Dear JMJSPL,
Was the deceased member of a EPF a/c and paid contributions towards his PF & DLI a/c. I am not sure, prima facie it appears that he is not eligible for pension facility as his qualifying service is only < one month. And in all probability the employer would have not opened his EPF/EPS a/c and remitted the contributions.
For pensionary benefits a member should have contributed atleast for one month. And it's the responsibility of the employer to ensure the compliance. This case has to be examined further with facts and settled case laws and there could be some way out to help the dependents of the deceased.
Here is the Extract from the EPScheme rules to know about the membership/eligibility as per rule:
/xxxx
.["6 A Retention of membership
A member of the Employees' Pension Fund shall continue to be
such member till he attains the ag
e of 58 years or he avails the
withdrawal benefit to which he
is entitled under para 14 of the
Scheme, or dies, or the pension is vested in him in terms of para
12 of the Scheme, whichever is earlier." ]
14. Inserted by G.S.R. dated 22nd
February 1999 (w.e.f. 6.3.99)
15
[
7. Option for joining the Scheme
--
(1) Members referred to under sub-
para (c
xxxxxx
20
[Provided that if at the option of the employer and employee,
contribution paid on salary exceeding
21
[Rupees six thousand
and five hundred /Rs.6500/-] per month from the date of
commencement of this Scheme or
from the date salary exceeds
22
[Rupees six thousand and five hundred /Rs.6500/-] whichever
is later, and 8.33 per cent share of the employers thereof is
remitted into the Pension Fund,
pensionable salary shall be
based on such higher salary.]
20. Inserted ibid w.e.f 16.3.96. 19 & 21 & 22 . Subs. By
GSR 774 (E) dated the 8.10.2001 (w.e.f. 1.6.2001)
23
[12.
Monthly Member’s Pension.
(1) A member shall be entitled to: -
(a)
superannuation
pension if he has rendered eligible
service of 10 years or more
and retires on attaining the age
of 58 years;
(b)
early
pension, if he has rendered eligible service of 10
years or more and retires or otherwise ceases to be in the
employment before attaining the age of 58 years;
xxxxxxxxxxxxx
16. Benefits to the family on the death of a member
(1)
28
[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, provi
ded that at least one month's
contribution has been paid into th
e 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 member's pension but
1[before the commencement of
pension payment or]
(c) after commencement of paym
ent of the monthly member's
pension
Note:- The cases where a member has rendered less than 10
years eligible service on the dat
e of exit but has retained the
membership of the Pension Fund, and dies before attaining the
ge of 58 years, shall be regulated under sub-paragraph (8) of
paragraph 12.
28. Subs. by G.S.R. 134 dated the
28th February, 1996 (w.e.f. 16th March
1996).
(2) (a) The
monthly widow pension
shall be :--
(i) in the cases covered by clause (a) of sub-paragraph (1),
equal to the monthly members
pension which would have been
admissible as if the member ha
d 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
29
[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 mont
hly members pension payable to
the member on the date of his death subject to a minimum of
29
[Rs. 450/- per month.]
29. Subs. by G.S.R. dated 12th January, 2000
30
[(iv) in all the cases, where the amount of family pension
sanctioned under the Ceased Fa
mily 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.]
30. Ins. Ibid. (w.e.f. 29.1.2000)
(b) the monthly widow pension sha
ll be payable upto the date of
death of the widow or remarri
age whichever is earlier.
Note:- In cases where there are 2 or more widows, family
pension shall be payable to the el
dest surviving widow. On her
death it shall be payable to the next
surviving widow, if any. The
term "eldest" would mean seniorit
y with reference to the date of
marriage.
(3)
Monthly children pension
: - -
(a) If there are any surviving children of the deceased member,
falling within a definition of fam
ily, 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 admissibl
e to the widow/widower of the
deceased member as monthly wi
dow pension payable under
sub-paragraph (2) (a) (i) provided that minimum monthly children
pension for each child of the decea
sed 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.
33
[ "(e) If a member dies leav
ing behind a family having son or
daughter who is permanently and
totally disabled such son or
daughter shall be entitled to
payment of monthly children
pension or orphan pension, as the case may be, irrespective of
age and number of children in the family in addition to the
pension provided under clause (d)".]
