.FOREWORD

Success of any service Organisation depends on the efficient service

delivery to its clientele, which in turn depends upon how effectively its

functionaries are equipped.

The Employees' Provident Fund Organisation was assigned the

responsibility of implementing the Employees' Pension Scheme in the year

1995 replacing the erstwhile Employees' Family Pension Scheme, 1971.The

Employees' Pension Scheme, 1995, as of date, has around 3 lakb covered

establishments, over 2 crore members and about 8.5 lakhs total beneficiaries

in the shape of members, member-pensioners, widow/widower pensioners

and children/orphan pensioners.

Various amendments have been made to The Employees' Pension

Scheme, 1995 since its inception. In order to have uniform application

throughout the country, numerous interpretive clarifications/instructions

have also been issued during the last five years. These amendments and

clarifications are lying scattered in the shape of letters and circulars. It was,

therefore, felt that various amendments and the clarifications might be

brought together at one place for instant referencing. Members of the

Pension Implementation Committee also felt the similar need and the

Committee desired that a Handbook comprising of an updated version of the

Employees' Pension Scheme, 1995and various clarifications issued from time

to time, be brought up.

I have been informed that the Central Provident Fund Commissioner

assigned this job to the Pension Wing at Headquarters Office. Shri

V.P.Ramaiah, R.p.F.e. (pension) (Hqrs.) and Shri J.C.Thukral,

Superintendent took over the job of compiling the desired Handbook under

the guidance of Shri A.Viswanathan, Addl. c.p.f.e. (Pension). These officers

have done a commendable job in compiling the Handbook covering all the

relevant aspects relating to the implementation of Employees' Pension

Scheme, 1995.

I trust this Handbook will serve as a useful tool to the officers and staff

in the field offices as well as Headquarters office, who are dealing with the

n,,,-k ~viiiii:i::-~d with the Employees' Pension Scheme, 1995. This publication

will also prove to be an instant means of reference to the members of the

Central Board of Trustees, Employees' Provident Fund.

VINOD VAISHSecretary (Labour),

Government of India,& Chairman, Pension Implementation

Committee, C.B.T., Employees' Provident Fund.

.,1

PREFACE

The Employees' Pension Scheme, 1995 was brought into force on

16.11.1995 replacing the existing Employees' Family Pension Scheme, 1971.

Since then several amendments have been made and numerous

instruc.tions/clarifications have been issued in regard to implementation.

These amendments and clarifications are lying scattered over a number of

circulars issued from time to time. A need was felt to bring the Scheme

provisions and various clarifications/instructions at one place. Pension

Implementation Committee in its XV meeting held on 21st June, 2000 also felt

that a Handbook containing scbeme and tbe instructions be brought out.

An attempt has been made to bring a comprehensive and uptodate

Handbook on the Employees' Pension Scheme, 1995. It includes the updated

scheme; clarifications/instructions issued from time to time; Forms and

Returns; and the Guidelines on Exemption. The Handbook will be useful to

provide a handy means of reference to the Members of the Board, the officers

and stafTin the Hqrs. office & field offices of the E.P.F. Organisation.

Every effort has been made to make the Handbook as comprehensive

as possible. Nothing contained in it should, however be taken to have

superseded or modified any of the scheme provisions.

Any suggestion to improve the Handbook will be welcomed.

Central Provident Fund CommissionerNew DelhiJanuary, 2001.

INDEX

SECTION CONTENTS PAGE

1. Employees' Pension Scheme, 1995 01-26

2. Clarifications 27-50

3. Computerised Employees' Pension System 51-53

4. Arrangement for Disbursement of Pension 54-58

5. Guidelines for Exemption 59-73

6. Forms & Returns 74-126

7. Consolidated monthly return on EPS, 1995 127-139

D D

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EMPLOYEES'S PENSION SCHEME, 1995(as amended upto May, 2001)

11

EMPLOYEES'S PROVIDENT FUND ORGANISATION(Ministry of Labour, Government of India)

Head Office:"Bhavishya Nidhi Bhwan", 14, Bhikaji Cama Place

New Delhi - 110066

1.

2.3.4.

5.6.

7.8.

9.

10.11.

12.

12A.

13.

14.

15.

16.

16A.

17.

17A.

18.

t 19.

i 20..t21.

.! 22.!)

I23.

24.25.26.

1

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THE EMPLOYEE'S PENSION SCHEME, 1995ARRANGEMENT OF PARAGRAPHS

Short title, commencement and application

Definitions

Employees' Pension Fund

Payment of contribution

Recovery of damages for default in payment of any contributions

Membership of the Employees' Pension Scheme

Option for joining the scheme

Resolution of doubts

Determination of eligible service

Determination of Pensionable Service

Determination of Pensionable Salary

Monthly Member's Pension

Option for commutation

Options for return of capital

Benefits on leaving service before being eligible for monthly members pension

Benefits on permanent and total disablement during the service

Benefits to the family on the death of a member

Guarantee of Pensionary Benefits

Payments on exercise of option.

Payment of Pension

Particulars to be supplied by the employees already employed at the time of commencementof the Employees' Pension Scheme

Preparation of contribution cards

Duties of employers

Employer to furnishparticulars of ownership

Duties of contractors

Allotment of Account Numbers

Declaration by persons taking up employment after the Fund has been established

Em~loyees' Pension Fund Account

Investment of the Employees' Pension Fund

27. Disposal of the Fund

28. Administration Account

29. Forms of Accounts

30. Audit

31. Rounding up of the Benefits

32. Valuation of the Employees' Pension Fund and review of the rates of contributions andquantum of the pension and other benefits

33.

34.

35.

36.

37.

38.

39.

40.41.

42.

43.

44.

Disbursement of Pension and other benefits

Registers. Records etc.

Power to issue directions

Regional Committee

Annual Report

Application of the provisions of the Employees' Provident Fund Scheme, 1952

Exemption from r+e operation of the Pension Scheme

Information to the Central Government

Interpretation

Punishment for failure to submit return, etc.

Payment of pension in the case of a person charged with the offence of murder

Repeal and savings

SCHEDULE

,;

THE EMPLOYEES' PENSION SCHEME, 1995In exercise of the powers conferred by Section 6A of the Employees' Provident Funds and

Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the followingScheme, namely;-

1. Short title, commencement and application

(1) This Scheme may be called the Employees' Pension Scheme, 1995;

(2) (a) This Scheme shall come into force on 16th day of November, 1995;(b) Subject to the provisions of this Scheme the employees have an option to become the

members of the Scheme with effect from the 1 st April, 1993 ;

(3) Subject to the provisions of Section 16 of the Employees' Provident Funds and MiscellaneousProvisions Act, 1952, this Scheme shall apply to the employees of all factories and otherestablishments to which the Employees' Provident Funds and Miscellaneous Provisions Act,1952 applies or is applied under sub-section (3) or sub-section (4) of Section 1 or Section3 thereof.

