As per the Supreme Court verdict, EPFO should provide a pension based on actual salary for employees and companies who choose to opt for it. A transfer of funds should be made to accommodate this by EPFO. Can anyone clarify whether this is applicable for Exempted Funds?
From India, Kolkata
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6From India, Kolkata
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This ruling applies only to employees of the establishments who have paid the PF contributions on actual salary without restricting the PF qualifying salary to Rs 6500.
For example, XYZ Ltd is an establishment which used to contribute the employer's share of PF on the actual salary. Mr B's PF qualifying salary was Rs 10,000, and the employer's share of 12% was deposited like this: Rs 541 (8.33% of Rs 6500) to the Pension Fund and the balance Rs 659 (i.e., 1200 minus 541) to PF along with the employee's share of Rs 1200. This means that although the employer's share was Rs 1200, the employer was only permitted to contribute Rs 541 to the Pension Fund. At the same time, he had contributed a higher amount to the Provident Fund, i.e., Rs 659 as against Rs 367 (3.67% of Rs 10,000).
As per the Supreme Court verdict, the PF Organization will have to rearrange the funds by transferring the additional amount of Rs 292 (Rs 659 minus Rs 367) from the PF account to the Pension account so that the Pension Fund will become equal to 8.33% of Rs 10,000 or Rs 833 (i.e., 541 already deposited plus Rs 292 now being transferred). By doing this, the Provident Fund will become Rs 367. If you have already withdrawn the PF, i.e., Rs 659, obviously with your own share of Rs 1200, you have to refund Rs 292 to the Provident Fund Organization, who will put this amount in your Pension Fund account to recalculate your pension.
Formerly, the Pension qualifying salary was Rs 6500, but since the employer had contributed PF on a higher salary, i.e., Rs 10,000, this will become the Pension qualifying salary. Obviously, the pension will increase. If your PF qualifying salary had been even higher, say Rs 60,000 or Rs 100,000, the pension would also go up.
However, with the last amendment of 2014, the PF Organization has put a ceiling on the pension contributing salary to Rs 15,000. Since then, this has become Rs 15,000. With this amendment, the pension calculating formula has also been changed. Now, the actual contribution or Rs 15,000, whichever is lower, will be the base for pension calculation, and for the period prior to September 2014, the average of the pension qualifying salary for 5 years will also be taken. In this calculation, we can make use of the Supreme Court verdict and put the same PF contributed salary as the Pension qualifying salary.
I must say that employees of establishments who do not even think of giving PF to their employees and those who give it just for statutory compliance will not get the benefit of the verdict because they will contribute just what the law states, i.e., contribute PF on Rs 6500 or Rs 15,000, as the case may be.
From India, Kannur
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For example, XYZ Ltd is an establishment which used to contribute the employer's share of PF on the actual salary. Mr B's PF qualifying salary was Rs 10,000, and the employer's share of 12% was deposited like this: Rs 541 (8.33% of Rs 6500) to the Pension Fund and the balance Rs 659 (i.e., 1200 minus 541) to PF along with the employee's share of Rs 1200. This means that although the employer's share was Rs 1200, the employer was only permitted to contribute Rs 541 to the Pension Fund. At the same time, he had contributed a higher amount to the Provident Fund, i.e., Rs 659 as against Rs 367 (3.67% of Rs 10,000).
As per the Supreme Court verdict, the PF Organization will have to rearrange the funds by transferring the additional amount of Rs 292 (Rs 659 minus Rs 367) from the PF account to the Pension account so that the Pension Fund will become equal to 8.33% of Rs 10,000 or Rs 833 (i.e., 541 already deposited plus Rs 292 now being transferred). By doing this, the Provident Fund will become Rs 367. If you have already withdrawn the PF, i.e., Rs 659, obviously with your own share of Rs 1200, you have to refund Rs 292 to the Provident Fund Organization, who will put this amount in your Pension Fund account to recalculate your pension.
Formerly, the Pension qualifying salary was Rs 6500, but since the employer had contributed PF on a higher salary, i.e., Rs 10,000, this will become the Pension qualifying salary. Obviously, the pension will increase. If your PF qualifying salary had been even higher, say Rs 60,000 or Rs 100,000, the pension would also go up.
However, with the last amendment of 2014, the PF Organization has put a ceiling on the pension contributing salary to Rs 15,000. Since then, this has become Rs 15,000. With this amendment, the pension calculating formula has also been changed. Now, the actual contribution or Rs 15,000, whichever is lower, will be the base for pension calculation, and for the period prior to September 2014, the average of the pension qualifying salary for 5 years will also be taken. In this calculation, we can make use of the Supreme Court verdict and put the same PF contributed salary as the Pension qualifying salary.
I must say that employees of establishments who do not even think of giving PF to their employees and those who give it just for statutory compliance will not get the benefit of the verdict because they will contribute just what the law states, i.e., contribute PF on Rs 6500 or Rs 15,000, as the case may be.
From India, Kannur
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Thank you for your valuable update. Is there any difference between PF funds managed by EPFO and PF funds managed by Trustees? Currently, EPFO is not allowing companies whose PF is managed by Trustees to be included under the purview of the Higher pension ruling. They are only permitting unexempted establishments. Could you please provide further insight into this issue?
From India, Kolkata
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From India, Kolkata
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The present ruling does not make it applicable to members of exempted establishments. But there will be direction in this regard very soon.
From India, Kannur
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From India, Kannur
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Dear Madhuji,
Thank you very much for your valuable information. I have been drawing a pension under the EPF & MP Act w.e.f. 01/07/2014. My PF salary (earning) on which PF contribution was being deducted prior to my retirement was much higher than the pension wage ceiling (It was Rs. 6500/- at the time of my retirement). Is there any circular issued by the PF authority inviting applications from PF pensioners for claiming a pension on the actual PF wage by depositing the differential pension contribution? Can you please enlighten me in this regard?
Thanking you, With Regards,
S.K. Hota
From India, Calcutta
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Thank you very much for your valuable information. I have been drawing a pension under the EPF & MP Act w.e.f. 01/07/2014. My PF salary (earning) on which PF contribution was being deducted prior to my retirement was much higher than the pension wage ceiling (It was Rs. 6500/- at the time of my retirement). Is there any circular issued by the PF authority inviting applications from PF pensioners for claiming a pension on the actual PF wage by depositing the differential pension contribution? Can you please enlighten me in this regard?
Thanking you, With Regards,
S.K. Hota
From India, Calcutta
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PF Organisation is keeping silent on these matters. Yesterday, the Supreme Court has said that we should wait until the cases pending in Kerala High Court are decided. I think we may have to wait for another couple of months to get clarity.
From India, Kannur
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From India, Kannur
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EPFO has already issued a circular on 23.03.2017 which is attached. However, regional offices are going slow on this, citing a lack of gazette publication and verdicts on some more cases pending in courts. However, they have to ultimately pay the revised pension. The court, in the order, has already reprimanded EPFO for harassing subscribers. EPFO goes on the assumption that their function is to deny benefits to the subscribers, whereas it should be to give as much benefit to subscribers as possible.
Though the Supreme Court order does not distinguish between exempted and non-exempted categories, EPFO is illegally trying to exempt the 'exempted category' (the funds managed by the employers themselves), since the Supreme Court order is specific on giving benefits to all; it is only a matter of time that EPFO stops this illegal discrimination. Various pensioners' organizations have already taken this up, and an online petition to the Labour Minister is ongoing. I request everyone on this board to google the petition and sign it.
Increased pension is also applicable to those who are already drawing a pension. As per the circular, there is a specified form which is not available online but has to be obtained from local EPF offices. Currently, in line with EPFO's mindset, they are insisting that only those who apply will be considered, and unofficially they are also banking on pensioners not being able to pay the EPS contribution already returned along with EPF accumulation. This difference will have to be first paid to EPFO, but since arrears of pension they have to give will far exceed the excess contribution, it is only common sense to deduct the excess contribution from arrears and pay the balance, but EPFO's mindset will not allow that, and we may have to approach courts again for that. In short, there could be delays, but EPFO will be forced to implement the court order; maybe EPFO may go bankrupt in the long run or may have to depend on Government funding. The government will be forced because the government only passed the law which the SC has rightly interpreted now. I request everyone on this board, pensioners, and those who are still employed to go for it. Pensioners, go to the local office and submit the specified form based on which EPFO will inform you about the excess contribution to be paid, and EPFO will pay you arrears starting from the commencement of your pension. Please remember that your spouse/nominee will get half the enhanced pension; just go for it. Next week I will post the specified form.
From India, Thane
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Though the Supreme Court order does not distinguish between exempted and non-exempted categories, EPFO is illegally trying to exempt the 'exempted category' (the funds managed by the employers themselves), since the Supreme Court order is specific on giving benefits to all; it is only a matter of time that EPFO stops this illegal discrimination. Various pensioners' organizations have already taken this up, and an online petition to the Labour Minister is ongoing. I request everyone on this board to google the petition and sign it.
Increased pension is also applicable to those who are already drawing a pension. As per the circular, there is a specified form which is not available online but has to be obtained from local EPF offices. Currently, in line with EPFO's mindset, they are insisting that only those who apply will be considered, and unofficially they are also banking on pensioners not being able to pay the EPS contribution already returned along with EPF accumulation. This difference will have to be first paid to EPFO, but since arrears of pension they have to give will far exceed the excess contribution, it is only common sense to deduct the excess contribution from arrears and pay the balance, but EPFO's mindset will not allow that, and we may have to approach courts again for that. In short, there could be delays, but EPFO will be forced to implement the court order; maybe EPFO may go bankrupt in the long run or may have to depend on Government funding. The government will be forced because the government only passed the law which the SC has rightly interpreted now. I request everyone on this board, pensioners, and those who are still employed to go for it. Pensioners, go to the local office and submit the specified form based on which EPFO will inform you about the excess contribution to be paid, and EPFO will pay you arrears starting from the commencement of your pension. Please remember that your spouse/nominee will get half the enhanced pension; just go for it. Next week I will post the specified form.
