Legal Heir in Case of Multiple Marriages
In case an employee had two wives (unknown to the current employer) and during his employment, he passed away, who should be the legal heir when applying for a pension under EPS? Should it be the first wife or the second? To add to this, assume both marriages are registered under the relevant statute, and both wives have two children below 25 years of age. Both of them are willing to make the claim.
In such a scenario, what should the employer do?
Regards
From India, Rohtak
Acknowledge(0)
Amend(0)
15In case an employee had two wives (unknown to the current employer) and during his employment, he passed away, who should be the legal heir when applying for a pension under EPS? Should it be the first wife or the second? To add to this, assume both marriages are registered under the relevant statute, and both wives have two children below 25 years of age. Both of them are willing to make the claim.
In such a scenario, what should the employer do?
Regards
From India, Rohtak
Acknowledge(0)Amend(0)
In this case, his legitimate wife shall be eligible for a pension. Naturally, that will be one can't to two at the same time in this case. The legal heir shall be whoever is valid in the eye of the law and shall be the final heir.
Regards,
P. K. Mishra
From India
Acknowledge(0)Amend(0)
Regards,
P. K. Mishra
From India
Acknowledge(0)Amend(0)
According to me, the wife who is a legal heir will get the benefit. In the case of Muslims, there is a provision for up to four wives as per Muslim law. If that is the case, each wife will get an equal share. 樂
Sirs, please correct me if I am wrong.
From India, Hyderabad
Acknowledge(0)Amend(0)
Sirs, please correct me if I am wrong.
From India, Hyderabad
Acknowledge(0)Amend(0)
First, clarify the situation. Is the deceased a member of the Muslim community, or another faith? In India, government employees are prohibited from having more than one living wife, even for Muslims.
If there is anyone in your company who married first (whether registered or not), they will be considered the legal heir, and the second marriage will be deemed illegitimate. Therefore, the second wife is not eligible for any claims. Only the first wife is entitled to all settlements of the deceased employee.
Please check the deceased's personal insurance policy or bank account for the correct nomination details if your company does not maintain nomination records for employees in the HR department.
Thank you.
From India, Kumbakonam
Acknowledge(0)Amend(0)
If there is anyone in your company who married first (whether registered or not), they will be considered the legal heir, and the second marriage will be deemed illegitimate. Therefore, the second wife is not eligible for any claims. Only the first wife is entitled to all settlements of the deceased employee.
Please check the deceased's personal insurance policy or bank account for the correct nomination details if your company does not maintain nomination records for employees in the HR department.
Thank you.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear All,
Mr. Bhaskar pointed out correctly. Here, I am reproducing the section and notes dealing with this matter for the benefit of the members:
Benefits to the Family on the Death of a Member
(1) Pension to the family shall be admissible from the date following the date of death of the member if the member dies:
(a) While in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund, or
(b) After the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members' pension but before the commencement of pension payment, or
(c) After commencement of payment of the monthly members' pension.
Note: The cases where a member has rendered less than 10 years of eligible service on the date of exit but has retained the membership of the Pension Fund and dies before attaining the age of 58 years shall be regulated under sub-paragraph (8) of paragraph 12.
(2) (a) The monthly widow pension shall be:
(i) In the cases covered by clause (a) of sub-paragraph (1), equal to the monthly members' pension which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table "C," whichever is more.
(ii) In the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members' pension which would have been admissible as if the member had retired on the date of exit or Rs. 450 per month or the amount indicated in Table "C," whichever is more.
(iii) In the cases covered by clause (c) of sub-paragraph (1), equal to 50 percent of the monthly members' pension payable to the member on the date of his death subject to a minimum of Rs. 450 per month.
(iv) In all cases where the amount of family pension sanctioned under the ceased Family Pension Scheme, 1971, and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month.
(b) The monthly widow pension shall be payable up to the date of death of the widow or re-marriage, whichever is earlier.
Note: In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death, it shall be payable to the next surviving widow, if any. The term "eldest" would mean seniority with reference to the date of marriage.
Please go through the last paragraph to learn more about the case of two widows.
Dear Boss, just imagine a case like this:
First Wife Age 50
Second Wife Age 52
Here, the first wife will get the pension, and on her death, the second wife will get it. The first wife, though she is younger, because of the seniority in her marriage, is eligible for the pension.
Regards,
S. Sethupathy
Excellent HR Services
Erode.
From India, Selam
Acknowledge(2)
Amend(0)
Mr. Bhaskar pointed out correctly. Here, I am reproducing the section and notes dealing with this matter for the benefit of the members:
Benefits to the Family on the Death of a Member
(1) Pension to the family shall be admissible from the date following the date of death of the member if the member dies:
(a) While in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund, or
(b) After the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members' pension but before the commencement of pension payment, or
(c) After commencement of payment of the monthly members' pension.
Note: The cases where a member has rendered less than 10 years of eligible service on the date of exit but has retained the membership of the Pension Fund and dies before attaining the age of 58 years shall be regulated under sub-paragraph (8) of paragraph 12.
(2) (a) The monthly widow pension shall be:
(i) In the cases covered by clause (a) of sub-paragraph (1), equal to the monthly members' pension which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table "C," whichever is more.
(ii) In the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members' pension which would have been admissible as if the member had retired on the date of exit or Rs. 450 per month or the amount indicated in Table "C," whichever is more.
(iii) In the cases covered by clause (c) of sub-paragraph (1), equal to 50 percent of the monthly members' pension payable to the member on the date of his death subject to a minimum of Rs. 450 per month.
(iv) In all cases where the amount of family pension sanctioned under the ceased Family Pension Scheme, 1971, and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month.
(b) The monthly widow pension shall be payable up to the date of death of the widow or re-marriage, whichever is earlier.
Note: In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death, it shall be payable to the next surviving widow, if any. The term "eldest" would mean seniority with reference to the date of marriage.
Please go through the last paragraph to learn more about the case of two widows.
Dear Boss, just imagine a case like this:
First Wife Age 50
Second Wife Age 52
Here, the first wife will get the pension, and on her death, the second wife will get it. The first wife, though she is younger, because of the seniority in her marriage, is eligible for the pension.
Regards,
S. Sethupathy
Excellent HR Services
Erode.
From India, Selam
Acknowledge(2)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Nominee vs legal heir.pdf
EPF Pension.xls