2. Definitions

r

i

I

(1) In this Scheme unless the context otherwise requires ;-

(i) "Act" means the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19of 1952);

(ii) "actual service" means the aggregate of periods of service rendered from the 16th November,1995 or from the date of joining any establishment whichever is later to the date of exit fromthe employment of the establishment covered under the Act;

(iii) "Commissioner" means a Commissioner for Employees' Provident Funds appointed underSection 5D of the Act;

(iv) "contributory service" means the period of 'actual service' rendered by a member for whichthe contributions to the fund have been '[received or are receivable] ;

(v) "eligible member" means an employee who is eligible to join the "Employees' PensionScheme";

(vi) "Existing Member" means an existing employee who is a "Member of the Employees' FamilyPension Scheme, 1971";

(vii) "Family" means(i) wife in the case of male member of the Employees' Pension Fund;(ii) husband in the case of a female member of the Employees' Pension Fund: and(iii) sons and 2[***J daughters of a member of the Employees' Pension Fund;

1. .Subs. by G.S.R 134 dated 281h February 1996. for the word "received" (w.e.f 161hMarch 1996)The word "unmarried" omitted. ibid (w.e.f, 16 th March, J996)

I1

Explanation :The expression "sons" and "daughters" shall include children '[legally adopted by themember.

(viii) "Pension" means the pension payable under the Employees' Pension Scheme and also includesthe family pension admissible and payable under the Employees' Family Pension Scheme,1971 immediately preceding the commencement of the Employees' Pension Scheme, 1995with effect from the 161h November, 1995.

(ix) "Member" means an employee who becomes a member of the Employees' Pension Fund inaccordance with the provisions of this Scheme.

2Explanation :An employee shall cease to be the member of Pension Fund from the date of attaining 58years of age or from the date of vesting admissible benefits under the Scheme, whichever isearlier.

(x) "Non-Contributory Service" is the period of "actual service" rendered by a member forwhich no contribution to the "Employees' Pension Fund" has been 3[received or arerecei vable].

"orphan" means a person, none of whose parents is alive 4[***].

"past service" means the period of service rendered by an existing member from the dateof joining Employees' Family Pension Fund till the 151h November, 1995.

"Pay" means basic wages, with dearness allowance, retaining allowance and cash valueof food concessions admissible, if any.

"Pension fund" means the Employees' Pension Fund set up under sub-section (2) of Section6A of the Act.

"pensionable service" means the service rendered by the member for which contributions~have been' [received or are receivable].

S[(xvi) "permanent total disablement" means such disablement of permanent nature asincapacitates an employee for all work which he/she was capable of performing at the timeof disablement, regardless whether such disablement is sustained in the course ofemployment or otherwise;]

(xvii) "Table" means Tableappended to this Scheme.

(xi)

(xii)

(xiii)

(xiv)

(xv)

(xviii) The words and expressions defined in the Act but not defined in this Scheme shall have'the same meaning us assigned to them in the Act.

1. Subs. Ibid .. for "adopted by the member legally before death in service' (w.e.f. 16'hMarch, 1996).2. Inserted by G.S.R. 66 dated 22nd February. 1999 (w.e.f. 6.3.99)3. Subs. by.G.S.R. 134 dated the 28th February. 1996 for the word "received" (w.e.f. 16th March. 1996)4. Certain words omitted, ibid (w.e.f, Ioth March. 1996).5. Sub. by G.S.R. 134 dated the 28th February 1996. (w.e.r. 16th March. 19961

4

I

II,I

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ii 5.,

e

3. Employees' Pension Fund.

(1) From and out of the contributions payable by the employer in each month under Section 6of the Act or under the rules of the Provident Fund of the establishment which is exemptedeither under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whoseemployees are exempted under either paragraph 27 or paragraph 27-A of the Employees'Provident Fund Scheme, 1952, a part of contribution representing 8.33 per cent of theEmployee's pay shall be remitted by the employer to the Employees' Pension fund within 15days of the close of every month by a separate bank draft or cheque on account of theEmployees' Pension Fund contribution in such manner as may be specified in this behalf bythe Commissioner. The cost of the remittance, if any, shall be borne by the employer.

(2) The Central Government shall also contribute at the rate of 1.16 per cent of the pay of themembers of the Employees' Pension Scheme and credit the contribution to the Employees'Pension Fund:

Provided that where the pay of the member exceeds '[rupees six thousand and five hundred]per month the contribution payable by the employer and the Central Government be limitedto the amount payabl.: on his pay of rupees ~~ sa'I1louaadFiveHu.o.dred Oal,

(3) Each contribution payable under sub-paragraphs (1) and (2) shall be calculated to the nearestrupee, fifty paise or more to be counted as the next higher rupee and fraction of a rupee lessthan fifty paise to be ignored.

(4) The net assets of the Family Pension Scheme, 1971 shall vest in and stand transferred to theEmployees' Pension Fund.

~. Payment of contribution

(1) The employer shall pay the contribution payable to the Employees' Pension Fund m respectof 2[each member] of the Employees' Pension Fund employed by him directly or by or througha contractor.

(2) It shall be the responsibi lity of the principal employer to pay the contributions payable to theEmployees' Pension Fund by himself in respect of the employees directly employed by himand also in respect of the employees employed by or through a contractor.

Recovery of damages for default in payment of any contributions

(1) Where an employer makes default in the payment of any contribution to the Employees'Pension Fund, or in the payment of any charges payable under any other provisions of theAct or the Scheme, the Central Provident Fund Commissioner or such officer as may beauthorised by the Central Government, by notification in the Official Gazette, in this behalf,may recover from the employer by way of penalty. damages at the rates given below :-

Subs. by G.S.R. - dated ~ 1st May. ~()OI for "rupees five thousand" (w.e.f, 1st June. 2001)Subs. by G.S.R. 134 dated ~8th February. 96. for "the member" (w.e.f, 16th March. 1996)

:;

Period of default Rate of damages(Percentage of arrears per annum]

(a) Less than two months(b) Two months and above

but less than four months(c) Four months and above

but less than six months(d) Six months and above

SeventeenTwenty-two

Twenty-seven

Thirty-seven

(2) The damages shall be calculated to the nearest rupee, 50 paise or more to be counted asthe nearest higher rupee and fraction of a rupee less than 50 paise to be ignored.