From India, Thane
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What is the current status of supreme court case for transfer of high court cases to it.
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Very recently, the Central PF Commissioner has issued a circular to all RPFCs, stating that they should be ready to calculate the pension of higher wages at the earliest. It has also been observed that officers should not delay files by claiming they are awaiting clarification from the Head Office. However, the challenge lies in the fact that the software used to calculate pensions is still pending modification. As a result, a significant amount of manual calculations are currently necessary to determine the pension amount. It is important to note that no officer is willing to take the risk of manual calculations.
Please find attached a directive addressed to the Regional PF Commissioners.
From India, Kannur
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Please find attached a directive addressed to the Regional PF Commissioners.
From India, Kannur
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Dear All, Is there any recent circular where Exempted PF employees can claim for revised Pension amount.
From India, Kolkata
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From India, Kolkata
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My last salary on retirement on 30/06/2013 was Rs. 10,000/-. I have applied for a higher pension. So far, the pension has not been revised. My doubt is whether the average salary considered for higher pension calculation is based on the last 12 months or the last 60 months.
From India, Hyderabad
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From India, Hyderabad
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Thanks, Madhu K.
The issue of exempted employees was under litigation, and at least Kerala HC has recently ruled in favor of the exempted category. EPFO, in their usual eagerness to deny benefits to subscribers, had wrongly interpreted the SC judgment to exclude exempted funds.
I also learned that a move to increase the minimum pension to ₹5000/7500 is also in the final stages and is being delayed by the government, though agreed. Now I learn that a morcha of pensioners is going to protest in Delhi on Nov 18 or 28 or some day in Nov.
From India, Thane
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The issue of exempted employees was under litigation, and at least Kerala HC has recently ruled in favor of the exempted category. EPFO, in their usual eagerness to deny benefits to subscribers, had wrongly interpreted the SC judgment to exclude exempted funds.
I also learned that a move to increase the minimum pension to ₹5000/7500 is also in the final stages and is being delayed by the government, though agreed. Now I learn that a morcha of pensioners is going to protest in Delhi on Nov 18 or 28 or some day in Nov.
From India, Thane
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I retired on 31.3.2015 and started receiving a pension from EPF on 3.10.2015 upon attaining 58 years of age. From 1993 until 2005, I was in an exempted company. Thereafter, with a two-year gap, I joined an unexempted company until my retirement on 31.03.2015. Throughout my employment, my contribution was higher than the ceiling limit. However, since I was unaware that I needed to opt for a higher pension, I am currently receiving a pension of Rs 2000/-. I would like to inquire about my eligibility for an increased pension in light of the Supreme Court judgment, Kerala Court judgment, and the orders issued by the Head Office of the EPF department. Alternatively, I would appreciate guidance on the necessary steps to rectify this missed opportunity.
From India, Kolkata
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From India, Kolkata
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Since you have contributed to the provident fund on a salary which was above the statutory ceiling of Rs 6500, you will be entitled to a higher pension. Upon withdrawal of your PF accumulations, you would have received the amount your employer has paid to the provident fund in excess of the amount payable had it been limited to 12% of Rs 6500. That amount should be paid back to EPFO, and then your pension should be recalculated based on the actual PF contributing salary.
Let us work with an example assuming a salary of Rs 100,000. The PF contribution is not restricted to Rs 6500; the employer was contributing based on Rs 100,000. This means your employer's contribution to PF was Rs 12,000, as opposed to Rs 780.
Out of this Rs 12,000, only Rs 541 (6500 X 8.33%) was deposited into the Pension Fund. The remaining amount of the employer's contribution, i.e., Rs 11,459, was deposited in your Provident Fund account. If the PF authorities had accepted a pension fund contribution rate of 8.33% on the actual salary, i.e., 8.33% of Rs 100,000, the contribution to the pension fund would be Rs 8,333. In that case, the employer would be paying Rs 8,333 to the pension fund and the remaining Rs 3,667 (Rs 12,000 minus Rs 8,333) to the Provident Fund.
In the first case, the employer's contribution to the PF account would be Rs 11,459, and you have withdrawn that amount with interest. Now, the second case should be applied. To receive a higher pension, you should have contributed based on the higher salary, resulting in a lower employer contribution to the provident fund, i.e., Rs 3,667. This implies that although you have taken back Rs 11,459, you should pay back Rs 7,792 (Rs 11,459 minus Rs 3,667) and then recalculate the pension as if the pensionable salary is Rs 100,000.
The PF authorities mention that they need time to calculate how much employees should pay back, as there is no system for it in the current software. While it may seem fine when calculated for one scenario, it becomes complicated when factoring in the interest part. In cases where the salary is substantial, the amount received upon withdrawal of PF accumulations would also be high, and repaying it could pose a significant burden.
From India, Kannur
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Let us work with an example assuming a salary of Rs 100,000. The PF contribution is not restricted to Rs 6500; the employer was contributing based on Rs 100,000. This means your employer's contribution to PF was Rs 12,000, as opposed to Rs 780.
Out of this Rs 12,000, only Rs 541 (6500 X 8.33%) was deposited into the Pension Fund. The remaining amount of the employer's contribution, i.e., Rs 11,459, was deposited in your Provident Fund account. If the PF authorities had accepted a pension fund contribution rate of 8.33% on the actual salary, i.e., 8.33% of Rs 100,000, the contribution to the pension fund would be Rs 8,333. In that case, the employer would be paying Rs 8,333 to the pension fund and the remaining Rs 3,667 (Rs 12,000 minus Rs 8,333) to the Provident Fund.
In the first case, the employer's contribution to the PF account would be Rs 11,459, and you have withdrawn that amount with interest. Now, the second case should be applied. To receive a higher pension, you should have contributed based on the higher salary, resulting in a lower employer contribution to the provident fund, i.e., Rs 3,667. This implies that although you have taken back Rs 11,459, you should pay back Rs 7,792 (Rs 11,459 minus Rs 3,667) and then recalculate the pension as if the pensionable salary is Rs 100,000.
The PF authorities mention that they need time to calculate how much employees should pay back, as there is no system for it in the current software. While it may seem fine when calculated for one scenario, it becomes complicated when factoring in the interest part. In cases where the salary is substantial, the amount received upon withdrawal of PF accumulations would also be high, and repaying it could pose a significant burden.
From India, Kannur
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Dear All,
There was a circular from EPFO on 22-01-2019 entitling all the EPF members to join the EPF pension scheme based on the actual salary with the option of paying the additional amount with arrears with interest for this. Since there is no mention of Exempted/Non-Exempted organizations in this EPFO order, is this application for all the EPF eligible members?
When is the next Supreme Court hearing on the EPF pension scheme as many review petitions are pending in the Supreme Court? It was scheduled for 25-01-2019, but this date has been postponed again. Even the final verdict of the High Court of Kerala has come in favor of the EPF members.
Satheesh Kumar.P ITI Limited, Palakkad
From India, Bengaluru
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There was a circular from EPFO on 22-01-2019 entitling all the EPF members to join the EPF pension scheme based on the actual salary with the option of paying the additional amount with arrears with interest for this. Since there is no mention of Exempted/Non-Exempted organizations in this EPFO order, is this application for all the EPF eligible members?
When is the next Supreme Court hearing on the EPF pension scheme as many review petitions are pending in the Supreme Court? It was scheduled for 25-01-2019, but this date has been postponed again. Even the final verdict of the High Court of Kerala has come in favor of the EPF members.
Satheesh Kumar.P ITI Limited, Palakkad
From India, Bengaluru
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Dear Madhuji,
This is with reference to my query dt.17/12/2017 & your reply dt.19/12/17 in this discussion.After issue of circular no.2896 dt,8/6/18 of Addl.CPFC(Pension),Mr. R.M.Verma,EPFO H.qrs.,Delhi,I had sent reminder mails at 10-20 days’ interval to all concerned RPFCs with copy to ACPFC,Odisha Zonal Office & CPFC,Delhi to intimate me the differential amt ( pension fund contribution on my actual wage/salary – pension contribution already deposited on my my wage/salary upto statutory ceiling) I have to deposit with EPFO and the actual amt of my revised pension amt per month.
Only on 4th March,2019,I received the response from RPFC Office about the amount of total refund to EPFO in the shape of DD towords differential amt of pension contribution together with interest accrued till end of the month and on deposit of the said amount I would be paid revised pension,which has also been informed by the said office.
Now I have the following 2 points to be clarified:
1.When I calculated the amt of my arrear pension for 69 months by simply multiplying the monthly arrear pension amt with 69 without taking into account any interest for the past 69 months,the amt so arrived at is 20 thousand more than the amount I am asked by EPFO to deposit.Why EPFO is not adjusting the amt of my refund to them against the total arrear Pension I am to get?Why I will incur addnl amt by way of DD charges on a huge amt of refund.Are not they doing injustice to a retired senior citizen?Is their such action justified & legally sustainable?
2. As the PFauthority is collecting interest with retrospective effect on the amt of my refund against higher pension contribution till today,whether it is entitled or not tol pay me interest on my arrear pension amt from the dt of my retirement till date ?
Your considered opinion on the matter is highly solicited.
