EPS 1995-Benefit of actual salary exceeding wage limit as per Supreme Court Judgment. Member cannot be debarred from exercising higher wages to pension fund
EMPLOYEES’ PROVDENT FUND ORGANISATION
Ministry or Labour & Employment, Govt. of India
No: Pension-I/12/33/EPS Amendment/96/Vol.II/34007 Dated: 23 March, 2017
To
All Regional P.F. Commissioner,
Regional Office/Sub-Regional Office
Subject – Allowing members of the Employees’ Pension Scheme, 1995 the benefit of the actual salary in the Pension Fund exceeding wage limit of either Rs. 5000/– or Rs. 6500 per month from the effective date respectively as per the Hon’ble Supreme Court’s order in SLP No.33032-33033 of 2015 – Regarding
Sir,
The matter of determination of pensionable salary exceeding statutory wages ceiling and exercise of option under deleted proviso to Para 11(3) of the EPS, 95 was examined in the light of the Hon’ble Supreme Court’s Order in SLP No.33032-33033 of 2015.
2. The Hon’ble Apex court in SLP No. 33032-33033 of 2015 observed that the reference to the date of commencement of the Scheme or the date on which the salary exceeds the ceiling limit are dates from which the option exercised are to be reckoned with for calculation of pensionable salary. The said dates are not cut-off dates to determine the eligibility of the employer-employee to indicate their option under the proviso to Clause 11(3) of the Pension Scheme . It has further been observed that a beneficial Scheme, ought not to be allowed to be defeated by reference to a cut-off date, particularly, in a situation where (as in the present case) the employer had deposited 12% of the actual salary and not 12% of the ceiling limit of Rs. 5000/- or Rs. 6500/- per month, as the case may be.
In a situation wher the deposit of the employer’s share at 12% has been on the actual salary and not the ceiling amount, the Provident Fund Commissioner could seek a return of all such amounts that the concerned employees may have taken or withdrawn from their Provident fund Account before granting them the benefits of the proviso to Clause 11(3) of the Pension Scheme. Once such a return is made in whichever cases such return is due, consequential benefits in terms of this order will be granted to the said employees.
Thus a member contributing to the Provident Fund on the wages exceeding the statutory ceiling or who had contributed to the Provident Fund on the wages exceeding the Statutory ceiling cannot be debarred from exercising higher wages to the pension fund. (Copy of the order of the Hon’ble Supreme Court enclosed)
3. Accordingly a proposal was sent to MOL&E to allow members of the Employees’ Pension Scheme, 1995 who had contributed on higher wages exceeding the statutory wage ceiling of Rs. 6500/- in the Provident Fund to divert 8.33% of the salary exceeding Rs 6500/- to the Pension Fund with up to date interest as declared under EPF Scheme, 1952 from time to time to get the benefit of pension on higher salary on receipt of joint option of the Employer and Employee.
4. The MOL&E vide letter dated 03.2017 has conveyed its approval to allow members of the Employees’ Pension Scheme, 1995 who had contributed on higher wages exceeding the statutory wage ceiling of Rs. 6500/- in the Provident Fund to divert 8.33% of the salary exceeding Rs.6500/- to the Pension Fund with up to date interest as declared under EPF Scheme, 1952 from time to time to get the benefit of pension on higher salary on receipt of joint option of the Employer and Employee. (copy enclosed for ready reference)
5. The officers in charge of all field offices are directed to take necessary action accordingly in accordance with the order of the Hon’ble Supreme Court in SLP No.33032- 33033 of 2015 as approved by the Government and as per the provisions of the EPF & MP Act, 1952 and Schemes framed there under.
(This issues with the approval of CPFC.)
Yours faithfully ,
(Dr. S.K. Thakur)
Addl. Central PF Commissioner , HQ (Pension)
i have joined on 24.10.1989 in private pharmaceutical company where pf in trusty. I will retire on 31.3.2019. how much pension can i get through eps 95 ?