33. Inserted by G.S.R. 66 dated 22nd
February, 1999 (w.e.f. 6.3.99)
(4) (a) If the deceased member is not survived by any widow but
is survived by children falling within
the definition of family or if
the widow pension is not payable,
the children shall be entitled
to a
monthly orphan pension
equal to 75 per cent of the
amount of the monthly widow
pension as payable under sub-
paragraph (2) (a) (i) provided
that minimum monthly orphan
pension for each orphan shall not be less than
34
[Rs. 250/- per
month.]
34. Subs. by G.S.R 41 dated
12th January 2000
(w.e.f.29.1.2000)
(b) In the event of death or
remarriage of the widow/widower
after sanctioning of widow/widower pension the children shall be
entitled in lieu of the monthly children pension, to a monthly
orphan pension from the date
following the date of
death/remarriage of the widow/widower.
35
](c ) The monthly orphan pens
ion shall be admissible to a
maximum of 2 orphans at a time and shall run in order from the
oldest to the youngest orphan.]
35. Ins. by G.S.R. 134, dated the 28th February,
1996 (w.e.f 16th March 1996).
(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 as laid down her
einafter provided that in the
event of his/her acquiring a fa
mily subsequently, the nomination
so made shall become void. In the event of death of the member
such a nominee shall be entitled to receive a monthly pension
equal to the monthly widow pension, as admissible under sub-
clauses (I) and (ii) of clause (a) of sub-paragraph (2).
36
[ (aa) If a member dies leaving behind no spouse and/or an
eligible child falling within the definition of family and no
nomination by such deceased member exists, the widow
pension shall be paid under
sub-clauses (I) and (ii) of clause (a)
of sub-paragraph 2 either to
dependent father or dependent
mother as the case may be. On
grant of Pension to such
dependant father and in the event
of death of the father
pensioner, the admissible pension shall be extended to the
surviving mother life long]
36. Inserted by G.S.R.66 dat
ed 22nd February, 1999. (w.e.f
6.3.99)
(b) If the deceased member
had not rendered pensionable
service on the date of exit fr
om the employment which would
have made him entitled to a
monthly members pension under
paragraph 12, but had opted to retain the membership of this
Scheme under sub-paragraph (8) of paragraph 12, the
37
[nominee or the dependant father
or the dependant mother as
the case may be ] shall be entit
led to return of capital as
provided in sub-paragr
aph (1) of paragraph 13.
37. Sub. by G.S.R dated
22nd February, 1999 (w.e.f 6.3.99)
38
[
16A. Guarantee of pensionary benefits
None of the pensionary benefit
s under the Scheme shall be
denied to any member or beneficiary for want of compliance of
the requirement by the employ
er under sub-paragraph (1) of
paragraph 3 provided, however, that the employer shall not be
absolved of his liabilities under the Scheme.]
38. Inserted by G.S.R. 134
dated the 28th February 96 (w.e.f. 16th March 1996)
39
[
17. Payments on exercise of option
(1) Beneficiaries of the deceased members of Employees'
Family Pension Scheme, referred
to in sub-para (1) of paragrap xxxxxxxxxxxxx
-----------------
(Pardon me for not aligning paras properly, due to lack of time.)
Pl.verify with the employer about his EPF/EPS status and continue this post so that further guidance could come from learned members.
From India, Bangalore
1075Was the deceased member of a EPF a/c and paid contributions towards his PF & DLI a/c. I am not sure, prima facie it appears that he is not eligible for pension facility as his qualifying service is only < one month. And in all probability the employer would have not opened his EPF/EPS a/c and remitted the contributions.
For pensionary benefits a member should have contributed atleast for one month. And it's the responsibility of the employer to ensure the compliance. This case has to be examined further with facts and settled case laws and there could be some way out to help the dependents of the deceased.