1[6. Membership of the Employees' Pension SchemeSubject to sub-paragraph (3) of paragraph 1, the Scheme shall apply to every employee(a) Who on or after the 16th November, 1995, becomes a member of the Employees' Provident

Fund Scheme, 1952, or of the Provident Funds of the factories and other establishmentsexempted by the appropriate Government under section 17 of the Act, or in whose raseexemption has been granted under paragraph 27 or 27-A of the Employees' Provident FundScheme, 1952, from the date of such membership;

(b) Who has been a member of the ceased Employees' Family Pension Scheme, 1971 beforethe commencement of this Scheme from 16th November, 1995;

(c) Who ceased to be a member of the Employees' Family Pension Scheme, 1971 between I"April, 1993 and 15th November, 1995 and opts to exercise his option under Paragraph7;

(d) Who has been a member of the Employees' Provident fund or of Provident Funds of factoriesand other establishments exempted by the appropriate Government under section 17 of theAct or in whose case exemption has been granted under Paragraph 27 or 27A of theEmployees' Provident Fund Scheme, 1952, on 15th November, 1995 but not being a member·of the ceased Employees' Fami ly Pension Scheme, 1971 opts to exercise his option underparagraph 7J.Explanation :All employer shall cease to be the member of Pension Fund from the date (~f attaining58 years of age or from the date of vesting admissible benefits under the Scheme,whichever is earlier.

Z[6A. Retention of membershipA member of the Employees' Pension Fund shall continue to be suclt member till heattains the age of 58 years or he avails the withdrawal benefit to whicb he is entitled.under para 14 of the Scheme, or dies, or the pension is vested in him ill terms of para12 of the Scheme, whichever is earlier.)

L Subs. by G.S.R.134 dated 28th February, 1996 (w.e.f. 16th March, 19%)2. Ins. by G.S.R. 66, dated the 22nd February. 1999 (w.e.f. 6th March. 1999)

6

ted as

videntmentse caset Fund

oeforc

een IS1'aph7:ctoriesof theof theiemberunder

ainingiheme.

till hentitled{para

1[7. Option for joining the Scheme.

(1) Members referred to under sub-para (c ) of Paragraph 6 who have died between 151April,1993 and 151hNovember, 1995 shall be deemed to have exercised the option of joining theScheme on the date of his death.

(2) Members referred to in sub-paragraph (c ) of paragraph 6 who are alive shall have the optionto join the Scheme as per the provisions of paragraph 17 from the date of exit from theemployment.

(3) Members referred to in sub-paragraph (d) of paragraph 6 shall have the option to join theScheme as per the provisions of Paragraph 17 from 16thNovember, 1995.]

8. Resolution of doubts.If any doubt arises whether an employee is entitled to become a member of the Employees' Pension

Fund, the same shall be referred to the Regional Provident Fund Commissioner who shall decidethe same:

Provided that both the employer and the employee shall be heard before passing final order in thematter.

9. Determination of eligible service.The eligible service shall be determined as follows:(a) In the case of "new entrant" the "actual service" shall be treated as eligible service. The total

actual service shall be rounded off to the nearest year. The fraction of service for six monthsor more shall be treated as one year and the service less than six months shall be ignored.

Explanation :In the case of employees employed seasonally in any establishment the period of "actualservice" in any year, notwithstanding that such service is less than a year shall be treatedas a full year.

(b) In the ease of the "existing member" the aggregate of actual service and the 'past service'shall be treated as eligible service.Provided that if there is any period in the "past service" for which the contributions towardsthe Family Pension Scheme, 1971 has not been received, the said period shall count as eligibleservice only ifthe contributions thereof have been received in the Employees' Pension Fund. -

Explanation :For tile purpose of this sub-paragraph the total past service for less than six months shallbe ignored and the total past service for six months and above shall be rounded to a year.

1. Subs. by G.S.R. 114 dated the 28th February. 1996 (w.e.f. 16th March. 1996)

7

10.~~

Determinatio.n of Pensi~nable Service. .. . f(1) The pensionable service of the member shall be determined with reference to the contnbutions I'..,

I[received or receivable] on his behalf in the Employees' Pension Fund. •

(2) In the case of the member who superannuates on attaining the age of 58 years, and/or who'has rendered 20 years pensionable service or more, his pensionable service shaIl be increased Iby adding a weightage of 2 years. ~•.~.

Determination of Pensionable Salary. I(1) Pensionable salary shall be average monthly pay drawn 2[in any manner including on piece- i

rate basis] during the contributory period of service in the span of 12 months preceding the Jdate of exit from the membership of the Employees' Pension Fund.

11.

"[Provided that if a member was not in receipt of full pay during the period of twelvemonths preceding the day he ceased to be the member of Pension Fund, the average ofprevious 12 months full pay drawn by him during the period for which contribution tothe pension fund was recovered, shall be taken into account as pensionable salary forcalculating pension}

(2) If during the said span of 12 months there are non-contributory periods of service includingcases where the member has drawn salary for a part of the month, the total wages duringthe 12 months span shall be divided by the actual number of days for which salary has been i

drawn and the amount so derived shall be multiplied by 30 to work out the average monthlypay.

(3) The maximum pensionable salary shall be limited tofive thousand rupees per month.

4[Provi?ed that if at the oPti.on of the employer and employee, cont~ib~tion paid on salary f'"

exceeding Rs 5,000/- per month from the date of commencement ot this Scheme or from' .the date salary exceeds Rs. 5000/- whichever is later, and 8.33 per cent share of theemployers thereof is remitted into the Pension Fund, pensionable salary shall be based onsuch higher salary.

12. Monthly Member's Pension.(1) A member shall be entitled to :-

(a) superannuation pension if he has rendered eligible service of 20 years or more and retires onattaining the age of 58 years;

(b) retirement pension, if he has rendered eligible service of 20 years ormore and retires or'otherwise ceases to be in the employment before attaining the age of 58 years;

(c) short seryicc pension, if he has rendered eligible service of 10 years or more but less than20 years.

1. Subs. by G.S.R. 134 dated the 28'10February. 1996 for "received" (w.e.f. 16,hMarch, 1996).Ins. ibid (w.e.f. 16'10March. 1996).Ins. by G.S.R. 66 dated 22"d February. 1999 (w.e.f. 6th March, 19(9).

,11Ins. by G.S.R. 134. dated 28 February. 1996 (w.e.f. 16th March. 1(96).