With Regards,
S.K.Hota,
Bhubaneswar
Dt-9th Mar,2019
From India, Calcutta
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This is with reference to my query dt.17/12/2017 & your reply dt.19/12/17 in this discussion.After issue of circular no.2896 dt,8/6/18 of Addl.CPFC(Pension),Mr. R.M.Verma,EPFO H.qrs.,Delhi,I had sent reminder mails at 10-20 days’ interval to all concerned RPFCs with copy to ACPFC,Odisha Zonal Office & CPFC,Delhi to intimate me the differential amt ( pension fund contribution on my actual wage/salary – pension contribution already deposited on my my wage/salary upto statutory ceiling) I have to deposit with EPFO and the actual amt of my revised pension amt per month.
Only on 4th March,2019,I received the response from RPFC Office about the amount of total refund to EPFO in the shape of DD towords differential amt of pension contribution together with interest accrued till end of the month and on deposit of the said amount I would be paid revised pension,which has also been informed by the said office.
Now I have the following 2 points to be clarified:
1.When I calculated the amt of my arrear pension for 69 months by simply multiplying the monthly arrear pension amt with 69 without taking into account any interest for the past 69 months,the amt so arrived at is 20 thousand more than the amount I am asked by EPFO to deposit.Why EPFO is not adjusting the amt of my refund to them against the total arrear Pension I am to get?Why I will incur addnl amt by way of DD charges on a huge amt of refund.Are not they doing injustice to a retired senior citizen?Is their such action justified & legally sustainable?
2. As the PFauthority is collecting interest with retrospective effect on the amt of my refund against higher pension contribution till today,whether it is entitled or not tol pay me interest on my arrear pension amt from the dt of my retirement till date ?
Your considered opinion on the matter is highly solicited.
With Regards,
S.K.Hota,
Bhubaneswar
Dt-9th Mar,2019
From India, Calcutta
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Sathish ITi, please attach a circular dated 22/01/19 or anyone else who has a copy, please post it. I have, on several occasions, written on this site about the injustice SK Hota has mentioned, but there has been no response from our group. It is time we unitedly fight for this, even if we have to file a PIL. I have written to the BJP cyber cell regarding this because they sent out a mail asking for input for the 2019 election manifesto. The BJP minister, Javdekar, who demanded a minimum pension of Rs 3000, remained silent despite being in a position within the ministry that could have addressed the issue. The minister, Kushwah, who negotiated with retired employees made some favorable remarks, but later on TV stated that EPFO can't provide for every retired employee, only those who have received a verdict from the SC. He also mentioned that the government is working on a minimum pension of Rs 2000, as if it would be a significant favor. Now, he has resigned on the eve of the MP Rajasthan and MP elections. EPFO employees seem to have a mindset that their duty is to deny or delay anything advantageous to EPFO members. Dear Mr. Hota, did you apply in the specified Form 26 and 3A or did you just write to EPFO? Once again, I request anyone to post the EPFO circular dated 22/01/2019.
From India, Thane
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From India, Thane
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I have the circular dated 22/01/19 and the copy of the Kerala HC ruling dated 12/10/18, both are attached. Kerala HC has upheld the petitioner employees' contentions and rejected the Government's contention. It reads, "For the foregoing reasons, the petitioners are entitled to succeed. The writ petitions are all allowed as follows:
i) The Employee's Pension (Amendment) Scheme, 2014 brought into force by Notification No. GSR. 609(E) dated 22.8.2014 evidenced by Ext.P8 in W.P.(C) No. 13120 of 2015 is set aside;
ii) All consequential orders and proceedings issued by the Provident Fund authorities/respondents on the basis of the impugned amendments shall also stand set aside. W.P.(C). 13120/2015 & con.cases
iii) The various proceedings issued by the Employees Provident Fund Organization declining to grant opportunities to the petitioners to exercise a joint option along with other employees to remit contributions to the Employees Pension Scheme on the basis of the actual salaries drawn by them are set aside.
iv) The employees shall be entitled to exercise the option stipulated by paragraph 26 of the EPF Scheme without being restricted in doing so by the insistence on a date.
v) There will be no order as to costs.
Sd/-"
Hence, there was no reason to withdraw the circular. If we keep quiet, the Government's current and future actions will take us for a ride.
From India, Thane
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i) The Employee's Pension (Amendment) Scheme, 2014 brought into force by Notification No. GSR. 609(E) dated 22.8.2014 evidenced by Ext.P8 in W.P.(C) No. 13120 of 2015 is set aside;
ii) All consequential orders and proceedings issued by the Provident Fund authorities/respondents on the basis of the impugned amendments shall also stand set aside. W.P.(C). 13120/2015 & con.cases
iii) The various proceedings issued by the Employees Provident Fund Organization declining to grant opportunities to the petitioners to exercise a joint option along with other employees to remit contributions to the Employees Pension Scheme on the basis of the actual salaries drawn by them are set aside.
iv) The employees shall be entitled to exercise the option stipulated by paragraph 26 of the EPF Scheme without being restricted in doing so by the insistence on a date.
v) There will be no order as to costs.
Sd/-"
Hence, there was no reason to withdraw the circular. If we keep quiet, the Government's current and future actions will take us for a ride.
From India, Thane
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Dear Mr. Raghvant,
Since I have retired from service prior to September 2014, I am entitled to a higher pension as per the Apex Court's order; there is no doubt about it. I have just received a letter from EPFO requesting the deposit of the refund amount to receive the higher pension effective from my retirement date, i.e., 1/7/2013.
I am seeking clarification on whether EPFO is justified in asking me to deposit the refund amount without adjusting it from my arrear revised pension amount. The EPFO circular dated 22/1/2019 is attached.
With Regards,
S.K. Hota
From India, Calcutta
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Since I have retired from service prior to September 2014, I am entitled to a higher pension as per the Apex Court's order; there is no doubt about it. I have just received a letter from EPFO requesting the deposit of the refund amount to receive the higher pension effective from my retirement date, i.e., 1/7/2013.
I am seeking clarification on whether EPFO is justified in asking me to deposit the refund amount without adjusting it from my arrear revised pension amount. The EPFO circular dated 22/1/2019 is attached.
With Regards,
S.K. Hota
From India, Calcutta
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Dear Mr. SK Hota,
You are lucky that you have at least received this letter. Congratulations and go ahead. Did they inform you of the enhanced pension amount? What is the difference between arrears to be paid and arrears of pension you will receive (you will get arrears from the date of retirement)? According to me, in your lifetime, you will be able to recover much more than what you pay. Don't forget that your wife will be entitled to half that amount as a pension if anything happens to you (praying to keep you healthy).
Now, your million-dollar question: if EPFO wanted to be rational, they could have proactively calculated the arrears and enhanced pension of each pensioner and could have offered to adjust arrears and informed each and every pensioner. Unfortunately, EPFO thinks that making the lives of pensioners as miserable as possible is their job function. All the details that EPFO is asking for processing your enhanced pension, like form 26 and 3A and its attachments, are already available with EPFO.
Now, I request a few details from you:
1. Did you apply in the specified forms 26 and 3A or just send a letter? If you applied with the forms, did you get your employer to sign those forms?
Now, why am I asking these? Most of the pensioners must have changed jobs a few times, and some employers may have wound up or been taken over by other companies. In these situations, it is almost impossible to get all the employers to sign these forms. I am in a similar situation; I retired in 2007, 12 years back. In the last employment, a lady with her "Thuglak" reforms stopped paying contributions on full salary. Technically, there is no "employer" in the case of an already retired person. So, if EPFO is subscriber-friendly, they should act proactively as I mentioned.
I request everyone to share their experiences on this enhanced pension so that all retirees can benefit.
As for the circular of 22/01/2019, this has been withdrawn citing a Kerala High Court order. There was no reason to withdraw the circular because the High Court had confirmed employees' entitlement to a higher pension. I have already attached the HC order to my previous post. Now, I am attaching the circular withdrawing the 22/01/2019 circular.
From India, Thane
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You are lucky that you have at least received this letter. Congratulations and go ahead. Did they inform you of the enhanced pension amount? What is the difference between arrears to be paid and arrears of pension you will receive (you will get arrears from the date of retirement)? According to me, in your lifetime, you will be able to recover much more than what you pay. Don't forget that your wife will be entitled to half that amount as a pension if anything happens to you (praying to keep you healthy).
Now, your million-dollar question: if EPFO wanted to be rational, they could have proactively calculated the arrears and enhanced pension of each pensioner and could have offered to adjust arrears and informed each and every pensioner. Unfortunately, EPFO thinks that making the lives of pensioners as miserable as possible is their job function. All the details that EPFO is asking for processing your enhanced pension, like form 26 and 3A and its attachments, are already available with EPFO.
Now, I request a few details from you:
1. Did you apply in the specified forms 26 and 3A or just send a letter? If you applied with the forms, did you get your employer to sign those forms?
Now, why am I asking these? Most of the pensioners must have changed jobs a few times, and some employers may have wound up or been taken over by other companies. In these situations, it is almost impossible to get all the employers to sign these forms. I am in a similar situation; I retired in 2007, 12 years back. In the last employment, a lady with her "Thuglak" reforms stopped paying contributions on full salary. Technically, there is no "employer" in the case of an already retired person. So, if EPFO is subscriber-friendly, they should act proactively as I mentioned.
I request everyone to share their experiences on this enhanced pension so that all retirees can benefit.
As for the circular of 22/01/2019, this has been withdrawn citing a Kerala High Court order. There was no reason to withdraw the circular because the High Court had confirmed employees' entitlement to a higher pension. I have already attached the HC order to my previous post. Now, I am attaching the circular withdrawing the 22/01/2019 circular.