Here is the Extract from the EPScheme rules to know about the membership/eligibility as per rule:
/xxxx
.["6 A Retention of membership
A member of the Employees' Pension Fund shall continue to be
such member till he attains the ag
e of 58 years or he avails the
withdrawal benefit to which he
is entitled under para 14 of the
Scheme, or dies, or the pension is vested in him in terms of para
12 of the Scheme, whichever is earlier." ]
14. Inserted by G.S.R. dated 22nd
February 1999 (w.e.f. 6.3.99)
15
[
7. Option for joining the Scheme
--
(1) Members referred to under sub-
para (c
xxxxxx
20
[Provided that if at the option of the employer and employee,
contribution paid on salary exceeding
21
[Rupees six thousand
and five hundred /Rs.6500/-] per month from the date of
commencement of this Scheme or
from the date salary exceeds
22
[Rupees six thousand and five hundred /Rs.6500/-] whichever
is later, and 8.33 per cent share of the employers thereof is
remitted into the Pension Fund,
pensionable salary shall be
based on such higher salary.]
20. Inserted ibid w.e.f 16.3.96. 19 & 21 & 22 . Subs. By
GSR 774 (E) dated the 8.10.2001 (w.e.f. 1.6.2001)
23
[12.
Monthly Member’s Pension.
(1) A member shall be entitled to: -
(a)
superannuation
pension if he has rendered eligible
service of 10 years or more
and retires on attaining the age
of 58 years;
(b)
early
pension, if he has rendered eligible service of 10
years or more and retires or otherwise ceases to be in the
employment before attaining the age of 58 years;
xxxxxxxxxxxxx
16. Benefits to the family on the death of a member
(1)
28
[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, provi
ded that at least one month's
contribution has been paid into th
e 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 member's pension but
1[before the commencement of
pension payment or]
(c) after commencement of paym
ent of the monthly member's
pension
Note:- The cases where a member has rendered less than 10
years eligible service on the dat
e of exit but has retained the
membership of the Pension Fund, and dies before attaining the
ge of 58 years, shall be regulated under sub-paragraph (8) of
paragraph 12.
28. Subs. by G.S.R. 134 dated the
28th February, 1996 (w.e.f. 16th March
1996).
(2) (a) The
monthly widow pension
shall be :--
(i) in the cases covered by clause (a) of sub-paragraph (1),
equal to the monthly members
pension which would have been
admissible as if the member ha
d 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
29
[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 mont
hly members pension payable to
the member on the date of his death subject to a minimum of
29
[Rs. 450/- per month.]
29. Subs. by G.S.R. dated 12th January, 2000
30
[(iv) in all the cases, where the amount of family pension
sanctioned under the Ceased Fa
mily 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.]
30. Ins. Ibid. (w.e.f. 29.1.2000)
(b) the monthly widow pension sha
ll be payable upto the date of
death of the widow or remarri
age whichever is earlier.
Note:- In cases where there are 2 or more widows, family
pension shall be payable to the el
dest surviving widow. On her
death it shall be payable to the next
surviving widow, if any. The
term "eldest" would mean seniorit
y with reference to the date of
marriage.
(3)
Monthly children pension
: - -
(a) If there are any surviving children of the deceased member,
falling within a definition of fam
ily, 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 admissibl
e to the widow/widower of the
deceased member as monthly wi
dow pension payable under
sub-paragraph (2) (a) (i) provided that minimum monthly children
pension for each child of the decea
sed 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.
33
[ "(e) If a member dies leav
ing behind a family having son or
daughter who is permanently and
totally disabled such son or
daughter shall be entitled to
payment of monthly children
pension or orphan pension, as the case may be, irrespective of
age and number of children in the family in addition to the
pension provided under clause (d)".]
33. Inserted by G.S.R. 66 dated 22nd
February, 1999 (w.e.f. 6.3.99)
(4) (a) If the deceased member is not survived by any widow but
is survived by children falling within
the definition of family or if
the widow pension is not payable,
the children shall be entitled
to a
monthly orphan pension
equal to 75 per cent of the
amount of the monthly widow
pension as payable under sub-
paragraph (2) (a) (i) provided
that minimum monthly orphan
pension for each orphan shall not be less than
34
[Rs. 250/- per
month.]
34. Subs. by G.S.R 41 dated
12th January 2000
(w.e.f.29.1.2000)
(b) In the event of death or
remarriage of the widow/widower
after sanctioning of widow/widower pension the children shall be
entitled in lieu of the monthly children pension, to a monthly
orphan pension from the date
following the date of
death/remarriage of the widow/widower.
35
](c ) The monthly orphan pens
ion shall be admissible to a
maximum of 2 orphans at a time and shall run in order from the
oldest to the youngest orphan.]
