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jeeni
12

Dear All,

I came across a situation where I require your help. In my company, there is an employee who had nominated his mother a long time ago. However, as time passed, he got married but did not change his nominee. Today, he has approached us asking to change his nominee in the PF.

To the best of my knowledge, when a person gets married, their nomination is automatically canceled, and they must apply for a fresh nomination. Do we need to provide all the forms again to the employee for a fresh nomination, or will it automatically take place?

Additionally, our employee is faced with a situation where his father did not nominate anyone in his PF, and due to his sudden demise, everyone is claiming for money. What should we do in this case? Please suggest the precautionary measures we should take if an employee gets married.

Your prompt responses would be greatly appreciated.

Regards,
Ranjeet

From India, New Delhi
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It may happen that while becoming a member of PF for the first time, he may not have 'family' or might have put his mother as the nominee. Once he gets married, he has to change the nominee, for which he has to submit Form 2 (revised). As an HR person, you may ensure that every employee has filled in Form 2 and nominated his spouse and children.

Any change in the family due to childbirth shall also be communicated with the due submission of Form 2. In the case of the Provident Fund, the nominee may include dependent parents provided the member is unmarried. For the Pension scheme, nomination is restricted only to the spouse and children.

Regards,
Madhu.T.K

From India, Kannur
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jeeni
12

Dear Mr. Madhu,

Now, I will do that, but it is compulsory that one has to make their children a nominee as well. He cannot make only his wife a nominee.

If a newly birth takes place in an employee's family, it is necessary that he fills out those forms every time.

Please also provide your advice on the case mentioned below.

Regards,
Ranjeet

From India, New Delhi
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It is always advisable to include all the family members names in the nomination form. It will also be reflected in the scheme certificate, if taken while leaving employment. Regards, Madhu.T.K
From India, Kannur
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jeeni
12

Dear Sir,

Please answer my second query as well. In case of a disputed matter, is it possible to withdraw the same amount by writing directly to the PF Commissioner? I have encountered a situation where the employer is not submitting the PF withdrawal form to the Fund Office. If there are no dues on the employee, what is the procedure to be followed to withdraw the amount? I have also come across some provisions in the PF Act stating that in certain factory cases, the same can be refunded or taken in installments. Please suggest.

Regards,
Ranjeet

From India, New Delhi
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To get regular pension monthly salary how many years we should be employed. Like the pension salary received by government employees

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jeeni
12

I have a query that if it is at the discretion of the employer to give money beyond the 6500 limit, is it also applicable to employees with higher salaries to be exempted from the same deduction?

Regards,
Ranjeet

From India, New Delhi
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Dear,

In this case, as our senior said, not every employee has submitted their nomination in Form 2D revised. In the case that the person is unmarried, their dependent parents are the nominee. Once they get married, their spouse becomes the nominee, and even their children can be nominees. However, each time, the employee has to notify the PF department through Form 2D revised.

Regarding pension, an employee can claim their pension once they complete 10 years of continuous service and reach 58 years of age. If the employee is no longer alive, their widow can claim the pension immediately after their death, and the children can also claim the pension, but only up to 25 years.

Lastly, the company cannot stop anyone's PF, nor does it have any influence on it. To withdraw PF, you are required to submit Form 19 & 10C along with the company authorized official's signature. In the case where the company is not in existence, the signature of a gazetted officer can suffice.

Seniors, if I am wrong, please rectify.

Regards,
Sunil


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Where any dispute arises regarding PF settlement, the same can be referred to the Asst. Provident Fund Commissioner for redressal. The PF authorities will issue necessary orders to the employer in this respect. It is only up to the employer to contribute to PF for an amount above Rs. 6500. If the employer is ready for such a contribution on a salary over and above Rs. 6500, he can do so. Similarly, if the employer wants to restrict his contribution to a salary of Rs. 6500, he can do so, and the employee cannot ask for a higher contribution from the employer.

An employee already covered will continue to be covered so long as he is within the employment. However, a new employee with a salary of more than Rs. 6500 (Basic + DA only) shall be exempted from coverage.

Regards,
Madhu.T.K

From India, Kannur
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