From India, Thane
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Dear Madhuji, Kindly refer to my query dt.09/03/2019. I am still awaiting your considered view. regards, S.K.Hota, Bhubaneswar 02/04/2019
From India, Calcutta
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From India, Calcutta
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In view of the Supreme Court verdict reported in TOI today, which finally dismisses all the delaying tactics of EPFO & Govt, what is the action to be expected? To be logical, EPFO should on its own calculate the arrears to be paid & the pension expected to all the pensioners & ask their consent for paying arrears to receive a higher pension. Today EPFO is asking for details from pensioners & wants it to be certified by employers, which is practically impossible for people who have retired long back & who have changed jobs a few times. Some of the employers must have vanished. Above all, EPFO has all the data available with them based on which they calculated the pension & returned the EPS contribution paid above the ceiling salary. Unfortunately, EPFO is so non-transparent they don't even intimate how they have arrived at the pension amount & EPF accumulation amount.
TOI report attached.
From India, Thane
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TOI report attached.
From India, Thane
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Sorry, Mr. SKhota, I missed out on the discussion at some point in time due to some urgent engagement. I understand that refunding the amount drawn from the PF and adjusting the same from the arrears of pension payable are some technical issues.
In EPFO, the wing dealing with PF settlement is separate from the department which processes pension. The officer who has to issue directions to the Pension department to start processing Pension based on actual salary should first get the amount withdrawn from PF. Once it is received with interest as applicable (the Supreme Court verdict on pension on actual salary has mentioned something about 6% interest payable by the member), he will send the file to the Pension department. That is why they are insisting like that. Anyway, since the Supreme Court judgment has come, they will again take time to STUDY the issue. Therefore, let us wait a little more.
From India, Kannur
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In EPFO, the wing dealing with PF settlement is separate from the department which processes pension. The officer who has to issue directions to the Pension department to start processing Pension based on actual salary should first get the amount withdrawn from PF. Once it is received with interest as applicable (the Supreme Court verdict on pension on actual salary has mentioned something about 6% interest payable by the member), he will send the file to the Pension department. That is why they are insisting like that. Anyway, since the Supreme Court judgment has come, they will again take time to STUDY the issue. Therefore, let us wait a little more.
From India, Kannur
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The implications of the latest Supreme Court verdict on employees whose PF-contributing salary is capped at Rs. 15,000 need emphasis. Many think that henceforth it will be their actual salary that will be the base for calculating the pension. This is not true. A higher pension applies only to employees of those organizations that contribute PF on the actual salary without restricting it to Rs. 15,000. Please follow the link for more details. [Blog Link: https://madhu-t-k.blogspot.com/2019/04/pension-based-on-actual-pf-contributing.html]
From India, Kannur
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From India, Kannur
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I am still working in an ICSE school. My PF contribution is based on a salary of Rs. 15,000, but I am actually receiving a higher salary of Rs. 30,000. Do I need to apply for the option of receiving a pension based on my actual salary? If so, how can I go about executing that option?
From India, Solapur
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From India, Solapur
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If your employer agrees to pay PF on ₹30,000, i.e., ₹3,600 per month as against ₹1,800, then you will also be eligible for a higher pension (pension based on ₹30,000). But as pointed out in my blog write-up, neither the EPFO nor the employee can demand the employer to contribute his share of contribution on any amount above ₹15,000.
From India, Kannur
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From India, Kannur
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Dear All,
Please advise regarding the recently Hon. Supreme Court Order for the employee pension scheme.
1. In our establishment practices, P.F. deduction is based on the actual Basic Salary (not capped at P.F. salary of Rs. 15,000/-). What action can be taken to ensure all employees benefit from the new pension scheme?
2. What is the pension calculation for employees with more than 20 years of service based on the previous criteria (before the Hon. Supreme Court Order)?
3. What is the pension calculation for employees with more than 20 years of service with a basic salary of Rs. 30,000/- and above?
If you have any references for comparison, please forward them.
From India, Raipur
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Please advise regarding the recently Hon. Supreme Court Order for the employee pension scheme.
1. In our establishment practices, P.F. deduction is based on the actual Basic Salary (not capped at P.F. salary of Rs. 15,000/-). What action can be taken to ensure all employees benefit from the new pension scheme?
2. What is the pension calculation for employees with more than 20 years of service based on the previous criteria (before the Hon. Supreme Court Order)?
3. What is the pension calculation for employees with more than 20 years of service with a basic salary of Rs. 30,000/- and above?
If you have any references for comparison, please forward them.
From India, Raipur
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Sir,
My employees and management agree to contribute PF contributions at a higher rate of Rs. 50,000 to Rs. 100,000 (basic/DA) effective from 01/04/2019. Currently, we are contributing at the ceiling rate, i.e., Rs. 5,000/Rs. 6,500/Rs. 15,000.
Could you please confirm if my employees will be eligible for a higher pension after contributing for 12 months if they retire?
Thank you.
From India, Gurgaon
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My employees and management agree to contribute PF contributions at a higher rate of Rs. 50,000 to Rs. 100,000 (basic/DA) effective from 01/04/2019. Currently, we are contributing at the ceiling rate, i.e., Rs. 5,000/Rs. 6,500/Rs. 15,000.
Could you please confirm if my employees will be eligible for a higher pension after contributing for 12 months if they retire?
Thank you.
From India, Gurgaon
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As per the latest Supreme Court verdict, those who contribute at a higher salary, i.e., 50,000 in the example, should get a pension based on that higher salary as their pensionable salary. How the service will be worked out is not clear, but the verdict only says that the pensionable salary should be the average of the 12 months' pensionable salary immediately preceding the retirement. That means that even if you contribute throughout at 15,000 but contribute 50,000 for the last year, you should be getting a pension based on 50,000! If so, the EPFO will be at a heavy loss.
From India, Kannur
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From India, Kannur
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Pension is calculated roughly as pensionable salary (salary on which PF is deducted) multiplied by pensionable years (years contributed to PF), all divided by 75.
Earlier, when the pensionable salary was computed as the last 12 months average, employers used to give more salary during the last year to help employees and to address this issue, EPFO introduced a 5-year average which has now been struck down by the Supreme Court.
Now, the field is open if your employer is willing to give you a higher PF contribution based on a higher salary in the last year of retirement.
From India, Thane
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Earlier, when the pensionable salary was computed as the last 12 months average, employers used to give more salary during the last year to help employees and to address this issue, EPFO introduced a 5-year average which has now been struck down by the Supreme Court.
Now, the field is open if your employer is willing to give you a higher PF contribution based on a higher salary in the last year of retirement.
From India, Thane
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Dear Mr. Madhu,
I need your professional advice and opinion. I retired in March 2014, and technically, the pension started in Dec 2011 after I attained 58 years of age following 12 years of service in my present organization. My salary for pension deduction was capped at Rs. 6500/-, and accordingly, I paid Rs. 541 at that time. My pension today is Rs. 1075/- per month.
I was contributing to PF based on the actual salary. The last pay drawn in Dec 2011 was Rs. 117400/-. The question is whether I will be entitled to an enhanced pension after remitting the differential amount for the 12-year service period together with interest (6%)? Based on calculations, I might have to pay around Rs. 866941 (considering my then last 5 years' salary and the calculation of 8.33% less Rs. 541, plus interest). The gain, I suppose, is the arrears from Dec 2011 till date, plus the regular enhanced pension of Rs. 20125/- (117400 x 12 / 70). Through this process, I might receive arrears of around Rs. 1690560 (from Dec 2011 onwards) plus interest, which should be approximately 12 lakhs.
Can you kindly confirm my understanding for further action with EPFO, please?
From India, Tiruchirappalli
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I need your professional advice and opinion. I retired in March 2014, and technically, the pension started in Dec 2011 after I attained 58 years of age following 12 years of service in my present organization. My salary for pension deduction was capped at Rs. 6500/-, and accordingly, I paid Rs. 541 at that time. My pension today is Rs. 1075/- per month.
I was contributing to PF based on the actual salary. The last pay drawn in Dec 2011 was Rs. 117400/-. The question is whether I will be entitled to an enhanced pension after remitting the differential amount for the 12-year service period together with interest (6%)? Based on calculations, I might have to pay around Rs. 866941 (considering my then last 5 years' salary and the calculation of 8.33% less Rs. 541, plus interest). The gain, I suppose, is the arrears from Dec 2011 till date, plus the regular enhanced pension of Rs. 20125/- (117400 x 12 / 70). Through this process, I might receive arrears of around Rs. 1690560 (from Dec 2011 onwards) plus interest, which should be approximately 12 lakhs.
Can you kindly confirm my understanding for further action with EPFO, please?
From India, Tiruchirappalli
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Dear Mr. Narasimhan T.S.,
I would like to give my views on your query as follows as per my experience in getting enhanced pension from EPFO as per SC’s verdict :
You are eligible for enhanced pension /arrear pension as follows:-
1.You have contributed to pension fund on Rs.6500/- (wage ceiling amt only) for 12 year from 1999 to 2011,whereas you have contributed to PF @12% on actual salary,the last month’s salary being Rs.1,17,400 in2011(i.e. at the time of attaining 58 yrs).As you have not mentioned about your pensionable service/PF contributing prior to 1999,I am assuming that you were neither member of EPF/EPS or if member,you have withdrawn the PF amt prior to 1999 i.e. before joining your last employer.
2.You have to refund the differential of pension contribution (8.33% of actual salary on which PF@12% was deducted minus Rs.541/- p.m from 1999 to 2011 i.e. for entire period of your pensionable service with uptodate interest till dt of deposit calculated @ interest rate declared by EPFO for different year from 1999 to 2019 at monthly rest( e.g. @12% for year1999 .......@8.55% for 2019).