2.3.4.

unions

rr whoreased

piece-.ng the

twelveage of'ion to'ry for

.ludingduring1S beenionthly

i salaryr fromof theised on

tires on 'tIf.

tires or ;

•ss than II

(2) In the case of a new entrant the amount of monthly superannuation pension or retiringpension, as the case may be, shall be computed in accordance with the following factorsnamely ;- -

Monthly member's pension = Pensionable salary X Pensionable service

70'[***]

(3) In the case of an employee 2[who was a member of the ceased Family Pension Scheme,1971] and who has not attained the age of 48 years on the 16th November, 1995 :

Superannuation/retirement/short service pension shall he equal to the aggregate of ;-

(a) Pension as determined under sub-paragraph (2) for the period of pensionable service rendererfrom the 16th November, 1995 or Rs 635/- per month whichever is more;

3[(b) Past service pension benefit shall be as given below :- -The past service benefit payable on completion of 58 years of age on 16.11,95

Years of past Salary upto Salary more thanService Rs. 2500/- R~. 2500/- per

per month per month

(1) (2) (3)

(i) Upto 11 years 80 85(ii) More than 11 years but 95 105

upto 15 years(iii) More than 15 years but 120 135

less than 20 years(iv) Beyond 20 years 150 170

subject to a minimum of Rs. 800/- per month provided the past service is 24 years. If the aggregateservice of the member is less than 24 years, the pension and the benefits computed as above shall bereduced proportionately subject to a minimum of Rs. 450/- per month]

<I[ (c) On completion of the age of 58 years after 16-11-95, the benefit under column (2) or column(3) above. as the case may be shall be multiplied by the factor given in Table B correspondingto the period between 16-11-95 and date of attainment of age 58 to arrive at past-servicepension payable.]

I. Certain words omitted by G.S.R. 134 dated the 281h February, 1996 (w.e.f. 161h March 1996)Subs. by G.S.R. 134 dated the 28.1, February. 1996 (w.e.f 16110 March 1996).

. Subs. by G.S.R. 134. dated the 28'" February, 1996 (w.e.f 16'"March 1996).Ins. ibid. (w.e.f. 16'" March 199(,).

')

(4) In the case of an employee '[who was a member of the ceased Family Pension Scheme, 1~71]and has attained the age of 48 years but less than 53 years on the 16,thNovember, 11995, thesuperannuation/retirement pension shall be equal to the aggregate of : -

(a) pension as determined under sub-paragraph (2) for tne period of service rendered from the16thNovember, 1995 or Rs. 438/- per month whichever is more;

(b) past service benefit as provided in sub-paragraph (3) subject to a minimum of Rs. 600/- permonth provided the past service is 24 years. Provided further that if it is less than 24 yearsthe pension payable and the past service benefits taken together shall be proportionately lesssubject to the minimum of Rs. 325/- per month.

In the case of an employee 2[who was a member of the' ceased P~~~!~' ?~!"!~!~!"!Scheme, !971)"~dwho has attained the age of 53 years or more on the 16thNovember, 1995, the superannuation/retirement pension shall be equal to the aggregate of :

(a) pension as determined under sub-paragraph (2) for the period of service rendered from the16thNovember, 1995 per month or Rs.335/- per month whichever is more.

(b) Past service benefits provided in sub-paragraph (3) subject to the minimum of Rs. 500/- permonth, provided the past service is 24 years. Provided further that if it is less than 24 yearsthe pension payable and the past service benefits shall be proportionately lesser but subjectto the minimum of Rs. 265/- per month.

(6) Except as otherwise expressly provided hereinafter the monthly members pension under sub-paragraphs (2) to (5) mentioned herein above, as the case may be, shall be payable from a dateimmediately following the date of completion of 58 years of age notwithstanding that the memberhas retired or ceased to be in the employment before that date.

(5)

(7) A member, if he so desires, may be allowed to draw monthly reduced pension from a date earlierthan 58 years of age but not earlier than 50 years of age. In such cases, the amount of pensionshall be reduced at the rate of 3[three per cent for every year the age falls short of 58 years].

(8) If a member ceases to be in the employment by way of retirement or otherwise earlier than thedate of superannuation from which pension can be drawn, the member may, on his option, eitherbe paid pension as admissible under this Scheme on attaining the age exceeding 50 years or hemay be issued a scheme certificate by the Commissioner indicating the pensionable service, thepensionable salary and the amount of pension due on the date of exit from the employment. If helshe is subsequently employed i~ an establishment coverable under this Scheme, his/her earlier serviceas per the scheme certificate shall be reckoned for pension along with the fresh spell of pensionableservice. The member postponing the commencement of payment of pension under this paragraphshall also be entitled to additional relief sanctioned under this Scheme from time to time:

1. Subs. by G.S.R. 134 dated the 28,h February, 1996 (w.e.f. 16'hMarch 1996)2 Subs. byG.S.R. 134, dated the 28'h February, 1996 (w.e.f 16'hMarch, 1996)3. Subs. by G.S.R. 134, dated the 28,h February. 1996b (w.e.f, 16'hMarch, 1996).

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Provided that if the member does not take up an employment coverable under this Scheme, butdies before attaining the age of 58 years, the amount of contributions received in his Case shallbe converted into a monthly widow pension/children pension. The widow pension in such casesshall be calculated at the scale laid down in Table 'C' and the children pension at 25 per centthereof for each child (upto two). If there is no widow then the orphan pension shall be payableat the rate of 75 per cent of the amount which would have been payable as a widow pensionsubject to the provisions of the paragraph 16.

I

n12A. Option for commutation.< A member eligible to pension may, in lieu of pension normally admissible under paragraph 12, opt

on completion of three years from the commencement of this Scheme, to commute upto a maximumof one third of his pension so as to receive hundred times the monthly pension so commuted ascommuted value of pension. Balance pension will be paid on monthly basis as per option exercisedunder paragraph 13.I

III..r

Explanation :If for example, the normal pension under paragraph 12 is Rs. 600, and the pensioner optsto commute one third of his monthly pension, the commuted value will be equal to 1/3x 600 x 100 = Rs.20,000 and the same shall be paid at the time of exercise of option forcommutation. The balance of pension payable on monthly basis is Rs. 400.

Options for return of capital.(1) A member eligible to pension may, in lieu of pension normally admissible under paragraph 12,

2[subject to commutation of pension, if any, under paragraph 12A] opt to draw for reducedpension and avail of return of capital under anyone of the three alternatives given below :-

S.No. Alternatives Revised pension payable Amount payable asreturn of capital

1. Revised pensionduring life time ofmember with return ofcapital on his death.Revised pension duringthe life time of member,further reduced pensionduring life time of____ __the widow or herremarriage whicheveris earlier andreturn of capi talonWidow's death/re-marriage.

90% of originalmonthly pension

100 times the originalmonthly pension ondeath of member to thenominee.90 times the originalmonthly pension ondeath of widow/remarriage to thenominee.

2. 90% of originalmonthly pensionto the member. Onhis death 80% ofthe originalmonthly pensionto the widow.

