Hi, please help me with the following queries. I have worked with an organization for 6 years where I was entitled to both EPF and EPS. I have two PF numbers as this resulted from a change in the company name, and the PF transfer could not be done while I was in service with this organization. Recently, I quit this company and joined another company where PF is handled by a Trust. While providing the declaration (PF declaration form -11), I wrongly interpreted the column ("WHETHER EARLIER A MEMBER OF THE EMPLOYEES’ PENSION SCHEME, 1995?") and chose "NO" as my answer, but this should have been "YES" since I was part of EPS in my previous company. Here are my questions.
1. I approached my current organization for modifying the declaration form, but it was denied as it could cause a compliance issue. Is there any workaround to have this changed?
2. Due to the absence of an EPS account, how do I go about transferring my previous company's EPF/EPS contributions?
3. Can I transfer ONLY my EPF from my previous company and withdraw EPS as there is no EPS account in my present company to which I can transfer?
4. I have given the same UAN number; hence withdrawal may not be feasible. Can I approach the PF office to withdraw, considering this as a special case scenario?
5. Can we transfer both EPF and EPS from the previous company to the EPF account of the present employer?
Please help me with this.
Thanks
From India, Bengaluru
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11. I approached my current organization for modifying the declaration form, but it was denied as it could cause a compliance issue. Is there any workaround to have this changed?
2. Due to the absence of an EPS account, how do I go about transferring my previous company's EPF/EPS contributions?
3. Can I transfer ONLY my EPF from my previous company and withdraw EPS as there is no EPS account in my present company to which I can transfer?
4. I have given the same UAN number; hence withdrawal may not be feasible. Can I approach the PF office to withdraw, considering this as a special case scenario?
5. Can we transfer both EPF and EPS from the previous company to the EPF account of the present employer?
Please help me with this.
Thanks
From India, Bengaluru
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Incorrect Stand on EPS Opt-Out
Your current organization appears to have taken an incorrect stand. For all post-1973 EPF members, there is no option to opt out of EPS, and you could not be a pre-1973 appointee still in service. There is no prescribed time period for continuance in EPS, especially after the clarification given in the Supreme Court judgment in the RC Gupta matter. The longer the time period that has lapsed after the error was committed, the longer it will take to resolve the matter.
PF Transfer and EPS Continuance
The transfer of PF is not affected by your continuance or discontinuance of EPS. From the PF contributed by your employer, 8.33% goes to EPS maintained by the local PF Office, and it must continue to do so even after you have joined the EPF Trust. The Trust controls only your PF accumulation, and the EPS must continue with EPFO. In the absence of EPS going to EPFO, the entire employer contribution also goes to your PF accumulation. Please verify this. Now, they have to reverse the entry and apportion 8.33% of the wages from the employer contribution into the EPS account and deposit it with EPFO. Only the remaining amount can be adjusted or added to your PF accumulation.
Withdrawal of Accumulation
The aforesaid circumstance does not permit the withdrawal of accumulation. However, you must approach the local EPFO organization and bring this anomalous position to their notice.
EPF Accumulation Transfer
EPF accumulation can be transferred subject to the formalities in this regard. There is no transfer of the EPS account as it has been standardized, and you have a unique number generated during previous employment which can be continued.
From India, Mumbai
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Your current organization appears to have taken an incorrect stand. For all post-1973 EPF members, there is no option to opt out of EPS, and you could not be a pre-1973 appointee still in service. There is no prescribed time period for continuance in EPS, especially after the clarification given in the Supreme Court judgment in the RC Gupta matter. The longer the time period that has lapsed after the error was committed, the longer it will take to resolve the matter.
PF Transfer and EPS Continuance
The transfer of PF is not affected by your continuance or discontinuance of EPS. From the PF contributed by your employer, 8.33% goes to EPS maintained by the local PF Office, and it must continue to do so even after you have joined the EPF Trust. The Trust controls only your PF accumulation, and the EPS must continue with EPFO. In the absence of EPS going to EPFO, the entire employer contribution also goes to your PF accumulation. Please verify this. Now, they have to reverse the entry and apportion 8.33% of the wages from the employer contribution into the EPS account and deposit it with EPFO. Only the remaining amount can be adjusted or added to your PF accumulation.
Withdrawal of Accumulation
The aforesaid circumstance does not permit the withdrawal of accumulation. However, you must approach the local EPFO organization and bring this anomalous position to their notice.
EPF Accumulation Transfer
EPF accumulation can be transferred subject to the formalities in this regard. There is no transfer of the EPS account as it has been standardized, and you have a unique number generated during previous employment which can be continued.
From India, Mumbai
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