Struggling to Transfer EPS from HCL Trust to My Second Company: Need Help with the Process

Hi, I have worked in three companies:

1) HCL
2) My second company
3) My third company (latest one)

I joined HCL in January 2014. Then I joined my second company in January 2021.

When I joined my second company, I did not transfer my PF from my first company, HCL, to the second company. After some time, I left my second company. Then, after leaving my second company, I withdrew my PF (only PF, not EPS amount) from HCL.

After some time, I joined my third company. Now, when I am transferring my PF from my second company to the third company (latest), it is getting rejected due to the following reason:

"Member monthly wages are more than 15000/- but the EPS amount is wrongly deducted by the ESTT."

This may be due to the fact that I did not transfer my PF from HCL to my second company; therefore, the EPS account creation date is taken as January 2021, i.e., after 1st September 2014.

Now, I was suggested to transfer/merge my EPS amount from HCL to my second company.

My Query:

My query is that HCL PF and EPS are maintained by the HCL trust (it is an exempted entity). Now, how do I transfer EPS from the HCL trust to my second company when the HCL trust does not entertain any query?

And by using which form?

Thanks

Understanding EPS and PF Transfers

This is, in my opinion, a very complicated case. First of all, EPS of HCL was not in HCL Trust. To the best of my knowledge, there is no exemption of EPS for any organization in India. Therefore, the EPS amount is with EPFO authority. Exemption is only for the PF, and the PF amount is maintained by the Trust, not the EPS amount.

You have already withdrawn the PF amount from the HCL Trust but not the EPS amount from EPFO. What was your declaration in FORM-11 at your 2nd organization & 3rd organization? If you have mentioned that you were a member of the PF trust and at the same time you have withdrawn your PF amount, then it is a crime. If it is otherwise, then you should have withdrawn the EPS amount from EPFO also.

Possible Solutions for EPS Withdrawal

One solution may be to withdraw the EPS amount of HCL from EPFO if possible. Your status to EPFO should reflect that you are a new employee with PF gross more than 15,000/- per month and thus not eligible for EPS.

The other solution may be that your 3rd organization will deposit the entire amount to the PF account only instead of some portion to EPS and write a letter to EPFO to transfer your EPS amount to your PF Account. It would be better if you visit the local EPFO office and discuss with the PRO to find some other solution.

Regards, S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To Strive towards excellence with effort and integrity

EPS Continuation and Scheme Certificate

If your second organization has also deposited EPS, and your third organization is continuing to deposit EPS, you may contact EPFO to get a scheme certificate for the HCL service period. This would signify a continuation of EPS membership.

HCL Trustee has nothing to do with this. Only EPFO authority can resolve this matter. It would be best for you to contact the EPFO authority.

S K Bandyopadhyay (WB, Howrah)

Hi Rajinder, I am in the same situation as you, and I have also been asked to submit Form 13 for EPS transfer. Can you help me with which form you submitted, as Form 13 is typically for EPF transfer, not EPS? Did you use your HCL UAN number or your current one? If you raised an offline Form 13 for EPS transfer, which address did you use?

Address Options:
Address: 15501, Bhavishyanidhi Bhawan, Plot No. 43, Sector 44, Institutional Area, Gurgaon 122002, Haryana OR HCL establishment address: PF Department, 2nd Floor, ODC 6, Tower 3, Sec-126, Noida-201304