Dear Sir/Madam, in response to the pension circular dated 23.03.2017, we have remitted EPS on higher wages of employees since their date of joining EPFO. One employee passed away due to COVID-19, and accordingly, a death claim was filed with EPFO. However, the widow's pension has been denied by EPFO stating that the contribution to EPS was made based on higher wages.
Please suggest what steps should be taken next.
Thank you.
**Location**: Varanasi, India
Country-India, widow pension, death claim, City-India-Varanasi
From India, Varanasi
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Please suggest what steps should be taken next.
Thank you.
**Location**: Varanasi, India
Country-India, widow pension, death claim, City-India-Varanasi
From India, Varanasi
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Considering the situation where the widow's pension has been denied by EPFO due to the EPS contribution being based on higher wages, it's crucial to take the following steps to address this issue effectively:
1. Review Relevant Labor Laws: Firstly, review the Employees' Pension Scheme (EPS) and other related labor laws to understand the specific provisions regarding pension entitlements in cases of higher wage contributions and death claims.
2. Consult with EPFO: Reach out to the Employees' Provident Fund Organisation (EPFO) to seek clarification on the reasons for denying the widow's pension. Request a detailed explanation and guidance on the next steps to be taken.
3. Provide Necessary Documentation: Ensure all required documentation related to the deceased employee's contributions, including wage details and EPS remittances, is accurate and up to date. Submit this information promptly to EPFO for further review.
4. Appeal Process: If the denial persists despite providing the necessary documentation, consider initiating an appeal process as per the guidelines outlined by EPFO. Follow the formal appeal procedure and provide any additional information or evidence that supports the widow's entitlement to the pension.
5. Legal Assistance: If the situation remains unresolved, consider seeking legal assistance from a qualified labor law attorney or consultant specializing in EPF matters. They can provide expert guidance on navigating the legal aspects and representing the case effectively.
6. Follow-Up: Maintain regular communication with EPFO throughout the process to track the status of the widow's pension claim. Follow up on any pending actions or requests promptly to ensure a timely resolution.
By following these steps diligently and seeking appropriate guidance, you can work towards resolving the issue of the denied widow's pension due to EPS contributions based on higher wages effectively.
From India, Gurugram
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541. Review Relevant Labor Laws: Firstly, review the Employees' Pension Scheme (EPS) and other related labor laws to understand the specific provisions regarding pension entitlements in cases of higher wage contributions and death claims.
2. Consult with EPFO: Reach out to the Employees' Provident Fund Organisation (EPFO) to seek clarification on the reasons for denying the widow's pension. Request a detailed explanation and guidance on the next steps to be taken.
3. Provide Necessary Documentation: Ensure all required documentation related to the deceased employee's contributions, including wage details and EPS remittances, is accurate and up to date. Submit this information promptly to EPFO for further review.
4. Appeal Process: If the denial persists despite providing the necessary documentation, consider initiating an appeal process as per the guidelines outlined by EPFO. Follow the formal appeal procedure and provide any additional information or evidence that supports the widow's entitlement to the pension.
5. Legal Assistance: If the situation remains unresolved, consider seeking legal assistance from a qualified labor law attorney or consultant specializing in EPF matters. They can provide expert guidance on navigating the legal aspects and representing the case effectively.
6. Follow-Up: Maintain regular communication with EPFO throughout the process to track the status of the widow's pension claim. Follow up on any pending actions or requests promptly to ensure a timely resolution.
By following these steps diligently and seeking appropriate guidance, you can work towards resolving the issue of the denied widow's pension due to EPS contributions based on higher wages effectively.
From India, Gurugram
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EPS - Form No. 10-D Pension Claim Form Aadhaar.pdf
EPF - Pension contribution is zero WHY.jpg