Whether ur fund was managed by EPFO,or other entity/trust.? You may apply for,to EPFO fulfilling ur willingness to pay deferential amount with interest to EPFO for considering ur request for enhancement in pension.Take acknowledge receipt for the same
Can I get 10 times to existing pension,i.e..Rs.17460/-p.m.?My details are as below:-Abhyudaya Co-Op.Bank Ltd, Mumbai , Employer,1Retied as Manager,on 30.09.2008.2.Last Salary drawn Approx Rs 40,000/-+other allow, bonus 20%of total annual salaries,I m ready to pay differential amount with interest to EPFO . According to the decision/Order of SC ,shall I eligible to apply to EPFO?
Respected Sir,
I started my job with M/s Elecon Engg.Ltd. in 1978eith 5000 rs. Salary
Is was mamber of EPF 1995
I have retired in 1998.
At oresant I am geting 1082 Rs. per month Pension.
Can I get Banifits of More then this Amount in my monthly pension.
Thank and regards
Anton Macwan
I HAD RETIRED IN 2010 AND SUBMITTED MY CLAIM PETITION FOR THE ENHANCED PENSION AS PER SC ORDER DATED 04/10/2016 IN FEBRUARY, 2018. I WAS SUMMONED TO APPEAR IN REGIONAL EPFO, TIRUNELVELI, TAMILNADU FOR SOME CLARIFICATION AND CONFIRMED ALL ARE IN ORDER. BUT, THEY ASKED FOR A COPY OF ‘EXERCISE OF OPTION FORM’ TO JOINT THE SCHEME, SITING EPFO LETTER NO.PENSION-1/12/33/EPS AMENDMENT/96 VOL.II DATED 31 MAY 2017 PARA iii WHICH SAYS THUS ‘EXERCISE OF OPTION UNDER PARA 26 (6)OF THE EPF SCHEME 1952 IS A PRECURSOR TO EXERCISE OF OPTION UNDER PROVISO TO CLAUSE 11 (3) OF THE PENSION SCHEME.’ THEY SAID WITHOUT A COPY OF SUCH EXERCISE OF OPTION LETTER I CANNOT BE ELIGIBLE FOR THE ENHANCED PENSION, ALSO THEY REFUSED TO GIVE THE SAME IN WRITING. PLEASE ADVISE. THANKS.
Ref Pension Payment order PBCHD00022086
Account no xxxxxxxxxx
Aadar no xxxxxxxxxxxx
Dear Sir,
Kindly refer my above EPF details,presently I am getting a monthly pension of Rs 1960/-
I was retired on 1-12-2011,
Now please let me know how much I will get as monthly pension as per the order of Hon’ble Supre court order for revised pension for full amount, and what are the formalities to be doen from my side for getting the revised pension.
Please revert.
Regards
Balakrishnan
Dear sir,
As per the supreme court order the Ministry of labour and employment has also issued the order to give the minimum pension under EPS 95 scheme. but even after writing to the minister of Finance and Ministry of labour and em ployement so many times and also to the Honourable prime minister of india the sr,aged people who are eligible for pension are eagarly awaiting this implementation. but the centre govt is still not taking any action upon the EPFO to carryout the order as per the S.C order 33032 and 33033. Atleast considering the old age and minimum period of life the EPFO commissioner should do the implementation to all the states EPF office to release the minimum pension. Pl. do it immediately.
Dear Sir,
My salary was well above the ceiling amount (2500, 5000, 6500). For me, PF deduction & employer share (both 12%) were on the actuals. The pension contribution was paid as per ceilng and the balance was paid with employer share. I retired on 23.08.2016 and i am getting pension as per ceiling.
I am eligible for the higher pension. When I approached EPFO, they are asking Form 3A again which the employer’s are refusing. How to get the higher pension?
Kindy help. I am from Chennai.
Regards, N.VELRAJAN,
In this situation the Central PF COMMISSIONER should issue very clear directions to all the Regional PF Commissioners to settle/revise the pension amount of all the employees comes under 1995 pension scheme
At the same time CPFC should publish notification in the prominent news papers including Regional news papers the procedure to be adopted by the retired employees for consideration for payment of enhanced pension amount to the employee, in view of the recent supreme court verdict.
At present the bunches of applications are pouring in the office of the Regional PF Commissioners
office those may be incomplete and lying unattended. Even concern Trusts/Offices are in confused stage.
