One of my colleague ,whose mother expired in Jan 2012. She has worked in an organisation ( where PF Act 1952 is applicable ) for more than 10 years. She has only her son as legal heir. At the time of her death her son has just completed 25 years of age. When he has claimed pension Fund withdrawl through Form 10C, form rejected, stating that the member ( Mother ) has worked for more than 10 years hence not eligible for withdrawl benefits. The monthly Pension is not payable since her son has completed 25 years. Now which are the options available for getting the pension fund.
SDP
From India, Kolhapur
30SDP
From India, Kolhapur
Dear S.D. Patil,
If her son is the only legal heir, he is entitled to get life long pension (even after attaining 25 years' age) equal to widow/widower pension. If her pensionable salary is Rs. 6500, minimum pension will be Rs. 2051.
Abbas.P.S
From India, Bangalore
If her son is the only legal heir, he is entitled to get life long pension (even after attaining 25 years' age) equal to widow/widower pension. If her pensionable salary is Rs. 6500, minimum pension will be Rs. 2051.
Abbas.P.S
From India, Bangalore
Dear Mr. Patil,
I am not agree with the views of Mr. Abbas.
Plz. note, as per EPF Act:
# If a member completes 10 year of membership under EPF Act, then in this case he / she is eligible for EPF Pension Scheme. Under this scheme, the member get Pension after attending age of 50/58 Years.
# 2 for the family members also eligible for Pension, in which, Son ( should be below age of 25) and daughter (should be unmarried).
So, in conclusion of this, in the above case, your friend is not eligible to get pension under the EPF Act and there is no other way to get the Pension Fund withdraw.
From India, Delhi
I am not agree with the views of Mr. Abbas.
Plz. note, as per EPF Act:
# If a member completes 10 year of membership under EPF Act, then in this case he / she is eligible for EPF Pension Scheme. Under this scheme, the member get Pension after attending age of 50/58 Years.
# 2 for the family members also eligible for Pension, in which, Son ( should be below age of 25) and daughter (should be unmarried).
So, in conclusion of this, in the above case, your friend is not eligible to get pension under the EPF Act and there is no other way to get the Pension Fund withdraw.
From India, Delhi
Dear Bhuvan C Arya,
For those die as a member of EPF before attaining an age of 58 years, there is no question of completion of 50/58 years of age.
As the member already completed 10 years service, nominee is entitled to get life long pension. I feel the son is the only legal heir of the decesed member, she might have nominated her son. In such cases age of 25 years restriction is not applicable. Also in EPS this age factor is common to both sons and daughters. Hence if the daughter is entitled to get pension even after her marriage at par with the male children.
If the member already completed 58 years' age, arrears of pension (from the date of copmletion of 58 years till the date of death) has to go to the legal heir.
Abbas.P.S
From India, Bangalore
For those die as a member of EPF before attaining an age of 58 years, there is no question of completion of 50/58 years of age.
As the member already completed 10 years service, nominee is entitled to get life long pension. I feel the son is the only legal heir of the decesed member, she might have nominated her son. In such cases age of 25 years restriction is not applicable. Also in EPS this age factor is common to both sons and daughters. Hence if the daughter is entitled to get pension even after her marriage at par with the male children.
If the member already completed 58 years' age, arrears of pension (from the date of copmletion of 58 years till the date of death) has to go to the legal heir.
Abbas.P.S
From India, Bangalore
Dear Abbas Sir,
As per the explanation given in THE EMPLOYEE'S PENSION SCHEME, 1995 (Updated as on 01.10.2008):
(vii) "Family" means:
(i) wife in the case of male member of the Employees' Pension Fund;
(ii) husband in the case of a female member of the Employees' Pension Fund ; and
(iii) sons and 2[***] daughters of a member of the Employees' Pension Fund ; 2[***]. The word "unmarried" omitted, ibid (w.e.f. 16 th March, 1996)
' Explanation: The expression "sons" and "daughters" shall include children 3***[legally adopted by the member]; 3[***]. Subs. Ibid., for "adopted by the member legally before death in service" (w.e.f. 16th March, 1996) .
And,
(3)Monthly children pension: - -
(a) If there are any surviving children of the deceased member, falling within a definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow / widower pension.
(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2) (a) (i) provided that minimum monthly children pension for each child of the deceased member shall not be less than 31[**][Rs. 150/- per month.] 31[**] Subs. by G.S.R dated 12th January 2000;
32[**][(c ) Monthly children pension shall be payable until the child attains the age of 25 years.]; 32[**]. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f. 16th March, 1996).
(d ) The monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.
Hope this will clear your doubt, and will help you in future.
From India, Delhi
As per the explanation given in THE EMPLOYEE'S PENSION SCHEME, 1995 (Updated as on 01.10.2008):
(vii) "Family" means:
(i) wife in the case of male member of the Employees' Pension Fund;
(ii) husband in the case of a female member of the Employees' Pension Fund ; and
(iii) sons and 2[***] daughters of a member of the Employees' Pension Fund ; 2[***]. The word "unmarried" omitted, ibid (w.e.f. 16 th March, 1996)
' Explanation: The expression "sons" and "daughters" shall include children 3***[legally adopted by the member]; 3[***]. Subs. Ibid., for "adopted by the member legally before death in service" (w.e.f. 16th March, 1996) .
