Married and Want to Nominate Your Mother for EPF/ESIC/Gratuity? Is It Legal?

Suppose I'm married, but in my EPF/ESIC/Gratuity, my nomination is only my mother. Is that legal or not as per EPF/ESIC/Gratuity rules?

After marriage, regardless of any previous nominations, the spouse will become the legal heir. Consequently, after marriage, the spouse, children, or dependent mother can claim statutory benefits and distribute them among themselves.

Reference to PF Nomination Form-2

It clearly states, "Certified that I have no family as defined in Para 2(g) of the Employee's Provident Fund Scheme, 1952, and should I acquire a family hereafter, the above nomination should be deemed as cancelled."

Nomination Rules for EPF, Pension Fund, and Gratuity

Under EPF, even though we can nominate a father or mother to receive PF accumulations, under the Pension Fund, the nomination is restricted to a spouse and children. In the case of a member who does not have a family, a separate declaration is required stating that once they acquire a family, a fresh nomination shall be made. This clarifies that a nominee refers to a spouse, not a mother or a father. After an employee's marriage, we collect a fresh nomination to prevent future complications. Form F (nomination under the Payment of Gratuity Act) is also collected to ensure the spouse is eligible to receive benefits. Section 2(h) of the Payment of Gratuity Act specifies that the spouse and children are the primary nominees, although dependent parents can also be nominated.

Similarly, under ESI, the situation remains consistent. Therefore, it is advisable for HR to promptly collect fresh nominations after an employee's marriage to avoid confusion in the future.