G 'hIns. by .S.R. 134, dated the 28 February, 1996 (w.e.f. 16th March, 1996)Ins: by. G.S.R. 134, dated the 28th February, 1996 (w.e.f 16'hMarch, 1996)

11

S.No. Alternatives Revised pension Amount payablepayable as return of Capital

3. Pension for a fixed 87.5% of the 100 times the originalperiod of 20 years original monthly monthly pension at the endnotwithstanding pension for a fixed of 20 years from thewhether the member period of 20 years. date of commencementlives for that period The pension wiIl of pension to the memberor not. cease thereafter. if he is ali ve, otherwise

to his nominee.

Explanation 1.In alternative 2, if the '[spouse] dies or remarries before the death of member, capital equal totimes the original monthly pension shall be paid to the nominee on the member's death.

Explanation 2.In alternative 3, if the member dies before the end of 20 year period, the pension shall beto his nominee for the balance period.

Explanation 3.In the case of a member who is eligible for permanent total disablement pension, and wherepayment of such pension is to commence before his attaining the age of 50 years the optionsalso be admissible but in such cases the actual pension payable shall be reduced by 1% andreturn of capital shall be further reduced by Rs. 1,000/- for every year by which the age atcommencement of pension falls short of 50 years.

2[Expiallation 4.In cases of exercise of option for commutation under paragraph 12A, balance monthly pen'payable after commutation shall be deemed to be the original monthly pension for the purposethis paragraph.]

(2) The option under sub-paragraph (1) shall be exercised by the member at the time of submissiof the application form for pension in accordance with the provisions of this Scheme. The optionce exercised shall be final. If no option is exercised, the member shall be deemed not toexercised any option under this paragraph and his/her pension shall be determined underprovisions of paragrapn12:- -- - .

(3) Notwithstanding that the capital is returned under this paragraph the widow/children shallto be eligible for normal widow pension/children pension/orphan pension under paragraph 16 ofScheme from the date immediately following the date of death of the;member. .

1. Sub';. by G.S.R. 134. dated the 28,h February. 1996 (w.e.f 16,hMarch 1996).

2. Ins. Ibid. (we.f. 16'hMarch 1996).

12

tal to 90

be paid

iere thens shalland thee at the

iensionpose of

nissionoption:0 haveder the

mtinueof this

Benefits on leaving service before being eligible for monthly member's pension.(1) If a member has not rendered the eligible service prescribed in 'paragraph I[9] on the date

of exit, or on attaining 58 years of age whichever is earlier, he/she shall be entitled to awithdrawal benefit as laid down in Table 'D' or may opt to receive the scheme certificateprovided on the date he/she has not attained the 58 years of age:

Provided that an existing member shall receive additional return of contributions for his/herpast service under the Employees' Family Pension Scheme, 1971 computed as withdrawal-cum-retirement benefits as per Table 'A' multiplied by the factor given in Table 'B'.

Benefits on permanent and total disablement during the service(1) A member, who is permanently and totally disabled during the e~y!~j'~;:~~ ~!iu!!be ~i,~;ikJ

to pension as admissible under sub-paragraph (2) to (5) of paragraph 12 as the case maybe subject to a minimum of Rs. 250/- per month notwithstanding the fact that he/she has notrendered the pensionable service entitling himlher to pension under paragraph 12 providedthat he/she has made at least one month's contribution to the Pension Fund.

(2) The monthly member's pension in such cases shall be payable from the date following thedate of permanent total disablement and shall be tenable for the life-time of the member.

(3) A member applying for benefits under this paragraph shall be required to undergo such medicalexamination as may be prescribed by the Central Board to determine whether or not he orshe is permanently and totally unfit for the employment which he or she was doing at the timeof such disablement.

16. Benefits to the family on the death of a member(1) 2[Pension to the family] shall be admissible from the date following the date of death of the

member if the member dies ..(a) while in service, provided that at least one month's contribution has been paid into the

Employees' Pension Fund, or(b) after the date of exit but before attaining the age of 58, from the employment having

rendered service entitling himlher to monthly member's pension but 3[before thecommencement of pension payment or]

(c) after commencement of payment of the monthly member's pensionThe cases where a member has rendered less than 10 years eligible service on the date ofexit but has retained the membership of the Pension Fund, and dies before attaining the ageof 58 years, shall be-regulated under sab-paragraph (8) of paragraph 12. .

(a) The monthly widow pension shall be :-(i) in the cases covered by clause (a) of sub-paragraph (1), equal to the monthly member's

pension which would have been admissible as if the member had retired on the date ofdeath or Rs .450/- or the amount indicated in Table CC' whichever is more.

Note:-

\,

(2)

l.2.3.

Subs. by G.S.R. 134. dated the 28'h February. 1996, (w.e.f, 16·hMarch 1996).SUbs. by G.S.R. 134 dated the 28·hFebruary. 1996 (w.e.f. 16'hMarch 1996) .

•hSubs. by G.S.R. 134 dated the 28 February. 1996 (w.e.f. 16th March. 1996).

13

(ii) in the cases covered by clause (b) of sub-paragraph 0), equal to the monthly member'spension which would have been admissible as if the member had retired on the date ofexit or l[Rs. 450/- per month] or the amount indicated in Table 'C' whichever is more.

(m) in the cases covered by clause (c ) of sub-paragraph (1), equal to 50 per cent of themonthly member's pension payable to the member on the date of his death subject toa minimum of l[Rs. 450/- per month.]

2[(iv)in all the cases, where the amount of family pension sanctioned under theCeased Family Pension Scheme, 1971 and is paid/payable under this scheme isless than Rs. 450/- per month, the amount of family pension in such cases shallbe enhanced to Rs. 450/- per month.]

(b) the monthly widow pension shall be payable upto the date of death of the widow or remarriagewhichever is earlier.

Note:- In cases where there are 2 or more widows, family pension shall be payable to the eldestsurviving widow. On her death it shall be payable to the next surviving widow, if any. Theterm "eldest" would mean seniority with reference to the date of marriage.

(3) Monthly children pension: -

(a) If there are any surviving children of the deceased member, falling within the definitionof family, they shall be entitled to a monthly children pension in addition to the monthlywidow/widower pension.

(b) Monthly children pension for each child shall be equal to 25 per cent of the amountadmissible to the widow/widower of the deceased member as monthly widow pensionpayable under sub-paragraph (2) (a) (i) provided that minimum monthly children pensionfor each child of the deceased member shall not be less than 3[Rs. 150/- per month.]

4[(C) Monthly children pension shall be payable until the child attains the age of 25 years.]

(d) The monthly children pension shall be admissible to maximum oftwo children at a timeand will run from the oldest to the youngest child in that order.