3.You will be entitled to receive enhanced pension @ Rs.1,17,400/70*12=Rs.20,126 p.m.(This will vary depending your avg of last 12 months’ salary actual period of pensionable service ) w.e.f. dt of your retirement in 2011.
4.You will get arrear pension @Rs.19141/-( Rs.20126-Rs.1075) for 12yrsx12 months which comes to Rs.27,56,304(Approx).No interest will be given by EPFO over it.
Regards,
S.K.Hota
Bhubaneswar
From India, Calcutta
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I would like to give my views on your query as follows as per my experience in getting enhanced pension from EPFO as per SC’s verdict :
You are eligible for enhanced pension /arrear pension as follows:-
1.You have contributed to pension fund on Rs.6500/- (wage ceiling amt only) for 12 year from 1999 to 2011,whereas you have contributed to PF @12% on actual salary,the last month’s salary being Rs.1,17,400 in2011(i.e. at the time of attaining 58 yrs).As you have not mentioned about your pensionable service/PF contributing prior to 1999,I am assuming that you were neither member of EPF/EPS or if member,you have withdrawn the PF amt prior to 1999 i.e. before joining your last employer.
2.You have to refund the differential of pension contribution (8.33% of actual salary on which PF@12% was deducted minus Rs.541/- p.m from 1999 to 2011 i.e. for entire period of your pensionable service with uptodate interest till dt of deposit calculated @ interest rate declared by EPFO for different year from 1999 to 2019 at monthly rest( e.g. @12% for year1999 .......@8.55% for 2019).
3.You will be entitled to receive enhanced pension @ Rs.1,17,400/70*12=Rs.20,126 p.m.(This will vary depending your avg of last 12 months’ salary actual period of pensionable service ) w.e.f. dt of your retirement in 2011.
4.You will get arrear pension @Rs.19141/-( Rs.20126-Rs.1075) for 12yrsx12 months which comes to Rs.27,56,304(Approx).No interest will be given by EPFO over it.
Regards,
S.K.Hota
Bhubaneswar
From India, Calcutta
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Dear Mr. S.K. Hota,
I sincerely thank you for the enlightenment. Yes, prior to 2000, I had withdrawn PF as I was overseas. From May 2000 to March 2014, I was employed as Executive Director in Darcl Logistics Limited when I finally retired. For the purpose of EPFO, I attained 58 years in Dec 2011 when the pension started.
On the issue of my returning the differential amount and the interest, can the same not be adjusted from receivables? As per your advice, I am working out the statement of my salary from 2000 to 2011 and 8.33% on the same plus interest as you advised. Is there a time frame from EPFO as to when I can get the amount and enhanced pension.
Regards
From India, Tiruchirappalli
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I sincerely thank you for the enlightenment. Yes, prior to 2000, I had withdrawn PF as I was overseas. From May 2000 to March 2014, I was employed as Executive Director in Darcl Logistics Limited when I finally retired. For the purpose of EPFO, I attained 58 years in Dec 2011 when the pension started.
On the issue of my returning the differential amount and the interest, can the same not be adjusted from receivables? As per your advice, I am working out the statement of my salary from 2000 to 2011 and 8.33% on the same plus interest as you advised. Is there a time frame from EPFO as to when I can get the amount and enhanced pension.
Regards
From India, Tiruchirappalli
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Dear Mr.S.K.Hota I forgot to mention that arrears, I should get from Dec 2011 till date is 7 years plus .Is it not? I think not 12 years please. Can you kindly clarify please. Regards
From India, Tiruchirappalli
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From India, Tiruchirappalli
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Dear Mr. Madhu.T.K,
Greetings!
I am a retired person, and I have heard that I need to pay off the differential amount (8.33% on salary minus Rs. 541) during the pensionable service with interest. My queries are:
1. What interest element should I consider on the principal sum to be returned to EPFO?
2. Will that be until 31.3.2019, or which date precisely?
3. Will pension arrears have an interest element by EPFO until 31.3.19 or some cut-off date?
4. If my pension arrears receivable are less than the payable amount, will I have to remit the difference to EPFO?
5. If my pension arrears receivable are more than the payable amount, will EPFO give me the difference?
6. What is the timeline you envisage for the above process?
The 14th March 2019 circular from the Additional Commissioner PF (Pensions) says that the PF department should send a calculation sheet. Are they doing so in your expert opinion, Sir?
Regards
From India, Tiruchirappalli
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Greetings!
I am a retired person, and I have heard that I need to pay off the differential amount (8.33% on salary minus Rs. 541) during the pensionable service with interest. My queries are:
1. What interest element should I consider on the principal sum to be returned to EPFO?
2. Will that be until 31.3.2019, or which date precisely?
3. Will pension arrears have an interest element by EPFO until 31.3.19 or some cut-off date?
4. If my pension arrears receivable are less than the payable amount, will I have to remit the difference to EPFO?
5. If my pension arrears receivable are more than the payable amount, will EPFO give me the difference?
6. What is the timeline you envisage for the above process?
The 14th March 2019 circular from the Additional Commissioner PF (Pensions) says that the PF department should send a calculation sheet. Are they doing so in your expert opinion, Sir?
Regards
From India, Tiruchirappalli
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Dear Mr. Narasimhan T.S.,
Yes, you will get arrear pension at Rs. 19,141/- (Rs. 20,126 - Rs. 1,075) for 7 years and 4 months (12/2011 to 3/19) = 88 months, which amounts to Rs. 16,84,408 (Approx).
Regarding interest on the arrear pension, I have mentioned in my correspondences with EPFO authorities about the same. However, I have learned from my ex-colleagues that they have not received interest on their arrear pension amount. I will request the same from EPFO authority after receiving my arrear pension. Currently, I have deposited the refund amount but have not yet received the enhanced pension/arrear pension.
Concerning the adjustment of refundable pension contribution from arrear pension, my request for the same has been rejected by EPFO authority on the grounds that there is no mention of such adjustment in the Supreme Court order. Instead, it is stated that EPFO can request a refund of differential pension contribution with updated interest from pensioners.
The EPFO authority is providing the pensioners with a calculation sheet of the refundable amount for the entire period, which I have received.
Regards,
S.K. Hota
Bhubaneswar
From India, Calcutta
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Yes, you will get arrear pension at Rs. 19,141/- (Rs. 20,126 - Rs. 1,075) for 7 years and 4 months (12/2011 to 3/19) = 88 months, which amounts to Rs. 16,84,408 (Approx).
Regarding interest on the arrear pension, I have mentioned in my correspondences with EPFO authorities about the same. However, I have learned from my ex-colleagues that they have not received interest on their arrear pension amount. I will request the same from EPFO authority after receiving my arrear pension. Currently, I have deposited the refund amount but have not yet received the enhanced pension/arrear pension.
Concerning the adjustment of refundable pension contribution from arrear pension, my request for the same has been rejected by EPFO authority on the grounds that there is no mention of such adjustment in the Supreme Court order. Instead, it is stated that EPFO can request a refund of differential pension contribution with updated interest from pensioners.
The EPFO authority is providing the pensioners with a calculation sheet of the refundable amount for the entire period, which I have received.
Regards,
S.K. Hota
Bhubaneswar
From India, Calcutta
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Dear Narasimhan Sir,
I beg your pardon for my absence over the past couple of days, which prevented me from visiting citehr. However, I am pleased to see that our friend SK Hota has provided you with the correct answer. Since pension processing is handled by a separate department that only acts upon directions from the PF department regarding the receipt of refunds, in order to release pensions at revised rates, I do not believe that adjusting the amount payable from the pension arrears would be feasible.
From India, Kannur
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I beg your pardon for my absence over the past couple of days, which prevented me from visiting citehr. However, I am pleased to see that our friend SK Hota has provided you with the correct answer. Since pension processing is handled by a separate department that only acts upon directions from the PF department regarding the receipt of refunds, in order to release pensions at revised rates, I do not believe that adjusting the amount payable from the pension arrears would be feasible.
From India, Kannur
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Dear Mr. Madhu TK,
Thank you for your considered advice, and Mr. S.K. Hota's considered advice on my queries. I am attaching the Madras High Court Judgment of 27.3.19 and some excerpts:
vi) "In cases where the refund of the amount by any employee with interest is higher than the enhanced pension with arrears payable to him, the refund shall be insisted upon. In cases where the refund, after calculation, is lower than the arrears of pension payable to the employee, the same shall be adjusted while disbursing the arrears to the employees concerned."
May this information be helpful.
iii) The employees, namely, the writ petitioners, shall be permitted to exercise their option in terms of Proviso to Clause 11(3) of the Pension Scheme. While permitting this, the EPFO is at liberty to seek the return of the higher Provident Fund contribution received by the respective employees with simple interest at the rate of 6% per annum from the date of receipt of the Provident Fund amount until the date of payment.
You had earlier mentioned 6% interest (simple interest), Mr. Hota mentioned a higher interest rate than this, which may provide some relief.
I look forward to your thoughtful advice.
Regards
From India, Tiruchirappalli
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Thank you for your considered advice, and Mr. S.K. Hota's considered advice on my queries. I am attaching the Madras High Court Judgment of 27.3.19 and some excerpts:
vi) "In cases where the refund of the amount by any employee with interest is higher than the enhanced pension with arrears payable to him, the refund shall be insisted upon. In cases where the refund, after calculation, is lower than the arrears of pension payable to the employee, the same shall be adjusted while disbursing the arrears to the employees concerned."
