Dear All,
In case an employee had two wive's ( Not in the knowledge of the current employer ) and in the course of his employment he died , While making application for Pension under EPS , Who should be legal heir ?
First Wife or the Second .? To add to this assume both the marriages are registered under the relevant Statue and both the wives has two child below 25 years of age . Both of them are willing to make the claim ?
In such a scenario , what should the employer do ?
From India, Rohtak
15In case an employee had two wive's ( Not in the knowledge of the current employer ) and in the course of his employment he died , While making application for Pension under EPS , Who should be legal heir ?
First Wife or the Second .? To add to this assume both the marriages are registered under the relevant Statue and both the wives has two child below 25 years of age . Both of them are willing to make the claim ?
In such a scenario , what should the employer do ?
From India, Rohtak
In this case his legitimate wife shall be eligible for pension. Naturally that will be one cant to two atsame time in this case. Legal heir shall be who sovever vaild in eye of law shall be final heir
Regards
P K Mishra
From India
Regards
P K Mishra
From India
According to me, Wife who is legal heir will get benefit. In case of Muslim there is provision upto 4 wife's as per muslim law. If that is case each wife will get equal share.
Srs pls correct me if I am wrong.
From India, Hyderabad
Srs pls correct me if I am wrong.
From India, Hyderabad
Dear Avinash
First get yourself clarified with the situation.
Is the deceased belongs to muslim community or any other.
But in India, Govt Employees are prohibited to have two living wife (even for muslims too).
If anyone have in your company who got married first (whether registered or not; no matter), will be considered as legal heir and the second one will always be considered as illegimate only. Hence they are not eligible for any claim.
Only the First wife is always eligible to have all the settlement of Mr. deceased employee.
As a matter of fact you check with his personal insurance policy or bank account, whatever he was holding, for getting the correct nomination details, if your company does not maintain Nomination details in the personal records of employees by HR department.
From India, Kumbakonam
First get yourself clarified with the situation.
Is the deceased belongs to muslim community or any other.
But in India, Govt Employees are prohibited to have two living wife (even for muslims too).
If anyone have in your company who got married first (whether registered or not; no matter), will be considered as legal heir and the second one will always be considered as illegimate only. Hence they are not eligible for any claim.
Only the First wife is always eligible to have all the settlement of Mr. deceased employee.
As a matter of fact you check with his personal insurance policy or bank account, whatever he was holding, for getting the correct nomination details, if your company does not maintain Nomination details in the personal records of employees by HR department.
From India, Kumbakonam
Dear All.
Mr.Bhaskar pointed out correctly.
Here I am reproducing the section and notes dealing with this matter for the benefit of the members
"Benefits to the family on the death of a member.
16. (1) 24[Pension to the family] shall be admissible from the date following the date of death of the member if the member dies :—
(a) while in service, provided that at least one month’s contribution has been paid into the Employees’ Pension Fund, or
(b) after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members’ pension but 25[before the commencement of pension payment, or],
(c) after commencement of payment of the monthly members pension.
Note.—The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of paragraph 12.
(2) (a) The monthly widow pension shall be :—
(i) In the cases covered by clause (a) of sub-paragraph (1) equal to the monthly member’s pension which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table “C” whichever is more.
(ii) In the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members pension which would have been admissible as if the member had retired on the date of exit or 26[Rs. 450] per month or the amount indicated in Table “C” whichever is more.
(iii) In the cases covered by clause (c) of sub-paragraph (1), equal to 50 per cent of the monthly members pension payable to the member on the date of his death subject to a minimum of 26[Rs. 450] per month.
27[(iv) In all the cases, where the amount of family pension sanctioned under the ceased Family Pension Scheme, 1971, and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month.]
(b) The monthly widow pension shall be payable up to the date of death of the widow or re-marriage, whichever is earlier.
Note.—In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term “eldest” would mean seniority with reference to the date of marriage"
Please go through the last para to know more about the case of two widows.
Dear Boss just imagine a case like this
First Wife Age 50
Second Wife age 52
Here the first wife will get Pension and on her death second wife will get it.
First wife though she is younger, because of the seniority in her marriage she is eligible for pension.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
Mr.Bhaskar pointed out correctly.
Here I am reproducing the section and notes dealing with this matter for the benefit of the members
"Benefits to the family on the death of a member.
16. (1) 24[Pension to the family] shall be admissible from the date following the date of death of the member if the member dies :—
(a) while in service, provided that at least one month’s contribution has been paid into the Employees’ Pension Fund, or
(b) after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members’ pension but 25[before the commencement of pension payment, or],
(c) after commencement of payment of the monthly members pension.
Note.—The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of paragraph 12.
(2) (a) The monthly widow pension shall be :—
(i) In the cases covered by clause (a) of sub-paragraph (1) equal to the monthly member’s pension which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table “C” whichever is more.
(ii) In the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members pension which would have been admissible as if the member had retired on the date of exit or 26[Rs. 450] per month or the amount indicated in Table “C” whichever is more.
(iii) In the cases covered by clause (c) of sub-paragraph (1), equal to 50 per cent of the monthly members pension payable to the member on the date of his death subject to a minimum of 26[Rs. 450] per month.
27[(iv) In all the cases, where the amount of family pension sanctioned under the ceased Family Pension Scheme, 1971, and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month.]
(b) The monthly widow pension shall be payable up to the date of death of the widow or re-marriage, whichever is earlier.
Note.—In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term “eldest” would mean seniority with reference to the date of marriage"
Please go through the last para to know more about the case of two widows.
Dear Boss just imagine a case like this
First Wife Age 50
Second Wife age 52
Here the first wife will get Pension and on her death second wife will get it.
First wife though she is younger, because of the seniority in her marriage she is eligible for pension.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
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