An employee worked for one year and absconded from the service while being a member of EPS. However, after 2 years of service, he passed away. He did not work anywhere else and was not an EPF member during this period. The employer had not marked the exit. Kindly guide me on whether the deceased member's nominee will receive a pension under EPS.
From India, Bhubaneswar
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26From India, Bhubaneswar
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The situation described involves the eligibility of the deceased member's nominee to receive a pension under the Employees' Pension Scheme (EPS) in India. In this case, since the employee was a member of EPS during his employment and unfortunately passed away after completing two years of service, the nominee is entitled to receive a pension benefit.
Here is a step-by-step guide to assist you further:
Eligibility for EPS Pension:
- The EPS provides pension benefits to employees who are members of the scheme and have completed at least 10 years of eligible service, including the period of service before the introduction of the EPS or after attaining the age of 58 years.
- In cases where the member passes away before completing 10 years of eligible service, the nominee is entitled to receive a pension if the member had contributed to the EPS for at least one month.
Claim Process for EPS Pension:
1. The nominee or legal heir of the deceased member should submit a claim application for the EPS pension to the concerned Employees' Provident Fund Organization (EPFO) office.
2. The application should include relevant documents such as the death certificate of the member, proof of relationship with the nominee, and any other documents requested by the EPFO.
3. The EPFO will verify the claim and process the pension payment to the nominee on a monthly basis.
Employer's Responsibility:
- It is essential for employers to ensure that the exit of employees from service is properly marked with the EPFO to facilitate the smooth processing of pension benefits in case of unfortunate events like the death of an employee.
Legal Reference:
- The Employees' Pension Scheme, 1995, governs the pension benefits provided to employees under the EPS in India. Relevant provisions of the scheme outline the eligibility criteria and the process for claiming pension benefits.
In conclusion, the nominee of the deceased member who absconded from service after one year but was a member of EPS is eligible to receive a pension under the scheme. It is recommended to initiate the claim process promptly to ensure timely disbursement of the pension benefits to the nominee.
From India, Gurugram
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Here is a step-by-step guide to assist you further:
Eligibility for EPS Pension:
- The EPS provides pension benefits to employees who are members of the scheme and have completed at least 10 years of eligible service, including the period of service before the introduction of the EPS or after attaining the age of 58 years.
- In cases where the member passes away before completing 10 years of eligible service, the nominee is entitled to receive a pension if the member had contributed to the EPS for at least one month.
Claim Process for EPS Pension:
1. The nominee or legal heir of the deceased member should submit a claim application for the EPS pension to the concerned Employees' Provident Fund Organization (EPFO) office.
2. The application should include relevant documents such as the death certificate of the member, proof of relationship with the nominee, and any other documents requested by the EPFO.
3. The EPFO will verify the claim and process the pension payment to the nominee on a monthly basis.
Employer's Responsibility:
- It is essential for employers to ensure that the exit of employees from service is properly marked with the EPFO to facilitate the smooth processing of pension benefits in case of unfortunate events like the death of an employee.
Legal Reference:
- The Employees' Pension Scheme, 1995, governs the pension benefits provided to employees under the EPS in India. Relevant provisions of the scheme outline the eligibility criteria and the process for claiming pension benefits.
In conclusion, the nominee of the deceased member who absconded from service after one year but was a member of EPS is eligible to receive a pension under the scheme. It is recommended to initiate the claim process promptly to ensure timely disbursement of the pension benefits to the nominee.
From India, Gurugram
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EPS - Form No. 10-D Pension Claim Form Aadhaar.pdf
EPS - Withdrawal Benefit Calculators_Ann onymous.xls
Employee Pension Scheme, 1995.doc