Dear All,
We faced the biggest problem with one of our employees' deaths last month in November 2011. He got married in August 2010, but he did not change his nomination after marriage. Currently, he has a family, which includes his wife and his 5-month-old child. However, in the PF Nomination Form 2, he nominated his mother. Upon thorough study of the regulations, we found that if a member has a family at the time of making a nomination, the nomination should be in favor of one or more persons belonging to his family. Any nomination made in favor of a person not belonging to his family by such a member shall be considered invalid. It is mandated that a member must make a fresh nomination upon marriage, rendering any nomination made before such marriage as invalid.
From India, Thana
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16We faced the biggest problem with one of our employees' deaths last month in November 2011. He got married in August 2010, but he did not change his nomination after marriage. Currently, he has a family, which includes his wife and his 5-month-old child. However, in the PF Nomination Form 2, he nominated his mother. Upon thorough study of the regulations, we found that if a member has a family at the time of making a nomination, the nomination should be in favor of one or more persons belonging to his family. Any nomination made in favor of a person not belonging to his family by such a member shall be considered invalid. It is mandated that a member must make a fresh nomination upon marriage, rendering any nomination made before such marriage as invalid.
From India, Thana
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Dear Kishore,
It is always considered that for unmarried persons, the nominee will be the father and/or mother. For married persons, the nominee will be the wife, children, and then parents. If the legal heir of the deceased is available, then the wife and 2 other members will be entitled to the PF Pension. That's the reason we used to prioritize giving the pension to the wife, the youngest 2 children, or the mother, and then finally to the father and the eldest son.
Thank you, Kishore, for providing valuable information to our members.
From India, Kumbakonam
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It is always considered that for unmarried persons, the nominee will be the father and/or mother. For married persons, the nominee will be the wife, children, and then parents. If the legal heir of the deceased is available, then the wife and 2 other members will be entitled to the PF Pension. That's the reason we used to prioritize giving the pension to the wife, the youngest 2 children, or the mother, and then finally to the father and the eldest son.
Thank you, Kishore, for providing valuable information to our members.
From India, Kumbakonam
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Hi Kishor,
In my opinion, we need to understand the sentence once again. Provided that a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid.
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination is made after marriage (see the word "provided"). In case no nomination is made after marriage, then the nomination made before marriage shall stand valid.
From India, Mumbai
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In my opinion, we need to understand the sentence once again. Provided that a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid.
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination is made after marriage (see the word "provided"). In case no nomination is made after marriage, then the nomination made before marriage shall stand valid.
From India, Mumbai
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Dear Kishor, Can you please quote specific paragraph No and Clause No of the Act wherein it is mandatory to change the nominee after marriage of the employee? Thanks, DVD
From India, Bangalore
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From India, Bangalore
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If a member is married and even if no fresh nomination is submitted, the wife automatically becomes the nominee, and any nomination made prior to his marriage is invalid. Hence, the wife and the child are eligible to receive his PF amount after the sad demise of the member.
From India, Delhi
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From India, Delhi
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Whether there is any nomination or not, a legally wedded wife becomes the legal heir and, thus, the legal claimant for PF benefits in case of the death of an employee. This has been confirmed in a number of judgments delivered by courts in India.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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I think it is not yet clarified because usually in my older company, as soon as an employee gets married, we used to give him fresh nomination forms so that he can change the nomination and give if he wishes. But if he does not submit a nomination after marriage, his parents/persons who are mentioned in the first nomination form will be valid. Because a wife can kill a husband for money and take/claim PF benefits also.
From India, Madras
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From India, Madras
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If wife goes to court against the decision of the company, company will be in trouble. The theory of legal heir is applicable in all circumstances.
From India, Pune
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From India, Pune
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I agree with Mr. Kamal. Whether the previous nomination was done for any number of persons, if a member gets married, then his previous nomination will become invalid, and his wife will be his legal heir and the sole claimant of PF benefits, despite the fact that he has not nominated her. As rightly informed by Mr. Kamal, different courts have given judgments on this.
However, in the case of Gratuity in a similar type of case, the court has ordered 50% of the amount of gratuity for nominated persons and 50% for the wife. But in the case of PF, a widow will be the sole claimant of PF benefits in the event of the death of an employee.
Regards,
Jawed Alam.
From India, Dhanbad
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However, in the case of Gratuity in a similar type of case, the court has ordered 50% of the amount of gratuity for nominated persons and 50% for the wife. But in the case of PF, a widow will be the sole claimant of PF benefits in the event of the death of an employee.
Regards,
Jawed Alam.
From India, Dhanbad
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