Y(e) If a member dies leaving behind a family having son or daughter who ispermanently and totally disabled such son or daughter shall be entitled topayment of monthly children pension or orphan pension, as the case may be,irrespe-ctivlrl/f-age' and number 'of children in the family in addition to thepension provided under clause (d).] '\

1. Subs. by G.S.R. 41 dated 12'hJanuary, 2000 (w.e.f, 29th January, 2000)2. Inserted by G.S.R. 41 dated 12'10January 2000 (w.e.f. 29th January. 2000)3. Subs. .by G.S.R. 41 dated 12'10January 2000 (w.e.f, 29th January, 2000)4. Subs. by G.S.R.134. dated the 28,10February. 1996 (w.e.f. 16,10March. 1996).5. Inserted by G.S.R. 66 dated 22'td February. 1999 (w.e.f 6.3.99)

14

,ber's

I.te ofnore.

fthe I-ct toi

. thene isshall

riage

-ldest. The

nitionmthly

nount.nsionmsiononth.]

ears.]

a time

ho ised tory be,o the ..

(4) (a) If the deceased member is not survived by any widow but i~ survived by children fallingwithin the definition of family or if the widow pension is not payable, the!children shallbe entitled to a monthly orphan pension equal to 75 per cent of the amount of themonthly widow pension as payable under sub-paragraph (2) (a) (i) provided thatminimum monthly orphan pension for each orphan shall not be less than I[Rs. 250/- permonth.]

(b) In the event of death or remarriage of the widow/widower after sanctioning of widow/widower pension the children shall be entitled in lieu of the monthly children pension,to a monthly orphan pension from the date following the date of death/remarriage of thewidow/widower.

2[~r.) Thf" monthly orph:m pension shall be admissible to a maximum of 2 orphans at a timeand shall run in order from the oldest to the youngest orphan.]

(5) (a) A member who is not married or who does not have any living spouse and/or an eligiblechild may nominate a person to receive benefits as laid down hereinafter provided thatin the event of his/her acquiring a family subsequently, the nomination so made shallbecome void. In the event of death of the member such a nominee shall be entitled toreceive a monthly pension equal to the monthly widow pension, as admissible undersub-clauses (i) and (ii) of clause (a) of sub-paragraph (2).

3[(aa). If a member dies leaving behind no spouse and/or an eligible child fallingwithin the definition of family and no nomination by such deceased memberexists, the widow pension shalt be paid under sub-clauses (i) and (ii) of clause(a) of sub-paragraph 2 either to dependent father or dependent mother as thecase may be. On grant of Pension to such dependant father and in the event ofdeath of the father pensioner, the admissible pension shall be extended to thesurviving mother life long.]

(b) If the deceased member had not rendered pensionable service on the date of exit fromthe employment which would have made him entitled to a monthly members pensionunder paragraph 12, but had opted to retain the membership of this Scheme under sub-paragraph (8) of paragraph 12, 4[~henominee or the dependant father or thedependant mother as the case may be] shall be entitled to return of capital asprovided in sub-paragraph (1) of paragraph 13.

Guarantee of pensionary benefits'[16A.None of the pensionary benefits under the Scheme shall be denied to any member orbeneficiary for want of compliance of the requirement by the employer under sub-paragraph(1) of paragraph 3 provided, however, that the employer shall not be absol ved of his liabilitiesunder the Scheme.]

1. Subs. by G.S.R. 41 dated 12thJanuary 2000 (w.e.f. 29th January, 2000)2. Ins. by G.S.R. 134, dated the 28lh February, 1996 (w.e.f 16th March 1996).1 Inserted by G.S.R. 66 dated 22ndFebruary, 1999. (w.e.f 6.3.99)4. Sub. by G.S.R. 66 dated 22ndFebruary, 1999 (w.e.f 6.3.99)S. Inserted by G.S.R. 134 dated the 28th February 96 (w.e.f. 16lh March 1996)

15

11[17. Payments on exercise of option

(1) Beneficiaries of the deceased members of Employees' Famify Pension Scheme, referred toin sub-para (1) of paragraph 7, shall receive higher of the benefits available under theEmployees' Family Pension Scheme, 1971 and under this Scheme. .

(2) Members referred to in sub-paragraph (2) of paragraph 7 shall have the option to join theScheme by returning the amount of withdrawal benefit received, if any, together with interestat the rate of 8.5% per annum from the date of payment of such withdrawal benefit and date.of exercise of the option, to receive monthly pension as per the provisions of this Scheme.

(3) Members referred to in sub-paragraph (3) of paragraph 7 shall be deemed to have joinedthe ceased Employees' Family Pension Scheme, 1971, with effect from 1.3.1971 on remittanceof past period contribution with interest thereon.].

2[17A. Payment of PensionThe claims, complete in all respects submitted along with the requisite documents shall be.settled and benefit amount paid to the beneficiaries within thirty days from the date of itsreceipt by the Commissioner. If there is any deficiency in the claim, the same shall be recordedin writing and communicated to the applicant within thirty days from the date of receipt ofsuch application. In case the Commissioner fails without sufficient cause to settle a claimcomplete in all respects within thirty days, the Commissioner shall be liable for the delaybeyond the said period and penal interest at the rate of 12 per cent per annum may be,charged on the benefit amount and the same may be deducted from the salary of theCommissioner. ]

18. Particulars to be supplied by the employees already employed at the time of commencementof the Employees' Pension SchemeEvery person who is entitled to become a member of the Employees' Pension Fund shall be asked"forthwith by his employer to furnish and that person shall, on such demand, furnish to him for.communication to the Commissioner particulars concerning himself and his family in the formprescribed by the Central Provident Fund Commissioner.

19. Preparation of Contribution CardsThe employer shall prepare an Employees' Pension Fund Contribution Card in respect of each'employee who has become a member of the Employees' Pension Fund.

20. Duties of Employers.(1) Every employer shall send to the Commissioner within three months of the commencement.~- "

of thiifSch-eme, a consolidated return of the employees entitled to become members 'of theEmployees"Pension Fund showing the basic wage, retaining allowance, if any, and dearness]allowance including the cash value of any food concession paid to each of such employees;'Provided that if there is no employee who is entitled to become a member of theEmployees' Pension Fund, the employer shall send a "Nil" return.

1. Subs. by G.S.R. 134, dated the 28'h February, 1996 (w.e.f 16'hMarch, 1996).~ ~

Ins. by G.S.R. 376 dated the 27 October, 1997 (w.e.f, 8 November. 1997)2.

16

,

!'erred tolider thef

join the rinterest Imd date I)C.h~me·r~~omedlruttance I

I

I(2) Every employer shall send to the Commissioner within fifteen days of the close ofeach month

a return in respect of the employees leaving service of the employer during the precedingmonth.Provided that if there is no employee leaving service of the employer during the precedingmonth the employer shall send a "NIL" return.