I hope the concerned employee”s Organisation should take up this matter with the Central Provident Commissioner Office to sort out this long pending and most confused issue.
I retired in 2007 at present my pension 1078
I worked from 2091 to 2009 and pension mature in 2007 what increased in pension after court decide
Sir, I was working in co-op bank and retired in Nov. 2016. Out of employer share of 12% only max. of Rs.541 & Rs. 1250/- was deposited in Pension Fund and balance was deposited in PF. Now how can I apply for higher pension by re-depositing the money withdrawn from PF which was to be deposited in Pension fund by the employer. The error arose due to maximum limit fixed by PF of Rs.6500/ and Rs. 15000/. Kindly guide me and if possible mail me the format for re depositing the money and claim higher pension.
Thanks
Naresh
Sir,
I retired on 31.07.2014 and getting EPS Pension since July 2014 Rs.2.36/- would the recent judgement of Honble supreme Court would be effective in my case or not. Kindly let me know.
Thanking You, Sir,
S.Radha,
I have superannuated on 31.8.2017 and i am getting Rs. 2577.00 pm pension wef 1.9.2015 .As per supreme court verdict how much pension is admissible and how much amount to be refunded to EPFO
Sir/Madam,
I am a pension holder foom 1/1/17 as from that date i have cross thr age factor-58 years.Still i am in service as our retairement age is 60 years. Presently my pension amount is 2790/month. please let me
know weather i will get the benefit of the new rule. If yes then how much will be the amount,I seek your repply as early as possible.
i was retired on july 2016 my basic salary on retirement was 24970/-how much willbemypension
waiting to know the information
Dear Sirs,
I recently left my job in 2017 after a of service 25 years with the company and have not withdrawn my PF due to me till date hoping that some betterment will happen in the social security for the private employees.
And therefore, I would like to know form the concerned authorities when will the Honorable Supreme Court’s order for the revision of EPS @ 8.33% of actual Basic salary be implemented by EPFO?
I am anxiously waiting to know the above information.
Thanks and Regards
Sir, I retired in Oct.2011 and am getting only Rs.1856/-pm under EPS95. I retired from an exempted PSU. I have already issued a letter to Delhi ;Jhilmill colony to allow me higher pension as per Supreme Court order in September, 2017 but there is no reply from them. I am waiting for a reply otherwise shall send them a reminder.
The members of EPFO have mentioned their queries above blocks are not replied by the experts of the EPFO, Govt. of India or by the private agencies dealing in this case. the above queries are quite covering all problems faced by us. Please arrange to reply them at the earliest.
E P F O is not allowing higher pension option to employees in service or retired on or after 01-09-2017
SIR —- I was retired in 1998 from a private organisation of Jabalpur . I was given monthly pension of Rs. 450. Now I am in KHARGONE MP 451001 and started getting minimum pension
of Rs. 950 ( 1000 – 50 ) from EPF office Indore . Till date I could neither receive any antimation nor
Revised Pension or Revised minimum pension . I would like know when and how much pension I should get . My PPO No. is 36259 of EPF Indore where as my Jabalpur PPO . was 1990. Thanks.
i am retired as manger (sales) in march 2005,from cooptex chennai my salary was at the time of
retirement is 6500/=(basic) can i get arrears asper Supreme Court .orders
July 25, 2017. Shrinagesh Murlidhar Kulkarni Sir, I getting monthly pension ₹ 1860, now wgat will be me pension and arreas.
I am retired from service from an NGO in June 2015 and getting Rs 2373 monthly pension as per EPF & Misc.Provisions act 1952. Our Institution has contributed 8.33% of actual salary (Basic+DA) to the pension corpus of the employee.will there be an increase in my monthly pension.Thank You
Dear sir/ Madam,
I have worked in cooperative sugars in A.P. from 1978 under the administrative control of Govt of A.P. and became member of EPF from 1980.I retired from service on 31-08-2012.on superannuation of 58 years. Earlier I was a member of EPF pension scheme 1951. Later I became member of 1995 scheme. My employer paid 12% contribution on my total salary more than Rs.6500/- since beginning.Now I am getting a pension of Rs.1950/- only per month.According to Hon’ble Supreme court judgement ,Am I eligible for increased pension? how much? What is the procedure for getting the higher pension? My last drawn pay (Basic+ DA) was Rs.86,650/-per month.
