Retirement Date Mix-Up: How Can We Resolve a Delayed Pension Issue After 2 Years?

A company worker has retired, but the HR person could not find the retirement date, and the person worked an excess of 45 days. Now, all documents have been submitted to the PF Office, but the PF Office is not ready to start the pension for this person based on the excess work. Two years have been completed.

To whom should this be shared, and how can we resolve it?

EPF and MP Act Contribution Rules After 58 Years

There is no rule under the EPF and MP Act that if an employee continues in service after 58 years, no contribution should be paid. It is true that after 58 years, the employer should not contribute to the Pension Fund, but the entire contribution of 12% payable by the employer should be paid exclusively to the PF account without bifurcating it to 8.33% to the Pension Fund and 3.67% to the PF. If you have done so, it can easily be diverted to his PF account. The EPF Organisation can do it very easily upon receiving a request from the employer that erroneously you have contributed to the Pension Fund. However, they may not do it willingly, as their priority often seems to be to reject the claims of the members, similar to any private insurance company.

Approaching the EPFO for Correction

Anyway, you can approach the EPFO by writing a letter stating that in respect of employee X, whose age crossed 58 on [date], contributions continued to PF and PS due to oversight. The details should be shown in the letter, including salary, contributions made to PF and PS, and request the EPFO to divert the excess amount paid to PS to PF and reconcile the account. If they do not comply, you can file a case against the EPFO.