May this information be helpful.
iii) The employees, namely, the writ petitioners, shall be permitted to exercise their option in terms of Proviso to Clause 11(3) of the Pension Scheme. While permitting this, the EPFO is at liberty to seek the return of the higher Provident Fund contribution received by the respective employees with simple interest at the rate of 6% per annum from the date of receipt of the Provident Fund amount until the date of payment.
You had earlier mentioned 6% interest (simple interest), Mr. Hota mentioned a higher interest rate than this, which may provide some relief.
I look forward to your thoughtful advice.
Regards
From India, Tiruchirappalli
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The Madras High Court judgement as above clears for Exempted and unexempted organisation please. Regards
From India, Tiruchirappalli
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From India, Tiruchirappalli
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I think Hota has provided an interest rate just as an example, not the exact interest rate. What I understand is a 6% per month interest rate. Yes, the Madras High Court ruling applies to exempted establishments as well. The same has been reiterated in the recent Supreme Court verdict too.
From India, Kannur
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From India, Kannur
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Dear Mr. S.K Hota,
Can you kindly advise on how to elicit a proper response from EPFO, Rohtak, Haryana in my case? I have asked them for the calculation sheet, but there has been no response, as is often the case with Government Departments. I have now copied Mr. Rajesh Bansal, HQ Additional PF Commissioner.
Do I have to wait until the May 2, 2019, judgment as the Honorable Supreme Court may need to rule on another SLP filed by EPFO/Ministry of Labor?
Any advice, sir!
Regards
From India, Tiruchirappalli
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Can you kindly advise on how to elicit a proper response from EPFO, Rohtak, Haryana in my case? I have asked them for the calculation sheet, but there has been no response, as is often the case with Government Departments. I have now copied Mr. Rajesh Bansal, HQ Additional PF Commissioner.
Do I have to wait until the May 2, 2019, judgment as the Honorable Supreme Court may need to rule on another SLP filed by EPFO/Ministry of Labor?
Any advice, sir!
Regards
From India, Tiruchirappalli
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Dear Pensioners and Others,
I happened to come across the EPFiGMS Grievance Management Portal, where you can lodge your grievances. Perhaps this will be helpful. The portal includes a provision in the combo box for enhanced pensions! Upon lodging your grievance, you will receive a prompt acknowledgement number too.
You can access the portal at: [EPFiGMS Grievance Management Portal](https://epfigms.gov.in/Grievance/LodgeSuccessOthers)
Regards,
From India, Tiruchirappalli
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I happened to come across the EPFiGMS Grievance Management Portal, where you can lodge your grievances. Perhaps this will be helpful. The portal includes a provision in the combo box for enhanced pensions! Upon lodging your grievance, you will receive a prompt acknowledgement number too.
You can access the portal at: [EPFiGMS Grievance Management Portal](https://epfigms.gov.in/Grievance/LodgeSuccessOthers)
Regards,
From India, Tiruchirappalli
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Dear EPS 95 Pensioners,
For enhanced pension and arrears, impending Hon'ble SC verdict on 2.5.2019. I am confident that the Hon'ble Supreme Court verdict expected on 2.5.2019 will bring more clarity and reprieve to pensioners so that EPFO gives in. In this context, I wish to submit to the Ld. Advocates who are fighting tooth and nail for our cause to kindly ensure in their petitions/arguments, including but not limited to the following requests:
1. Exempted/un-exempted organizations are on the same platform.
2. Clear-cut ruling as to people who retired on or before 1.9.2014 are covered for enhanced pension.
3. The differential amount payable to EPFO is without interest specifically (taking cue from MP, Indore High Court Order). If interest is included, then it should not be more than 6%, which the Madras High Court has observed on a simple interest basis.
4. If the amount due from the Pensioner is less than arrears, then EPFO should adjust the amount due from the Pensioner and pay the net amount to the pensioner. This will ease the hassle of recovery and paying, which will create a problem for the pensioners at the concluding part of their lives!
5. If the amount of the differential is more than the arrears dues, then EPFO should call for the net amount from Pensioners.
6. EPFO should send the calculation sheet to pensioners of EPS95 for necessary compliance within a month of the order.
7. Effective date of payment of arrears from EPFO should be made clear.
8. Effective date of enhanced pension should be within 3 months from the date of the order.
9. Minimum amount of Pension to EPS95 should be considered at Rs. 10,000/- or pension, whichever is higher, and should be linked with DA, etc., every year.
I do hope I have covered the points of concern of EPS 95 Pensioners. If any issue is left out, kindly add them in comments for our Ld Advocates to consider in their arguments.
Thanks and regards,
T S Narasimhan.
From India, Tiruchirappalli
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For enhanced pension and arrears, impending Hon'ble SC verdict on 2.5.2019. I am confident that the Hon'ble Supreme Court verdict expected on 2.5.2019 will bring more clarity and reprieve to pensioners so that EPFO gives in. In this context, I wish to submit to the Ld. Advocates who are fighting tooth and nail for our cause to kindly ensure in their petitions/arguments, including but not limited to the following requests:
1. Exempted/un-exempted organizations are on the same platform.
2. Clear-cut ruling as to people who retired on or before 1.9.2014 are covered for enhanced pension.
3. The differential amount payable to EPFO is without interest specifically (taking cue from MP, Indore High Court Order). If interest is included, then it should not be more than 6%, which the Madras High Court has observed on a simple interest basis.
4. If the amount due from the Pensioner is less than arrears, then EPFO should adjust the amount due from the Pensioner and pay the net amount to the pensioner. This will ease the hassle of recovery and paying, which will create a problem for the pensioners at the concluding part of their lives!
5. If the amount of the differential is more than the arrears dues, then EPFO should call for the net amount from Pensioners.
6. EPFO should send the calculation sheet to pensioners of EPS95 for necessary compliance within a month of the order.
7. Effective date of payment of arrears from EPFO should be made clear.
8. Effective date of enhanced pension should be within 3 months from the date of the order.
9. Minimum amount of Pension to EPS95 should be considered at Rs. 10,000/- or pension, whichever is higher, and should be linked with DA, etc., every year.
I do hope I have covered the points of concern of EPS 95 Pensioners. If any issue is left out, kindly add them in comments for our Ld Advocates to consider in their arguments.
Thanks and regards,
T S Narasimhan.
From India, Tiruchirappalli
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Thanks for your input. My suggestions for the issues to be taken up by advocates arguing the case are as follows:
1. EPFO should proactively calculate the arrears, eligible pension amount on clearing any differences, and the eligible date of commencement of arrears without waiting for any application from pensioners/subscribers. EPFO possesses all the records of subscribers, eliminating the need for subscribers to provide any details. EPFO has been using this tactic to delay action.
2. Pension orders should be issued immediately with detailed calculations. EPFO has been very opaque in this regard. The pension order should also specify the survivor pension amount.
Regarding the compensation for these advocates, I am willing to contribute. This forum could potentially serve as a catalyst for fund collection if needed.
I initially believed that the Supreme Court's judgment of 02/04/19, as reported in TOI dated 03/04/19 (attached), was the final decision. However, I have yet to obtain a copy of the SC order. If anyone has a copy, please share. Also, what are the expected issues for the order on 25/04/19?
From India, Thane
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1. EPFO should proactively calculate the arrears, eligible pension amount on clearing any differences, and the eligible date of commencement of arrears without waiting for any application from pensioners/subscribers. EPFO possesses all the records of subscribers, eliminating the need for subscribers to provide any details. EPFO has been using this tactic to delay action.
2. Pension orders should be issued immediately with detailed calculations. EPFO has been very opaque in this regard. The pension order should also specify the survivor pension amount.
Regarding the compensation for these advocates, I am willing to contribute. This forum could potentially serve as a catalyst for fund collection if needed.
I initially believed that the Supreme Court's judgment of 02/04/19, as reported in TOI dated 03/04/19 (attached), was the final decision. However, I have yet to obtain a copy of the SC order. If anyone has a copy, please share. Also, what are the expected issues for the order on 25/04/19?
From India, Thane
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Dear Mr. Raghavant,
A nice suggestion indeed on hiring legal counsel! However, whether it is possible now, only a legal luminary can advise. The Supreme Court order dated 1.4.2019 was brief and concise.
For your information, the Supreme Court order ratified the Kerala High Court order of October 2018 and dismissed the SLP of EPFO. The details are as follows:
SLP D.9610/19
ITEM NO.33 COURT NO.1 SECTION XI-A
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.9610/2019
(Arising out of the final judgment and order dated 12-10-2018 in WPC No. 602/2015 in WPC No.13120/2015 passed by the High Court of Kerala at Ernakulam)
THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. Petitioner(s)
VERSUS
SUNIL KUMAR B & ORS. Respondent(s)
(With applications for delay in filing SLP, exemption from filing copy of the judgment, and interim relief)
Date: 01-04-2019 This petition was heard today.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s): Mr. Keshav Mohan, Adv.
Mr. Prashant Kumar, Adv.
Mr. Rishi K. Awasthi, Adv.
Mr. Santosh Kumar - I, AOR
For Respondent(s): Mr. Nishe Rajen Shonker, AOR
Mr. Anu K. Joy, Adv.
Mr. Alam Anvar, Adv.
Dr. K.P. Kylasanatha Pillay, Sr. Adv.
Mr. A. Venayagam Balan, AOR
Mr. V.S. Lakshmi, Adv.
Mr. Roy Abraham, Adv.
Ms. Seema Jain, Adv.
Mr. Himinder Lal, Adv.
Mr. E.M.S. Anam, Adv.
Upon hearing the counsel, the Court made the following order:
Heard learned counsel for the petitioners and perused the relevant material.
