Can Retired and Current Employees Claim Higher Pension Under EPS 1995 After Supreme Court Ruling?

Eligibility for Higher Pension Under EPS 1995

An employee was a member of EPS 1995 before 1.9.2014 and retired from service in 2022. He never contributed to the provident fund on actual salary, i.e., over and above the statutory limit of salary under the EPF. Now, can he apply to PF to deduct contributions on actual salary for the previous service period to receive a higher pension as per Section 11(4) of the Employees' Pension Scheme 1995, on which judgment was given by the Honorable Supreme Court on 4.11.2022?

Eligibility for Current Employees

Secondly, an employee was a member of EPS 1995 before 1.9.2014 and is still in service, never contributed to the provident fund on actual salary, i.e., over and above the statutory limit of salary under the EPF. Is he eligible to apply for a higher pension as per Section 11(4) of the Employees' Pension Scheme 1995, on which judgment was given by the Honorable Supreme Court on 4.11.2022?

Please clarify.

You cannot contribute on actual salary retrospectively. When the EPF Organisation is conducting extensive research to avoid the payment of higher pensions by passing the Supreme Court verdict, they will not permit you to contribute on a back date.

Moreover, the basic eligibility for a higher pension is a contribution on a salary higher than Rs 15,000 as of 1st September 2014. Since you have not contributed based on your actual salary on that date, you do not qualify to receive the higher pension.

You are not eligible to pay the higher PF contribution retrospectively. One of the conditions to claim a higher pension is only for those employees who have been contributing on their full salary and not as per the statutory limit (The statutory limit was Rs. 5,000/- up to 2006, Rs. 6,500/- up to 01.09.2014, and Rs. 15,000/- after 01.09.2014 till date).