I shall be highly thankful if advice me.
Thanking You.
I joined 1976 than i was a member of EP S 1995 than i retired on 2008 at present i am getting
RS 1100/ let me know whom to contact for new Supreme Court order how much we will get
me muradhussain s% shree babu Khan retayrd buking clerk workar rajasthan state transport carporation central bus stand.ajmer.rajasthan..my epf painsion is monthly rupees 2189 only.my life bahut dyniye hai.central govt please rekmmimimamnmanded epf painsion every month minimam 6500.please …
I retired from NTPC (exempted EPF establishment) on 31/12/2013 and drawing pension of Rs 1979. The above letter of EPFO has been superseded by letter of 31/05/2017 which says employees of exempted establishments are not eligible for the enhanced pension. Is it not violating the SC judgement? What is the remedy for retiree like me?
Sir,
I have retired in the year 2013 (58 years) in terms of EPF pensioner, presently I am getting 2233/- p.m.Kindly let me know whether, I would be benefited out of the recent SC order towards hike in pension.
Regards;
R.K. KARMAKAR
Dear Sir,
We have been covered under the P F Trust and when
this will be implemented . Your early implementation
gives us re-birth to all the old-age retired employees those who have
been neglected by the Single Family Society.
Do not worry atall, as per supreme court verdict your pension will be 10 fold more wit backlogs.
Dear Sir,
I am getting only Rs. 1000 as pension. I lost my husband in 1993. At that time I got only Rs. 400 & someting per month then 658 and now 1000. Whether I am eligible for the new pension as per supreme court’s order which is declared on 23rd March 2017.
Thanks.
Sir, whether we have to approach the PF office to get the redressal or PF office only call us for compliance of supreme court order. Anybody can highlight how many days it takes for implementation of order.
In all practicality, pay a vist to concerned office and make a written submission
Respected sir,
I was retired in march 2009.presently i am getting 1589/- pr month pension .how much pension i expect?i am already submitted documents.
I was retired in June 2013 presently I getting rs2201/_per month
Pension how much pension expected? I am speak to commissioner officer bharkatpura Hyderabad
Dear Sir,
I was retire in March 2015 whether i am eligible for new pension as per suprime court order.
Dear Sir,
I SHALL BE THANKFUL TO U IF U WOULD ENLIGHTEN ME WITH SUPREME COURT]]
JUDGEMENT SO THAT I CAN SUBMIT MY PAPERS FOR INCREASE PENSION SCHEME UNDER
EPS -1995. I RETIRED IN 2009 FROM Everest Industries Ltd after working over 36 years .
Presently I am getting Rs 1085/- pension permonth
Thanks,
Dhan Kishore Mehra
Thanks to the Apex court judgement in SLP 33032&33033 of 2015 &10013 of 2016 .Sir , I have been retired on 30-9-2013 after superannuation from Confed Haryana ,a state government undertaking . I am a member of EPS-95 . My employer deposited it’s share as well as employees share on statutory limit upto 28-2-2005 and wef 1-3-2005 , my employer started depositing employees as well as employer share @ 12% on actual salary . Kindly tell me the period to be counted for the determination of my pension on actual salary . I am ready to deposit the amount @ 8.33% on the differential amount not deposited in pension fund after 1-3–2005 as well as @8.33% on the differential actual salary from 1995-96 .
LET THE CONCERNED REGIONAL OFFICE PUBLISH A RIDER SHOWING THE METHOD OF CALCULATING THE PENSION AS PER THE ORDER OF SC.THERE SHOULD BE NO CONFUSION IN WORKING OUT THE CORRECT PENSION,AS LARGE NUMBER OF RETIRED PERSONS WILL BE BE AFFECTED BY THIS ORDER.