Delay condoned.
We find no merit in the special leave petition. It is, accordingly, dismissed.
Any pending applications stand disposed of.
(Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master
On 2.5.2019, issues regarding a review sought by EPFO, clarity on exempt and non-exempt organization, possibly on differential payments, interest, etc., are expected to be heard. There is also a contempt petition against EPFO scheduled for the same day. This might bring the long-awaited reprieve.
Regards
From India, Tiruchirappalli
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A nice suggestion indeed on hiring legal counsel! However, whether it is possible now, only a legal luminary can advise. The Supreme Court order dated 1.4.2019 was brief and concise.
For your information, the Supreme Court order ratified the Kerala High Court order of October 2018 and dismissed the SLP of EPFO. The details are as follows:
SLP D.9610/19
ITEM NO.33 COURT NO.1 SECTION XI-A
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.9610/2019
(Arising out of the final judgment and order dated 12-10-2018 in WPC No. 602/2015 in WPC No.13120/2015 passed by the High Court of Kerala at Ernakulam)
THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. Petitioner(s)
VERSUS
SUNIL KUMAR B & ORS. Respondent(s)
(With applications for delay in filing SLP, exemption from filing copy of the judgment, and interim relief)
Date: 01-04-2019 This petition was heard today.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s): Mr. Keshav Mohan, Adv.
Mr. Prashant Kumar, Adv.
Mr. Rishi K. Awasthi, Adv.
Mr. Santosh Kumar - I, AOR
For Respondent(s): Mr. Nishe Rajen Shonker, AOR
Mr. Anu K. Joy, Adv.
Mr. Alam Anvar, Adv.
Dr. K.P. Kylasanatha Pillay, Sr. Adv.
Mr. A. Venayagam Balan, AOR
Mr. V.S. Lakshmi, Adv.
Mr. Roy Abraham, Adv.
Ms. Seema Jain, Adv.
Mr. Himinder Lal, Adv.
Mr. E.M.S. Anam, Adv.
Upon hearing the counsel, the Court made the following order:
Heard learned counsel for the petitioners and perused the relevant material.
Delay condoned.
We find no merit in the special leave petition. It is, accordingly, dismissed.
Any pending applications stand disposed of.
(Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master
On 2.5.2019, issues regarding a review sought by EPFO, clarity on exempt and non-exempt organization, possibly on differential payments, interest, etc., are expected to be heard. There is also a contempt petition against EPFO scheduled for the same day. This might bring the long-awaited reprieve.
Regards
From India, Tiruchirappalli
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Dear Mr. Narasimhan & Mr. T.K.Madhu,
1.With regard to interest charged by EPFO over differential Pension contribution,I am to clarify that our RPFC office(Viz, Bhubaneswar) has furnished the detail calculation sheet of differential amt with interest from 1995 to till date of deposit of refund to each Pensioners .From the said calculationsheet it is clear that they have charged interest on every month @ Interest declared by EPFO for each year e.g.@12% from Dec’96 toJun,2000,@11@ from jul,2000 to Mar’01,@9.5% fromApri’01 to Mar’05,@8.5% from Apr’05 to Mar’10,@9.5% fromApr’10 to Mar’11,@8.25% from Apr’11 to Mar’12,@8.5% from Mar’12 to Mar’13,@ 8.75% fro Apr’13 to Mar’15,@ 8.80 From Apr’15 to Mar’16,@8.65% from Apr’16 to Mar’17,@8.55% from Apr’17 to Mar’19.Although I have been drawing pension from 1.7.13 onwards(i.e. after retirement),EPFO has not charged interest @ 6% on my diferential amount.As I have already deposited the refund amt with interest as calculated by EPFO,let me first see how much arrear pension they are giving me,then ,if they will not pay interest over my arrear pension from 1/7/13 till release of the same,then I will write to them to pay me the interst at EPFO declared rate.I don’t find any logic/justification in not allowing the interest to me on arrear pension,when they have taken interest at said rate from me on monthly rest basis from 1/7/13 till Mar'19.
2.With regard to elicit response from PF authority,I have been representing my case to concerned RPFO with copy to Zonal Addnl CPFC ,APFC(Pen),HQ,EPFO,Delhi & CPFC,HQ,EPFO,Delhi & sending reminders to them every 10 to 15 days interval subsequently by email only.Of course it will take some months.
3.Let us see what verdict SC gives on 2/5/19
Regards,
S.K.Hota
Bhubaneswar(Odisha)
From India, Calcutta
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1.With regard to interest charged by EPFO over differential Pension contribution,I am to clarify that our RPFC office(Viz, Bhubaneswar) has furnished the detail calculation sheet of differential amt with interest from 1995 to till date of deposit of refund to each Pensioners .From the said calculationsheet it is clear that they have charged interest on every month @ Interest declared by EPFO for each year e.g.@12% from Dec’96 toJun,2000,@11@ from jul,2000 to Mar’01,@9.5% fromApri’01 to Mar’05,@8.5% from Apr’05 to Mar’10,@9.5% fromApr’10 to Mar’11,@8.25% from Apr’11 to Mar’12,@8.5% from Mar’12 to Mar’13,@ 8.75% fro Apr’13 to Mar’15,@ 8.80 From Apr’15 to Mar’16,@8.65% from Apr’16 to Mar’17,@8.55% from Apr’17 to Mar’19.Although I have been drawing pension from 1.7.13 onwards(i.e. after retirement),EPFO has not charged interest @ 6% on my diferential amount.As I have already deposited the refund amt with interest as calculated by EPFO,let me first see how much arrear pension they are giving me,then ,if they will not pay interest over my arrear pension from 1/7/13 till release of the same,then I will write to them to pay me the interst at EPFO declared rate.I don’t find any logic/justification in not allowing the interest to me on arrear pension,when they have taken interest at said rate from me on monthly rest basis from 1/7/13 till Mar'19.
2.With regard to elicit response from PF authority,I have been representing my case to concerned RPFO with copy to Zonal Addnl CPFC ,APFC(Pen),HQ,EPFO,Delhi & CPFC,HQ,EPFO,Delhi & sending reminders to them every 10 to 15 days interval subsequently by email only.Of course it will take some months.
3.Let us see what verdict SC gives on 2/5/19
Regards,
S.K.Hota
Bhubaneswar(Odisha)
From India, Calcutta
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Thanks so much Mr.S.K.Hota So nice of you for detailed reply. As I am overseas in Europe I Could not write in detail promptly. Regards
From India, Tiruchirappalli
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From India, Tiruchirappalli
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Mr.Narasimhan/Mr. T.K.Madhu, Kindly enlighten about supreme court’s verdict on 2/5/19 on EPS pension . Regards, S.K.Hota, Bhubaneswar
From India, Calcutta
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From India, Calcutta
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Mr.Narasimhan/Mr. T.K.Madhu, Kindly enlighten about supreme court’s verdict on 2/5/19 on EPS pension . Regards, S.K.Hota, Bhubaneswar 29th May 2019 From India, Calcutta
From India, Calcutta
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From India, Calcutta
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I am yet to find the verdict of 2nd May. Please bear with me for the time being
From India, Kannur
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From India, Kannur
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Thank you Dear Madhuji. Regards, S.K.Hota, Bhubaneswar 01/06/19
From India, Calcutta
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From India, Calcutta
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Dear Mr. T.K.Madhuji,
I have not received any response from you till date.
With reference to my post dtd.29/4/19,I am to inform you that in the mean time, I have received enhanced pension from EPFO on 30/5/19 & arrear enhanced pension on 28/6/19(I had depositted the refund amount with EPFO on 4/4/19).EPFO has charged PF interest at monthly rest as declared from year to year fro 1/11/19 to31/3/19 over my differential pension contribution,but in the arrear pension they have not paid any interest over my arrear pension from 1/7/13 till 29/5/19.They have simply multiplied the enhanced monthly pension with the no. of months from 1/7/19 to 29/5/19.
But,surprisingly,the EPFO regional offices have now put on hold in processing the cases of disbursement of enhanced pension as per verdict of hon’ble Supreme Court w.e.f.June’19 in view of review petition(Diary No.16281/2019) filed by EPFO against the order of Hon’ble Supreme Court in the matter of SLP No.8658-8659 of 2019( on EPFO’s appeal against the verdict of Kerala H.C. passed on 1/4/19)).They are returning the Refund amount already deposited by EPS Pensioners,retired prior to 1/9/14.Even the ministry of Labour ,GOI has also appealed against the verdict allowing higher pension proportionate to the salary saying that there would be an additional burden of Rupees ten lakh crores.The S.C. has decided to consider the appeal of MOL together with the Review Petition filed by EPFO.The SC has adjourned the case to 5/9/19.
The present move by MOL & CPFO has created a confusion amongst the lakhs of retired EPS pensioners of exempted establishments.
In the circumstances,kindly advise as to whether,I will write to EPFO to pay interest on my arrear enhanced pension from 1/7/13 till May’19.Also kindly enlighten me if any retired govt employee has received his arrear pension after many years of his dt. of retirement,he has been paid interest on such arrear pension.
I also request my fellow CITEHRians ,those who have retired prior to 1/9/14 and got enhanced EPS pension from EPFO to enlighten about the interest rate they were charged on their differential pension contribution from the dt. of their retirement till the disbursement of 1st monthly enhanced pension and if any interest they have been paid over their such arrear enhanced pension.
Regards,
S.K.Hota
Bhubaneswar(Odisha)
28/7/19
From India, Calcutta
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I have not received any response from you till date.