(3) Every employer shall maintain such accounts in relation to the amounts contributed by him tothe Employees' Pension Fund as the Central Board may, from time to time, direct and it shallbe the duty of every employer to assist the Central Board in making such payments from theEmployees' Pension Fund to his employees as are sanctioned by or under the authority ofthe Central Board.

(4) Notwithstanding anything contained in this paragraph, the Central Board may issue suchdirections to the employers generally, as it may consider necessary or expedient, for thepurpose of implementing the Scheme, and it shall be the duty of every employer to carryout such directions.

le of itsecorded 21. Employer to furnish particulars of ownership.ceipt ofa claime delaynay beof the

.ement

~asked.im fore form '

feach

ementof theirnessiyees:

Every employer in relation to a factory or other establishment to which the Act applies or isapplied hereafter shall furnish to the Commissioner particulars of all the branches and departments,owners, occupiers, directors, partners, managers or any other person or persons who have theultimate control over the affairs of such factory or establishment and also send intimation of anychange in such particulars, within fifteen days of such change, to the Commissioner by registeredpost.

22. Duties of contractorsEvery contractor shall, within seven days of the close of every month, submit to the principalemployer a statement showing tilt! particulars in respect of employees employed by or through himin respect of whom contributions to the Employees' Pension Fund are payable and shall also furnishto him such information as the principal employer is required to furnish under the provisions of thisScheme to the Commissioner.

23. Allotment of Account l[Numbers](1) For purposes of this Scheme, where the member has already been allotted or is allotted

hereafter an account number under the Employees' Provident Fund Scheme, 1952, he shallretain the same account number.

(2) In the case of employees of the establishments exempted from the Employees' ProvidentFund Scheme-,1952;Unoe"f Section 1Tof the Act, who are members of theEmployees'Family Pension Fund. the account number already allotted shall be retained by them. '

(3) In the case of employees of the establishments exempted from the Employees' ProvidentFund Scheme, 1952, under Section 17 of the Act, who are not members of the Employees'Family Pension Fund but opt to become members of the Employees' Pension Fund and incase of new employees of such establishments, fresh account numbers shall be allotted by theCommissioner.

I. Subs. by G.S.R 134. dated the 28'h February, 1996 (w.e.f 16'"March. 1996)

17

24. Declaration by persons taking up employment after the Fund has been establishedThe employer shall before taking any person into employment, ask himther to state in writing Ulh.F>th ••

or not he is a member of the Employees' Pension Fund and, if he/she is, also ask himlher toa copy of the Scheme Certificate issued by the Commissioner to him/her in respect qf theemployment in terms of paragraph 12 as the case may be. If the person concerned was not iemployment previously or had availed of return of contribution in respect of his/her preemployment, he/she shall, on demand by the employer, furnish to him, for communication toCommissioner particulars concerning himlherself and his/her family in the Form prescribed byCentral Provident Fund Commissioner.

27. Disposal of the Fund(1) Subject to the provisions of the Act and this Scheme, the Fund shall not, except with

prior sanction of the Central Government be expended for any purpose other thanpayments envisaged in this Scheme, for continued payment of Family Pension, life assuraLllce.benefit and retirement-cum-withdrawal benefits sanctioned under the Employees'Pension Scheme, 1971, prior to the date of introduction of this Scheme or which maysanctioned under that Scheme after the 16'h November, 1995 in respect of cases arisibefore that date.

(2) Not exceeding 16% of the administrative expenses shall be met from and out ofEmployees' Pension Fund. The remaining administrative expenses shall be met fromAdministration Accounts set up under the Employees' Provident Funds Scheme, 1952.cost of remittance of Pension shall be charged on the Pension Fund.

28. Administration Account ..----A separate account shall be kept, called the "Employees' Pension Administration Account"recording of all the administrative expenses of the Employees' Pension Fund.

29. Forms of AccountsThe accounts of the Employees' Pension Fund, as also the Employees' Pension AdminiAccount shall be maintained by the Commissioner in such form and in such manner as mayspecified by the Central Board with the approval of the Central Government.

25. Employees' Pension Fund AccountT~~~~~vui'~':'a~~vJi.il~ "Einpioyees' Pension Fund Account" shall be opened by the COImlnISl)IOlrteli

in such manner as may be specified by the Central Board with the approval of Central

26. Investment of the Employees' Pension Fund(1) All moneys accruing to Employees' Pension Fund Account except the contributions of

Central Government shall be invested in accordance with the provisions of paragraph 52the Employees' Provident Funds Scheme, 1952.

(2) Net assets of the Family Pension Fund as on the 16.11.95 shall merge in the Pensionand remain invested in the Public Account of the Government of India. The future ,-,,,,,ua.Government's contribution accruing to the Pension fund from 17thNovember, 1995 On\XI!'lT'n_

shall also be invested in the Public Account of the Government of India.

18

lhed 30. AuditThe accounts of the Employees' Pension Fund including the administrative expenses incurred inrunning this Scheme shall be audited in accordance with the instructions issued by the CentralGovernment in consultation with Comptroller and Auditor-General of India.

31. Rounding up of the Benefitslas not i .previouion to thled by th

missione/emmen

ion Fune Centralonwards

All items of benefits shall be calculated to the nearest rupee, 50 paise or more to be counted asthe next higher rupee and fraction of a rupee less than 50 paise shall be ignored.

32. Valuation of the Employees' Pension Fund and review of the rates of contributions andquantum of the pension and other benefits1[(1) The Central Government shall have an annual valuation of the Employees' Pension Fund made

by a Valuer appointed by it.](2) At any time, when the Employees' Pension Fund so permits the Central Government may

alter the rate of contributions payable under this Scheme or the scale of any benefit admissibleunder this Scheme or the period for which such benefit may be given.

33. Disbursement of Pension and other benefits.The Commissioner shall with the approval of the Central Board enter into arrangement for thedisbursement of pension and other benefits under this Scheme with disbursing agencies like PostOffices or Nationalised Banks or Treasuries. The commission payable to the disbursing agenciesand other charges incidental thereto shall be met as provided in paragraph 27 of this Scheme.

Registers, Records, etc.The Commissioner shall, with the approval of the Central Board, prescribe the registers and recordsto be maintained in respect of the employees, the form or design of any identity card, token or discfor the purpose of identifying any employee or his nominee or a member of a family entitled toreceive the pension and such other forms/formalities as have to be completed in connection withthe grant of pension and other benefits or for the continuance thereof subject to such periodicalverfication as may be considered necessary.

34.

35. Power to issue directions.The Central Government may issue, such directions as may be deemed just and proper by it forresolving any difficulty in the disbursement of pension and other benefits or for resolving any difficultyin implementation of this Scheme.

