. Have you checked with your ex-colleagues regarding eligibility for the SAF?

Thank you.

Dear Srinath Sai Ram, I have received an appointment letter and a change of terms letter confirming that I am entitled to the Superannuation Benefit as per Trust Rules (Trust Rules were never shared with me or any of my colleagues). Some of my colleagues who have retired from the organization have received their benefits.

Reasons for Rejection

The reasons given to me for rejection are as follows:
1. A minimum of 15 years of service or retirement from the organization is required.
2. Transfer of funds to the new company's Superannuation Fund is allowed only upon fulfilling the following criteria:
a. Minimum service of 5 years.
b. Minimum age of 45 at the time of resigning from the company.
c. The new company I have joined must have a CIT-recognized Superannuation Trust Fund.

The reasons for rejection given to me are as follows: I have met the first point. Regarding the second point, I have only met one criterion, i.e., I was a member of the Trust for 7 years.

My Queries

1. How can the company reject my rights when they have specified them in my appointment letter/change of terms letter, which is a part of my CTC?
2. The company has benefited from the Tax Benefits available for this Fund and is now rejecting it.

Can I take this up legally?

Thanks & Regards,
S Chandrasekaran

Dear Mr. Chandrasekaran,

The vital document for assessing your claim is the "Superannuation Fund Rules," which you may obtain from the Trustees.

What is included in the appointment letter?

A change of terms letter confirming that I am entitled to the Superannuation Benefit as per Trust Rules - Obtain the rules and find out your eligibility.

From the information furnished by you, I am unable to determine your eligibility. Please note that your company has no involvement with the Superannuation Fund. The Trust may have rejected your claim for valid reasons. You can pursue this legally but ensure you have complete information and relevant documentary evidence.

How is it that after a lapse of 10 years, you are considering legal action?

Proceed after conducting due diligence.

Thank you.

Dear Mr. Chandra,

From your post, I need to know the following:

1. Your job status between the period of 31st October 1998 to 3rd March 1999.
2. Whether you have written to the trust requesting the terms and conditions of the superannuation scheme.
3. Whether you tried to confirm from your colleagues who have received benefits about the insurance agency assigned for superannuation, the policy name, and then approach the insurer directly.