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Honorable Members, Namaskar. I recently submitted an offline EPS claim (Form 10C) for the commencement of a pension from EPFO on behalf of a deceased member (expired on 15.03.2024). The member had joined our establishment on 01.04.2016, and his Basic Salary at the time of joining was Rs. 18,500.

However, the Department has declined to accept the claim, citing that the Basic Salary at the time of joining exceeded the threshold limit of Rs. 15,000. When I requested the circular or notification that specifies this limitation, the Department expressed its unavailability.

In light of the above, I humbly request that the Honorable members provide the Circular/Notification where it is mentioned specifically.

Your kind and favorable action is highly appreciated.

With warm regards,
Mahesh Khandelwal

From India, Calcutta
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You may require applying Composite Claim Form (Form 20, Form 10D & Form 5 IF) by claimant of deceased member.

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There is no need for any circular from the EPFO because the amendment made to the Employees Provident Fund and Miscellaneous Provisions Act in 2014 itself shows that regarding an employee who joins after September 2014, with a salary of more than Rs. 15,000, the Pension Scheme will not be applicable. This provision was ordered to be quashed by the Kerala High Court, but the Supreme Court has stated that the provision is not unconstitutional. Therefore, concerning employees who join your company for the first time with a salary of more than Rs. 15,000, the Pension Scheme will not apply. Obviously, if the individual was a member of the Pension Scheme in the previous company, they should continue with the status quo.
From India, Kannur
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Dear Mr. Mahesh,

As requested, please find attached EPS Circular 29-08-2014 (Sl. No. 8). The deceased employee had become a member of EPF with EPF wages exceeding Rs. 15,000. Consequently, he is not eligible for EPS membership.

From India, New Delhi
Attached Files (Download Requires Membership)
File Type: pdf EPS Circular 29-08-2014.pdf (203.5 KB, 14 views)

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