With reference to my post dtd.29/4/19,I am to inform you that in the mean time, I have received enhanced pension from EPFO on 30/5/19 & arrear enhanced pension on 28/6/19(I had depositted the refund amount with EPFO on 4/4/19).EPFO has charged PF interest at monthly rest as declared from year to year fro 1/11/19 to31/3/19 over my differential pension contribution,but in the arrear pension they have not paid any interest over my arrear pension from 1/7/13 till 29/5/19.They have simply multiplied the enhanced monthly pension with the no. of months from 1/7/19 to 29/5/19.
But,surprisingly,the EPFO regional offices have now put on hold in processing the cases of disbursement of enhanced pension as per verdict of hon’ble Supreme Court w.e.f.June’19 in view of review petition(Diary No.16281/2019) filed by EPFO against the order of Hon’ble Supreme Court in the matter of SLP No.8658-8659 of 2019( on EPFO’s appeal against the verdict of Kerala H.C. passed on 1/4/19)).They are returning the Refund amount already deposited by EPS Pensioners,retired prior to 1/9/14.Even the ministry of Labour ,GOI has also appealed against the verdict allowing higher pension proportionate to the salary saying that there would be an additional burden of Rupees ten lakh crores.The S.C. has decided to consider the appeal of MOL together with the Review Petition filed by EPFO.The SC has adjourned the case to 5/9/19.
The present move by MOL & CPFO has created a confusion amongst the lakhs of retired EPS pensioners of exempted establishments.
In the circumstances,kindly advise as to whether,I will write to EPFO to pay interest on my arrear enhanced pension from 1/7/13 till May’19.Also kindly enlighten me if any retired govt employee has received his arrear pension after many years of his dt. of retirement,he has been paid interest on such arrear pension.
I also request my fellow CITEHRians ,those who have retired prior to 1/9/14 and got enhanced EPS pension from EPFO to enlighten about the interest rate they were charged on their differential pension contribution from the dt. of their retirement till the disbursement of 1st monthly enhanced pension and if any interest they have been paid over their such arrear enhanced pension.
Regards,
S.K.Hota
Bhubaneswar(Odisha)
28/7/19
From India, Calcutta
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It is interesting to see that two PF Offices in Kerala have already started paying pension based on actual salary without waiting for the Supreme Court verdict to come. I have a few friends in Trivandrum who were asked to pay back the difference amount of PF drawn and have started getting pension at enhanced rates.
From India, Kannur
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From India, Kannur
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Kerala Regional offices have been prompt. In fact, in one of the circulars issued by EPFO to regional offices urging them to take action on applications received for enhanced pension, EPFO had drawn attention to the applications acted upon by regional offices, with Kerala being prominent.
In fact, the Government and EPFO have been desperately trying to delay issuing enhanced pension. An appeal by the Ministry of Labour cites a fund requirement of 10 lakh crores. However, the Supreme Court, in its order, had specifically stated that the fund positivity can't be cited as a reason for stopping a welfare scheme.
From India, Thane
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In fact, the Government and EPFO have been desperately trying to delay issuing enhanced pension. An appeal by the Ministry of Labour cites a fund requirement of 10 lakh crores. However, the Supreme Court, in its order, had specifically stated that the fund positivity can't be cited as a reason for stopping a welfare scheme.
From India, Thane
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I again request my fellow CITEHRians, those who have retired prior to 1/9/14 and got enhanced EPS pension from EPFO, to enlighten about the interest rate they were charged on their differential pension contribution from the date of their retirement till the disbursement of the first monthly enhanced pension (i.e., REFUND AMOUNT) and if any interest they have been paid by EPFO over their such arrear enhanced pension from the date of retirement till the drawal of enhanced pension.
Regards,
S.K. Hota
Bhubaneswar, Odisha
From India, Calcutta
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Regards,
S.K. Hota
Bhubaneswar, Odisha
From India, Calcutta
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Dear Madhu Sir / SK Hota Sir,
Thank you for all the contributions in this forum.
As of now, can the retiring employees get the enhanced pension as per the Supreme Court order? If they are not giving, is it because of the appeal by MOL and CEPFO? When is this case expected to be heard?
Would like to know if the PF offices are accepting applications for the enhanced pension and releasing the same.
Thanks,
Sreevalsan
From India, Coimbatore
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Thank you for all the contributions in this forum.
As of now, can the retiring employees get the enhanced pension as per the Supreme Court order? If they are not giving, is it because of the appeal by MOL and CEPFO? When is this case expected to be heard?
Would like to know if the PF offices are accepting applications for the enhanced pension and releasing the same.
Thanks,
Sreevalsan
From India, Coimbatore
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I understand that EPFO will accept higher pension requests only when we produce a court order. However, that is not required because the dictum of the Supreme Court should be applicable to all citizens, for which separate orders are not required. If they object and do not pay the higher pension, then you will have to go to court, collect an order, and submit it to EPFO.
From India, Kannur
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From India, Kannur
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Please find attached a statement showing the data on contributions to PF and Pension fund, along with details such as the establishments worked at and duration of service.
Please let me know if I am eligible for enhanced pension as per SC's orders. If so, what would be the approximate pension per month that I would receive? Additionally, what would be the approximate arrears that I would need to pay back to EPFO?
For your information, I submitted a prescribed application form duly filled with all necessary details and supporting documents from my former employers to the RPFC in Chennai two years ago. However, there has been no response from the RPFC thus far.
Despite my subsequent and repeated email reminders and phone calls to both the RPFC and the Chief PF Commissioner in New Delhi, I have not received any reply. I understand that the matter is currently under litigation.
Based on the statement provided, please inform me if I am eligible for enhanced pension. If your answer is affirmative, I will address the matter accordingly.
Thank you,
Anonymous
From India, Chennai
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Please let me know if I am eligible for enhanced pension as per SC's orders. If so, what would be the approximate pension per month that I would receive? Additionally, what would be the approximate arrears that I would need to pay back to EPFO?
For your information, I submitted a prescribed application form duly filled with all necessary details and supporting documents from my former employers to the RPFC in Chennai two years ago. However, there has been no response from the RPFC thus far.
Despite my subsequent and repeated email reminders and phone calls to both the RPFC and the Chief PF Commissioner in New Delhi, I have not received any reply. I understand that the matter is currently under litigation.
Based on the statement provided, please inform me if I am eligible for enhanced pension. If your answer is affirmative, I will address the matter accordingly.
Thank you,
Anonymous
From India, Chennai
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Please refer to thread No 58 (query) There was an inadvertent mistake in furnishing the attachment . NOW it is attached so as to be read as part of the query Anonymous
From India, Chennai
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From India, Chennai
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The statement shows the total contribution over a certain period. In order to know whether you are eligible for a higher pension, what is required is the salary on which your employer used to contribute his share of the contribution. If he used to contribute based on your actual salary, which was above Rs 15,000, then you would be eligible to receive a higher pension based on that salary on which the employer had contributed to PF. On the other hand, if he had paid only on Rs 15,000, your pension would be based on Rs 15,000 only.
From India, Kannur
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From India, Kannur
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Dear Madhuji,
It is shocking to receive the biggest blow by EPFO to stop payment of my enhanced pension (after the SC judgment on Mr. Gupta's Case in 2016) along with several colleagues who retired prior to 1.9.14. EPFO is sending notices to recover lakhs of rupees from us on the plea of excess payment of pension. This merciless action has been taken by the EPFO against the old pensioners after the 3-member SC Bench, headed by Justice U. Lalit, admitted the review petition filed by EPFO and the Central Labour Ministry against the above SC judgment of 2016.
What are your views on this action of EPFO, and what is the ruling of the SC held so far?
With Regards,
S.K. Hota
From India, Calcutta
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It is shocking to receive the biggest blow by EPFO to stop payment of my enhanced pension (after the SC judgment on Mr. Gupta's Case in 2016) along with several colleagues who retired prior to 1.9.14. EPFO is sending notices to recover lakhs of rupees from us on the plea of excess payment of pension. This merciless action has been taken by the EPFO against the old pensioners after the 3-member SC Bench, headed by Justice U. Lalit, admitted the review petition filed by EPFO and the Central Labour Ministry against the above SC judgment of 2016.
What are your views on this action of EPFO, and what is the ruling of the SC held so far?
With Regards,
S.K. Hota
From India, Calcutta
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In my opinion, this is a shameful political game. This was expected when the central government also became a party to the case supporting the EPFO. This is something that a law-enforcing body should not do, especially against pensioners. This happens only in India where the common man has to bear the loss of a public sector bank when crores of rupees from that bank were looted by a businessman. This happens only in India where laws are enacted for the benefit of a section of people who do not want that benefit. No more comments...
From India, Kannur
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From India, Kannur
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I would like to request all the community members (who were retired prior to 1/9/2014 and received enhanced pension over actual wages after depositing arrear pension contributions from 16.11.95 till their retirement) to enlighten each other through this portal if they have now been denied the enhanced pension and asked to deposit the excess pension amount with EPFO. If so, what action have they taken or are planning to take.
S.K. Hota
Bhubaneswar, Odisha
From India, Calcutta
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S.K. Hota
Bhubaneswar, Odisha
From India, Calcutta
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Yes as per SC Judgement no differentiation between the exempted and non exempted organisation.
From India, Tiruchirappalli
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From India, Tiruchirappalli
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Yes there is no distinction between exempted and non exempted organisation.
From India, Tiruchirappalli
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From India, Tiruchirappalli
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SC on 4.11.2022 ruled that there is no distinction between Exempted and unexempted organisation. So exempted organisation employee wii get same benefits of un exempted Organisation.
From India, Tiruchirappalli
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From India, Tiruchirappalli
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