I WHEN RETIRED ON 31.12.2007 AT THE AGE OF 60 YEARS EPF 95 PENSION RESTRICTED FOR 58 AGE I.E.ADMISSIBLE UPTO 2005 ONLY AND I RENDERED SERVICES IN FOOD CORPORATION OF IN SUBSEQUENY TRANSFER FROM FOOD DEPARTMENT AND SERICES MERGED IN 1969 MARCH. ON COMMUTATION EPF PENSION I WAS EARLIES DRAWN Rs 480 DUE TO MISTAKE OF EPF AGAIN THEY RE VISED AND DRAWN RS991/ PRSENTLY. I HAVE RENDERED MY SERVICES NEARABOUT 39 YEARS AND 7 MOTH WEF 24.5.1968 ONWARDS HOW MUCH I WILL HAVE REMIT MY CONTRIBUTIO9N TO REVISE MY 95 EPF PENSION I AM READY TO REMIT ARREARS AT A GLANCE AT THIS STAGE ,HENCE PL CALCULATE AND INFORM ACCCORDINGLY
I joined service on 1/1/1975 and retired on 31/08/2008 last salary drawn Rs.19656/_and getting pension Rs.1485/_.asper SC order how much pension I expect?
I joined service in National Textile Corporation Govt.of India Undertaking as on 1/1.1975 and I retired on 31/08/2008.I drawn salary (old)rs.19656/-on retirement date.however During 2014 I got 6th pay diff. From 1/1/2007 to 31/08.2008_as on retired date my salary was Rs.23000/_(total basic+da) asper SC order how much pension I expect?
sir,
please let me know when this scheme is implemented at present iam getting rs.2257 pension from Oct 2015.
Dear sir,
I retired in 2012 December and getting EPS pension since 16.12.2010 and the amount of pension at present is Rs 2031. Would the recent judgement of Hon’ble Supreme court would be effective in my case or not. My pensionable salary was RS 6500/-. Kindly let me know.
Thanks
Chandan Guha Barman, Kolkata.
I am getting pension @ Rs.1597/- p.m. since September,2009. Though my employer, an exempted establishment, contributed to the Provident Fund @ 12% on higher salary, only 8.33% of the statutory limit of Rs.6500/- was diverted to Employees’ Pension Fund.
I intend to get the benefit as per supreme court ruling. Is it permissible or not ?
My establishment is an exempted establishment. Kindly let me know the Supreme Court ruling for exempted establishment.
I join service on January 2000& retirement date is 30 / 6 /2019 my EPF contribution is12%of total salary of ₹25000 please told me that I can get a pension
hello sir , please update us , my father is receiving pension Rs 1333 per month, if the rule was apllicable now in 2017 , how to process further.
This rule when implement.when we get new pension .
Sir/Madam,
I am getting monthly pension Rs.2048/- now what will be my Pension and arrears.
Thanks
I am getting monthly penssion Rs.1122/- now what will be my penssion and whether i will get arrears of my penssion and upto when .
Presently I am getting a monthly pension of Rs. 1702 only. What should I do to get full pension?
Presently I am getting Rs 1105 per month . I retired in 2003 June 2003
I had joined the service in February 1973
How much pension I will get with this decision and what formalities I need to do
Anil Dharashivkar
Thanks . presently I am getting only Rs 2000/-
Dear Sir,
Thanks for above. At present I am getting Rs. 925/- per month with any increase in this Pension since March, 2005.
Please let me know that I am eligible for this Order given by S.C. and if yes, what is to be done for getting this facility.
Thanking you,
Hemant Biwalkar
98927 98251.
Sir pls tell me my father is getting only 1750₹ pension .this rule is implemented on which department? If this rule is implemented all departments
This rule when will be implemented?
This is about the Pension payable under Employees’ Pension Scheme 1995 framed under the Employees’ Provident Funds & Miscellaneous Provisions Act 1952. This Pension is released by the Employees’ Provident Fund Organisation [Government of India, Ministry of Labour & Employment] through the concerned Office.
If the Pension of your father is a benefit under Para 12 or 16 of the Employees’ Pension Scheme 1995, the concerned Office of the EPFO may be approached for a proper reply.
The said Judgment of Hon’ble Supreme Court is required to be read with the Proviso of sub-para (3) of Para 11 of the Employees’ Pension Scheme 1995