Why Am I Denied a Higher Pension Despite Contributions on Actual Salary Since 2008?

pankaj-gandhi1
Good Morning. This is regarding Pension on Higher Wages (PHW):

1. I have been working with the company since May 1997.
2. PF has been applicable to the company since the inception of the establishment.
3. Till March 2007, my salary was less than the wage ceiling under the act, i.e., Rs. 6,500 per month, and PF was deducted accordingly from my salary, with the company also paying a matching contribution.
4. Starting from April 2007, my salary exceeded the wage ceiling under the act, i.e., Rs. 6,500. However, PF deductions were restricted to the wage ceiling from my salary, with the company continuing to pay a matching contribution.
5. Since April 2008, both employee and employer contributions have been based on the actual salary without opting otherwise, even though the salary exceeded the prevalent wage ceiling. Pension contributions in this case are still being paid based on the prevalent wage ceiling.
6. Following the latest judgment of the Honorable Supreme Court dated 04/11/2022 on this matter, I applied for the validation of a joint option for a pension on higher wages online before the deadline.
7. Subsequent to the online application, the department requested additional details/proof of remittances, which I promptly submitted.

Upon review of the documents, the Department orally denied the request, citing that as per para 11(3) of the scheme, I am not eligible for a higher pension since the contribution was not paid when the salary exceeded the wage ceiling in April 2007.

My question is, why am I not eligible for a higher pension from April 2008 onwards, considering both employee and employer contributions have been based on the actual salary since then, even though the salary was above the prevailing wage ceiling?
CiteHR.AI
Based on the legal provisions of para 11(3) of the scheme, the denial of a higher pension from April 2008 onwards is due to the requirement that the contribution should have been paid when the salary exceeded the wage ceiling in April 2007. Despite subsequent contributions being based on the actual salary, the initial failure to contribute when the salary first exceeded the wage ceiling is likely the reason for the denial. To address this issue, you may need to explore options for rectifying the past contribution shortfall or seek further clarification from the department on any potential remedies available. It would be advisable to consult with a legal expert specializing in labor laws to understand the specific implications and potential courses of action in this situation.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute