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

Milind Vadjikar | Answer |Ask -Follow

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

Question by Joe on Jun 07, 2024Hindi

Money

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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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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Question by devulapalli - Apr 19, 2024Hindi

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I have worked 4 organisations from 1987 to 31st December 2021 upon superannuation. My PPO made with Max. Cap on Basic & DA deduction Rs.5000,Rs.6500 & Rs.15000 respectively with weigted average service period as recorded contribution aerrived Rs.3954 as monthly pension which is less than (15000÷70)*30 My doubt is Supreme Court verdict on November 2022 those retaired after 2014 need to finalise on above factor with 60 months average of last basic deducted. May request EPFO to reconsider my PPO on Supreme courts directive get revised PPO. Request to suggest me.

Ans: You may check with your assigned EPFO about the details.

As per reports, the deadline to apply for higher pension under EPS expired in July last year.

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Question by PRESANNAN - Feb 02, 2025Hindi

My question is regarding to eps pension I have completed 14 year service the same company 3 pf account .asper our co norms 55 years was my retirement ie 30.05.2020 but my retirement was given 30.11 2020.and given reappointment from 02.12.2020 and pf and epf deducted and deposited uptpo 31.05.2021 old pf account. 01.06.2021 onwards a new account opend and all amount transferred to new account My contract perod end 30.11.2022. I withdraw my pf account. Now I applied eps claim rejecting due to Joining date wrong as contribution current Co. Pl advice your help Thanks 2 my

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You may change your service record in EPFO system through your current or previous employer after furnishing all documentary proofs substantiating your claim.

Best wishes;

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Question by Pramod - Apr 21, 2025

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I need your support regarding the higher pension scheme of EPFO. I applied for this scheme, but my application was rejected. From what I understand, my request was rejected because my previous employer, Mphasis Ltd., is considered an exempted establishment. However, to the best of my knowledge, when I was employed with Mphasis from 2009 to 2012, it was not an exempted establishment for PF. Could you please assist me in replying to the PF department? Is there any way to get my application approved? Thank you so much in advance.

Ans: Hello;

You will have to fetch documentary evidence of the fact that your employer was not an exempted establishment while you were working there.

This should help else you need to seek professional support.

Best wishes;

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Helo sir, I am 60 years old and have been working in a private institution in hyderabad for 9.7 years. Im.also contributing to my epf account since then. I retired on superannuation @ 58 in August 2023 when i had completed just 7.5 years of service. As im 60 now and completed 9.7 years of service this month, am i eligible for monthly pension? I submitted firm10D online few days ago, but it has been rejected by EPFO stating that im not eligble for monthly pension and i was asked to submit form 10C. Kindly advise.

Ans: Hello;

Eligibility for EPS pension is atleast 10 years of continuous service with continuous contribution towards EPF &EPS during this period.

There is not even one day leniency allowed for this rule so sorry to say but you are not eligible for EPS pension.

Best wishes;

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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