PF Transfer Issue Due to EPS Contribution - mentioned 'NO' in the form-11

I joined Company A as my first employer, where I worked for three months. During my tenure with Company A, contributions were made towards both my PF and EPS accounts. But I'm only aware of PF, not EPS.

Subsequently, I joined Company B where I indicated "No" for EPS membership during the onboarding process as I'm not aware of EPS, under the impression that only PF contributions were applicable.

Now, I have joined a new Company C, and I have correctly indicated "Yes" for EPS membership. However, upon attempting to transfer my PF from Company B to my current Company C, the transfer was rejected citing the reason that EPS contributions were not remitted by Company B.

I visited the EPFO office, and there they told me that after Company B contributed to the EPS, only then could they transfer the PF amount to the current Company C. The EPF grievance officer also informed me to check with Company B for the solution.

I have checked with Company B, and they are saying, "Since you have mentioned 'NO' in the form-11, we have treated you as a non-EPS member."

What can I do now? Please help me with this.

As far as Company B is concerned, they are right. You only declared that you were not a member of the Pension Fund. Had you given a "Yes," they would have contributed to the Pension Fund also. Now it is to be reconciled by Company B. They need not contribute anything extra, but just have to bifurcate their contribution, like 8.33% to the Pension Fund and 3.67% to PF. Or you have to ask the PF authorities to do it. They can do it very easily because this is only a technical error. But they will not do it because they are not employee-friendly nowadays. You can try to get it done by sending a letter explaining everything, marking a copy to Company B.

If you had joined later than September 2014, and if your PF qualifying/contributing salary (not the Gross salary but the salary on which PF was deducted) was not more than Rs 15,000, then Company A should also be asked to give an explanation, and hence it should be marked to them also. If the EPFO does not do it, you should approach the Court and plead to give a direction to EPFO to get it corrected.

Hi Brinith,

Madhu Sir is right. You will have to contact your Company B to divert the PF shared, which was erroneously deposited in the PF account instead of the Pension Account based on your Form 11 declaration. Employer B has to submit old Form 3A, joint declaration, establishment covering letter, establishment regarding responsibility of overpayment if any, and Form 11.

Once the rectification is done by the PF office associate with your Company B, you can submit Form 13.

Hi Madhu,

Thank you for your valuable suggestions.

I have visited the EPFO office and checked with the concerned person. He said there are 2 options:

1. I have requested Current Employer C to remove the EPS contributions and add them to the PF only. He mentioned that I don't have to use EPS anymore in the future for him to accept my transfer request.

2. He suggested checking with Company B for the EPS contribution. I have chosen 'NO' for the EPS member. If they accept, you can provide the details along with a penalty for the EPS contribution.

Then, I checked with Current Employee C. He said they can't merge the EPS into the PF and advised me to check with Company B. You mentioned 'NO' for the EPS member, but Company B should cross-verify the details. Therefore, you can ask them for a solution.