35. Ins. by G.S.R. 134, dated the 28th February,
1996 (w.e.f 16th March 1996).
(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 as laid down her
einafter provided that in the
event of his/her acquiring a fa
mily subsequently, the nomination
so made shall become void. In the event of death of the member
such a nominee shall be entitled to receive a monthly pension
equal to the monthly widow pension, as admissible under sub-
clauses (I) and (ii) of clause (a) of sub-paragraph (2).
36
[ (aa) If a member dies leaving behind no spouse and/or an
eligible child falling within the definition of family and no
nomination by such deceased member exists, the widow
pension shall be paid under
sub-clauses (I) and (ii) of clause (a)
of sub-paragraph 2 either to
dependent father or dependent
mother as the case may be. On
grant of Pension to such
dependant father and in the event
of death of the father
pensioner, the admissible pension shall be extended to the
surviving mother life long]
36. Inserted by G.S.R.66 dat
ed 22nd February, 1999. (w.e.f
6.3.99)
(b) If the deceased member
had not rendered pensionable
service on the date of exit fr
om the employment which would
have made him entitled to a
monthly members pension under
paragraph 12, but had opted to retain the membership of this
Scheme under sub-paragraph (8) of paragraph 12, the
37
[nominee or the dependant father
or the dependant mother as
the case may be ] shall be entit
led to return of capital as
provided in sub-paragr
aph (1) of paragraph 13.
37. Sub. by G.S.R dated
22nd February, 1999 (w.e.f 6.3.99)
38
[
16A. Guarantee of pensionary benefits
None of the pensionary benefit
s under the Scheme shall be
denied to any member or beneficiary for want of compliance of
the requirement by the employ
er under sub-paragraph (1) of
paragraph 3 provided, however, that the employer shall not be
absolved of his liabilities under the Scheme.]
38. Inserted by G.S.R. 134
dated the 28th February 96 (w.e.f. 16th March 1996)
39
[
17. Payments on exercise of option
(1) Beneficiaries of the deceased members of Employees'
Family Pension Scheme, referred
to in sub-para (1) of paragrap xxxxxxxxxxxxx
-----------------
(Pardon me for not aligning paras properly, due to lack of time.)
Pl.verify with the employer about his EPF/EPS status and continue this post so that further guidance could come from learned members.
From India, Bangalore
Dear Member,
EPF Covered Employee is eligible for benefits provided under EPS, Please ask specific question by giving all relevant details.If Employee is covered under ESI, his family is eligible to Claim Funeral expense of rs10,000/- please do not make fun of Death of an Employee.Please read your question once again?
From India, New Delhi
EPF Covered Employee is eligible for benefits provided under EPS, Please ask specific question by giving all relevant details.If Employee is covered under ESI, his family is eligible to Claim Funeral expense of rs10,000/- please do not make fun of Death of an Employee.Please read your question once again?
From India, New Delhi
Employee is eligible for EPS provided he is covered under EPF Act.If covered under ESI, eligible for Funeral expense of rs10,000/- please ask specific question giving all details.Please do not ask casual hypothetical questions in this forum
From India, New Delhi
From India, New Delhi
Definitely, Dependent of deceased will get pension if contribution is deposited in epfo even for a month.
From India, Chandigarh
From India, Chandigarh
An employee,working as security guard at night died due to cardiac arrest.
He was married,survived by two children and parents too.Pls help.how can his dependents will be able to avail death benefits from esic and epf.Is family pension applicable from esic,since the employee expired on duty.what forms and documents be required to be submitted by dependents.what is immediate action to be taken by employer on behalf dependents to expedite the claim process.The employee had served for more than three years on contract at client premises.
Client and contrator both want to help dependents and provide max possible relief.
Request members to guide.Thanks.
From India, Vadodara
He was married,survived by two children and parents too.Pls help.how can his dependents will be able to avail death benefits from esic and epf.Is family pension applicable from esic,since the employee expired on duty.what forms and documents be required to be submitted by dependents.what is immediate action to be taken by employer on behalf dependents to expedite the claim process.The employee had served for more than three years on contract at client premises.
Client and contrator both want to help dependents and provide max possible relief.
Request members to guide.Thanks.
From India, Vadodara
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Death while in service letter for pf death claim.docx
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