And,
(3)Monthly children pension: - -
(a) If there are any surviving children of the deceased member, falling within a definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow / widower pension.
(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2) (a) (i) provided that minimum monthly children pension for each child of the deceased member shall not be less than 31[**][Rs. 150/- per month.] 31[**] Subs. by G.S.R dated 12th January 2000;
32[**][(c ) Monthly children pension shall be payable until the child attains the age of 25 years.]; 32[**]. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f. 16th March, 1996).
(d ) The monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.
Hope this will clear your doubt, and will help you in future.
From India, Delhi
Dear Bhuwan C Arya,
Your posting is regarding family. But my posting is regarding nominee. Nominee is entitled to get pension regardless of age. Age is applicale on child pension, but not on nominee pension.
Abbas.P.S
From India, Bangalore
Your posting is regarding family. But my posting is regarding nominee. Nominee is entitled to get pension regardless of age. Age is applicale on child pension, but not on nominee pension.
Abbas.P.S
From India, Bangalore
Mr. Bhuwan C Arya has quoted the Act and made the point. If there is any supporting provision in the Act for the other stand taken by Mr. Abbas PS, he should substantiate it by citing the relevant provisions in the Act for agreeing with him.
From India, Madras
From India, Madras
Dear Abbas Sir,
As per my knowledge, there are only three types of Pension:
1. Member Pension;
2. Widow / Widower Pension;
3. Children Pension.
1. Member Pension: Member pension is given to the EPF Member who has completed 10 year of service, after attending the age of 50 (for reduced pension) / 58 (for full pension).
2. Widow / Widower Pension: Widow / Widower Pension is paid to spouse of the member as per the Act, in case of his/her death.
3. Children Pension:Children Pension is paid to the two elder children of the deceased member as per the Act, in equal ratio.
If the Nominee will be "Spouse", then he / she will get pension as per "Widow / Widower Pension". Whereas, if the Nominee will be "Child", then he / she will get pension as per "Children Pension".
Learned members are requested to plz. correct me, if there is any thing wrong.
From India, Delhi
As per my knowledge, there are only three types of Pension:
1. Member Pension;
2. Widow / Widower Pension;
3. Children Pension.
1. Member Pension: Member pension is given to the EPF Member who has completed 10 year of service, after attending the age of 50 (for reduced pension) / 58 (for full pension).
2. Widow / Widower Pension: Widow / Widower Pension is paid to spouse of the member as per the Act, in case of his/her death.
3. Children Pension:Children Pension is paid to the two elder children of the deceased member as per the Act, in equal ratio.
If the Nominee will be "Spouse", then he / she will get pension as per "Widow / Widower Pension". Whereas, if the Nominee will be "Child", then he / she will get pension as per "Children Pension".
Learned members are requested to plz. correct me, if there is any thing wrong.
From India, Delhi
Dear Bhuvan C Arya and B Pugazhendhi,
Mr. Bhuvavan C Arya has cited the provisions of family. I am fully agree with him in this regard. But here the question is different. If there is no eligible member within the family to recieve pension, what will happen? EPS-95 is not a benefit awarded by the Government or any other bodies. It is the returns on the investment made by the member. Therefore it should not be denied to the member and somebody has to receive on behalf.
For the same there is provision in the scheme. Kindly go through the provision 16 (5) (a)." A member who is not married or who does not have any living spouse and/ or an eligible child may nominate a person to receive benefits.......... In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to widow pension........."
Abbas.P.S
From India, Bangalore
Mr. Bhuvavan C Arya has cited the provisions of family. I am fully agree with him in this regard. But here the question is different. If there is no eligible member within the family to recieve pension, what will happen? EPS-95 is not a benefit awarded by the Government or any other bodies. It is the returns on the investment made by the member. Therefore it should not be denied to the member and somebody has to receive on behalf.
For the same there is provision in the scheme. Kindly go through the provision 16 (5) (a)." A member who is not married or who does not have any living spouse and/ or an eligible child may nominate a person to receive benefits.......... In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to widow pension........."
Abbas.P.S
From India, Bangalore
The provisions of Para 16(5)(a) of the Employees Pension Scheme, 1995 is applicable only in those cases where the subscriber is not married (or) the spouse is not alive at the time of death of the subscriber and/or there is no living eligible (below 25 yrs old) children. In the case under consideration, as explained in Post # 1, the subscribed was married. Her spouse's status is not given. The child is above 25 yrs. Therefore, none is eligible for family pension. Nomination is not valid in such cases. Nomination is valid only where the subscriber is not married.
The husband, if alive and eligible for pension, will be eligible for family pension.
A question may arise as to whether it would be proper for the benefits to be not given to anybody and kept with the fund itself. The answer is that the Employees Pension Scheme itself is a scheme based on cross-subsidy. Therefore, there cannot be any straight line relationship between the subscription made by the subscriber and the benefits he/she gets or does not get!
From India, Madras
The husband, if alive and eligible for pension, will be eligible for family pension.
A question may arise as to whether it would be proper for the benefits to be not given to anybody and kept with the fund itself. The answer is that the Employees Pension Scheme itself is a scheme based on cross-subsidy. Therefore, there cannot be any straight line relationship between the subscription made by the subscriber and the benefits he/she gets or does not get!
From India, Madras
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PF guidleines for Pension fund.pdf