Dear All
Our firm has got exempted from PF EDLI scheme instead taken a policy from LIC in lieu of PF EDLI accordingly we have not been remitting EDLI contribution in account no 21 in the monthly challan w.e.f the month of our exemption. recently one of our company employee was died due to prolonged illness, now we have to submit form no 20 to claim the members accumulated PF amount and admit that there is full clarity upto this point but i have confusion about filling the Form 5 IF as my consultant has advised me that it is mandatory to fill Form 5 IF also irrespective of EDLI exemption but i have not agreed to this advise as we have got exemption from PF authorities for EDLI and obtained a policy from LIC and need to claim the EDLI amount from LIC only not from the PF Org. so no need to fill Form 5 IF which is conjoined with Form 20 and be kept blank with remarks of Not Applicable . is it right or not or should we fill the Form 5 IF also even if the the firm get exemption? please clarify.
One more query since we got exemption for EDLI and stop remitting of A/c no.21 since long, need we continue to contribute EDLI admn charges @0.001% under A/c no.22? or to desist the remittances if yes on 6500/- or actual basic ?
Please share your views on the above topic.your early reply would be appreciable and obliged with great respect.
with regards
Boppudi Venu
From India, Bangalore
1Our firm has got exempted from PF EDLI scheme instead taken a policy from LIC in lieu of PF EDLI accordingly we have not been remitting EDLI contribution in account no 21 in the monthly challan w.e.f the month of our exemption. recently one of our company employee was died due to prolonged illness, now we have to submit form no 20 to claim the members accumulated PF amount and admit that there is full clarity upto this point but i have confusion about filling the Form 5 IF as my consultant has advised me that it is mandatory to fill Form 5 IF also irrespective of EDLI exemption but i have not agreed to this advise as we have got exemption from PF authorities for EDLI and obtained a policy from LIC and need to claim the EDLI amount from LIC only not from the PF Org. so no need to fill Form 5 IF which is conjoined with Form 20 and be kept blank with remarks of Not Applicable . is it right or not or should we fill the Form 5 IF also even if the the firm get exemption? please clarify.
One more query since we got exemption for EDLI and stop remitting of A/c no.21 since long, need we continue to contribute EDLI admn charges @0.001% under A/c no.22? or to desist the remittances if yes on 6500/- or actual basic ?
Please share your views on the above topic.your early reply would be appreciable and obliged with great respect.
with regards
Boppudi Venu
From India, Bangalore
Hi
Apparently, query posed by Boppudi Venu, with regards to submission of Form 5IF by establishments availing EDLI exemption is not responded or perhaps I have missed out.
Let me add couple of more point and summaries as below:
In event establishment is availing exemption under EDLI scheme, then
• Such establishment are supposed to file Form No. 5IF (along with Form 19) or not
• What is purpose of Certificate to be issued by exempted establishment (page 3 of Form 5IF)
• In case Form 5IF attested by establishment (PF & Pension : un-exempted, EDLI : exempted) along with Form 19, and EPFO disburse EDLI claim then who is responsible for over payment and what are the repercussions:
EPFO is supposed to exercise due diligence before settling EDLI claim or they will simply treat this as wrong attestation of claims and initiate recovery proceedings
against establishment.
Even if responsibility lies with establishment and over payment has occurred due to wrong attestation of claim by establishment, whether EPFO is supposed to explore all possibilities of recovering overpayment from nominee of deceased employee, before initiating recovery proceedings against establishment.
Is there any source to access case laws with regards to overpayment by EPFO
May I request senior’s to guide us
With best regards
Deepak Marathe
From India, Pune
Apparently, query posed by Boppudi Venu, with regards to submission of Form 5IF by establishments availing EDLI exemption is not responded or perhaps I have missed out.
Let me add couple of more point and summaries as below:
In event establishment is availing exemption under EDLI scheme, then
• Such establishment are supposed to file Form No. 5IF (along with Form 19) or not
• What is purpose of Certificate to be issued by exempted establishment (page 3 of Form 5IF)
• In case Form 5IF attested by establishment (PF & Pension : un-exempted, EDLI : exempted) along with Form 19, and EPFO disburse EDLI claim then who is responsible for over payment and what are the repercussions:
EPFO is supposed to exercise due diligence before settling EDLI claim or they will simply treat this as wrong attestation of claims and initiate recovery proceedings
against establishment.
Even if responsibility lies with establishment and over payment has occurred due to wrong attestation of claim by establishment, whether EPFO is supposed to explore all possibilities of recovering overpayment from nominee of deceased employee, before initiating recovery proceedings against establishment.
Is there any source to access case laws with regards to overpayment by EPFO
May I request senior’s to guide us
With best regards
Deepak Marathe
From India, Pune
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