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Confused about EPS95 Pension Eligibility: Employer Didn't Contribute Above Wage Ceiling

Milind

Milind Vadjikar  |592 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Sep 08, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
Joe Question by Joe on Jun 07, 2024Hindi
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EPFO HO circular No. Pension/2022/56259/16541 dated 20.02.2023 issued in pursuance to the Order dated 04.11.2022 of the Hon’ble Supreme Court of India in the mater of SLP(C) Nos.8658-8659 of 2019. There is a deficiency against my application to get higher pension under EPS95 was raised by stating that The Joint Option has been examined in terms of the aforesaid circular dated 20.02.2023 and the following deficiencies has been noted:- (i) The employer has NOT contributed above wage ceiling of Rs.5000/6500 under Para 26(6) of EPF Scheme, 1952 before 01/09/2014. My employer did not contributed above wage ceiling of Rs.5000/6500 under Para 26(6) of EPF Scheme, 1952 before 01/09/2014. Hence please advise about eligibility of higher pension to me. I retired as superannuation on February 18, 2023 and getting monthly pension Rs. 3,429 without any dearness relief hence couldn't meet my both the ends with this pension amount.

Ans: You can make an higher pension claim application to the EPFO Jt. Commissioner. Since your employer has not contributed above the wage ceiling, EPFO may ask you to make onetime lumpsum payment to honour your request of higher pension. You may sue your ex employer for not contributing to EPS as per revised guidelines.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Abhishek

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I Apply for higher pension (epfo) online and said application goes to Employer for approval but Employer not approved because you are not Eligible for higher pension as your basic wages were less or equal to 15000/ so we cannot approve the joint option form please help me in this regards
Ans: Hello,

I understand your concern regarding the application for higher pension through the EPFO online portal. It appears that your employer has not approved the application because they believe you are not eligible for a higher pension due to your basic wages being less than or equal to Rs. 15,000.

To resolve this matter, I recommend taking the following steps:

Verify Eligibility: Double-check your basic wages and service period to ensure that you meet the eligibility criteria for the higher pension. If you believe that you are eligible, gather all relevant documents and evidence to support your claim.

Communicate with Employer: Initiate a conversation with your employer and politely inquire about the reasons for their decision. Seek clarity on their assessment of your eligibility and request them to review your application again, taking into consideration any supporting documentation you might have.

Approach EPFO: If you have already communicated with your employer but have not received a satisfactory response, you can reach out to the EPFO for further assistance. Explain the situation, provide all necessary details, and request their intervention in the matter.

Seek Legal Advice: If all other efforts prove fruitless, you may consider seeking legal advice from a labor attorney or an expert well-versed in pension and EPF matters. They can help assess your situation and guide you on the appropriate course of action.

Remember to remain calm and professional throughout the process, as it will increase the likelihood of a positive resolution. I hope this advice helps, and I wish you success in obtaining the higher pension you are seeking. If you have any further questions or concerns, please feel free to ask.

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Ramalingam

Ramalingam Kalirajan  |6986 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 23, 2024

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This is regarding enhanced pension EPS 95 by EPFO .I am a private sector employee and worked in 3 organizations including current organization. Applied online for enhanced pension through joint option form of EPFO. My first and current organization has approved this joint option form for service rendered in those companies. My second organization is closed and under liquidation. Approval of service of this closed organizations is not happening. I have requested in writing to Liquidator, EPFO also. Lot of grievances on different portal including PG portal were lodged but it is of no use though EPFO has instructed to liquidator to approve but no action and response by them. What is the option for me and solution for this issue. What should be my action for getting it approved. What are the provisions in rule . I have all the service related document of this closed organization. last date for approval by all employer is 31st December. Please guide. Regards Ravindra Pateria
Ans: Dear Ravindra Pateria,

I understand your concern and the urgency you feel regarding the approval of your enhanced pension under EPS 95 by EPFO. It's frustrating when bureaucratic processes become hurdles in securing what's rightfully yours.

Given that you've already taken steps by lodging grievances and reaching out to both EPFO and the liquidator, it might be helpful to escalate the issue further. You could consider writing a formal letter to EPFO, highlighting the urgency and attaching all the necessary documents as proof of your service with the closed organization.

Additionally, you might want to consult with a legal advisor or approach a local EPFO office directly. They might be able to provide guidance on the specific provisions and rules that govern such cases and suggest alternative ways to expedite the approval process.

Remember, persistence often pays off in such situations. Keep all your communications documented and follow up regularly. Wishing you the best in resolving this issue promptly.

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