EPF related query
Dr. Sharad Garg
(Querist) 29 June 2011
This query is : Resolved
I was appointed in an educational institution in July, 2001. I have served notice period and shall leave the organization in September, 2011. The first year i.e. 2001-02 I was on probation and accordingly EPF was not deducted from salary. EPF was deducted only from second year i.e. July 2002. Am I eligible for Pension? I know I shall not be completing 10 years of continuous contribution to EPF. I am moving to an organization which does not have EPF facility. I wish to avail Pension, so let me know if there is any way out.
A.R.KUPPUSAMI
(Expert) 29 June 2011
An emploee is elegible for pension benefit after the completion of 10 years as EPF contributor. you can avail the benefit from various institutions service terms when total service period touches 120 months.
Ahmed Daud Girach
(Expert) 01 July 2011
From the day one of joining employee must be subscriber of epf.Legally as per EPF Act your contribution should start from July 01 as you are employee, law does not differenciate between Probationer and confirmed employee.You should give in writing to your educational institution and pay the subscription from July 01 to July 02 and if denied ask epf authorities to direct employer to accept your contribution and thus you will complete 10 years subscription.This is as per epf act which say that employees subscription MUST start from Day one.
A K CHANDOK
(Expert) 01 July 2011
Dear Dr.Garg ji,Legally speaking, since you have compeleted 10 years service, as such you are entitled for pension but for want of cotributions from the day of joining, you have to fight for the same by making a complaint to RPFC concerned for seeking compliance from the date of joining as provided under the Act & schemes,even if were you were under probation. ie as per provisions, your employer should have deducted and deposited the EPF contributions from day one of service.
I will suggest that first you should make representation to your employer in the first instance and then to RPFC.
other way is to apply for Scheme Certificate in case u don,t want to fall in litigation.
with regards,
CHANDOK
ex- RPFC
Dr. Sharad Garg
(Querist) 02 July 2011
Thank a lot experts. You have helped me do away with a big tension. I was rather feeling low considering I might loss my pension claim only by 3 months. As when I leave I would be completing 9 years and 3 months. I have also read in EPF Act, any fractional service beyond 6 months is considered as one year only. So I was presuming that I would fall short of 3 months and 1 day service only to claim pension. Thanks a lot everybody....!
Dr. Sharad Garg
(Querist) 02 July 2011
Dear Chandok ji, can you please tell me a little bit more about this 'Scheme Certificate' because I actually do not want to fall into any litigation.
A K CHANDOK
(Expert) 05 July 2011
Dear Garg ji, Under EPS-95,if a member completes 10 years service,he is entitled for Pension which is avilable only when he comlpetes 58 years of service,or Reduced Pension,if he has attained 50 years of age.However, if one has completed 10 years of service but has not attained the age of 50 years, and has left the servive,he cannot get his pension amount as pension amount but PF deptt. will issue him a certificate that this person is eligible for pension as he has contributed under the EPS95, from this period to this period. This certificate is to be given to the next new employer by that person if he jopins new estt in future so as to have continuity of his pensionable service till he retires.However,if one has not completed 10 years of service, he can get this amount as withdrawal,but PF Deptt. will round off the period as one year ,if service in the last year is more than nine and half years,thus making it as 10 years.
For latest information, pl.go through the website of EPFO or Contact the nearest PF office.
Dr. Sharad Garg
(Querist) 08 July 2011
Thanks a lot Chandok ji. You have indeed provided the answer to my question in a very lucid manner..!