36. Regional Committee •.--·'\

The Regional Committee set up under paragraph 4 of the Employees' Provident Fund Scheme,1952, shall advise the Central Board, on such matters, in relation to the administration of thisScheme as the Central Board may refer to it from time to time and in particular, on - -

. (a) progress of recovery of contributions under this Scheme both from factories andestablishments exempted under Section 17 of the Act and other factories and establishmentscovered under the Act.

I. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996)

19

(b) expeditious disposal of prosecutions.(c) Speedy settlement of claims relating to pension and other benefits under this Scheme.

37. Annual Report.The Central Board shall cause to be included in the Annual Report on the working of the Schemeprepared under paragraph 74 of the Employees' Provident Fund Scheme, 1952, a report on theworking of this Scheme during the previous financial year.

38. Application of the provisions of the Employees' Provident Fund Scheme, 1952.In regard to matters for which either there is no provision or there is inadequate provisions in thisScheme the corresponding provisions in the Employees' Provident Fund Scheme, 1952, shall apply.

1[39. Exemption from the operation of the Pension Scheme.The appropriate Government may grant exemption to any establishment or class of establishmentsfrom the operation of this Scheme, if the employees of the establishments are either members ofany other pension scheme or proposed to be members of a pension scheme wherein the pensionarybenefits are at par or more favourable than the benefits provided under this Scheme. Whereexemption is granted to any establishment or class of establishments under this paragraph,withdrawal benefits available to the credit of tl.e employees of such establishment(s) under theceased Family Pension Scheme, 1971, shall be paid, subject to the consent of the employees, tothe pension fund of the establishment(s) so exempted. An application for exemption under thisparagraph shall be presented to the Regional Provident Fund Commissioner having jurisdiction bythe establishment or class of establishments, together with a copy of the pension scheme of theestablishment (s) and other relevant documents, as may be called for by him. On receipt of suchan application, the Regional Provident Fund Commissioner shall scrutinise it, obtain therecommendations of the Central Provident Fund Commissioner and submit the same to theappropriate Government for decision, pending disposal of application for exemption under thisparagraph employers' share of the contribution shall not be remitted to the pension fund as envisagedin sub-paragraph (1) of paragraph 3. An application for exemption presented under this paragraphshall be disposed of within a period of six months from the date of its receipt or such further timeas may be extended for reasons to be recorded in writing. If the application for exemption is notdisposed of within the period so specified, the exemption applied for shall be deemed to have beengranted.

Explanation :For the purpose of this paragraph, the period of six months will count from the date on which theapplication for exemptronis gtven in compete form to the satisfaction of the Regional ProvidentFund Commissioner.. ..

40. Information to the Central Government.The Central Board shall furnish such information to the Central Government from time to time inrespect of the income and expenditure from the Employees' Pension fund account in such manneras may be directed by the Central Government.

I. Subs. by G.S.R. 134. dated the 28,h February, 1996 (w.e.f 16'hMarch 1996)

20

.hernem the

in thisapply.

ments~rsofionaryWheregraph,ler the 43.ees, toer thision byof the.f suchin theto theer thisisagedigraph.r timeis notebeen

44.

ehthe

41. Interpretation.Where any doubt arises with regard to the interpretation of the provisions of this Scheme, it shallbe referred to the Central Government who shall decided the same.

42. Punishment for failure to submit return, etc.If any person,(a) deducts or attempts to deduct from the wages or other remuneration of the member, the

whole or any part of the employer's contribution, or(b) fails or refuses to submit any return, statement or other documents required by this Scheme

or submits a false returns, statement or other documents, or makes a false declaration, or\\,;} UUSlfUCIS any Inspector or other official appointed under the Act or this Scheme in the

discharge of his duties or fails to produce any record for inspection by such inspector orother officials, or

(d) is guilty of contravention of or non-compliance with any other requirement of this Scheme,he shall be punishable with imprisonment which may extend to one year or with fine whichmay extend to five thousand rupees or with both.

Payment of pension in the case of a person charged with the offence of murder(1) If a person, who in the event of the death of a member of the Pension Fund is eligible to

receive pension of the deceased under paragraph 12 or paragraph 16, is charged with theoffence of murdering the member or for abetting the commission of such an offence, his claimsto receive pension shall remain suspended till the conclusion of the criminal proceedingsinstituted against him for such offence.

(2) If on the conclusion of the criminal proceedings referred to in sub-paragraph (1), the personconcerned is:(a) convicted for the murder or abetting in the murder of the member, he shall be debarred

from receiving pension which shall be payable to other eligible members if any, of thefamily of the member; or

(b) acquitted of the charge of murder or abetting the murder of the member, pension benefitshall be payable to him.

Repeal and savings.(I) On commencement of this Scheme, the Employees' Family Pension Scheme, 1971, in force

immediately before s.uchcommencement shall cease to operate with effect from the 16th

November, 1995. -,(2) Notwithstanding anything contained in sub-paragraph (1) every nomination made under the

Employees' Family Pension Scheme, 1971, and every form regarding the details of Familyof an employee for the purposes of the Employees' Family Pension Scheme, 1971, shall bedeemed to have been made under the provisions of this Scheme.

(3) , All orders/authorisations/Pension Payment Orders issued under the Family Pension Scheme,1971, shall be deemed to have been made under this Scheme.

21

TABLE A(See Paragraph 14)

(WITHDRAWAL BENEFIT)

,No.offull years'contribution paid Proportion of pay payable at cessation of membership

(1) (2)

1234567891011121314151617181920212223242526272829303132·---·-'"7'~3334353637383940

0.200.410.620.841.061.291.511.751.982.232.472.722.983.243.513.784.054.344.624.925.215.525.836.146.466.797.127.467.818.168.528.899.269.6410.0310.4310.8311.2411.6612.08

22

,I TABLE B

1[(See Paragraphs 12 and 14)]

I FACTOR FOR COMPUTATION OF PAST SERVICErship

IBENEFIT I[UNDER THE CEASED] FAMILY PENSIONSCHEME FOR EXISTING MEMEBRES ON EXIT FROM

THE EMPLOYMENT

(1) (2)I I[YEARS] FACTOR

Less than 1 1.049

I Less than 2 1.154

Less than 3 1.269Less than 4 1.396

Less than 5 1.536

Less than 6 1.689

Less than 7 1.858

Less than 8 2.044Less than 9 2.248

Less than 10 2.473

Less than 11 2.720Less than 12 2.992Less than 13 3.292Less than 14 3.621

Less than 15 3.983Less than 16 4.381

Less than 17 4.819Less than 18 5.301

Less than 19 5.810Less than 20 6.414

"

Less than 21 7.056Less than 22 7.761Less than 23 8.531

Less than 24 9.390

SUbs. by G.S.R. 134, dated the 28'h February, 1996 (w.e.f 16'hMarch. 1996).

23

TABLE C(See Paragraph 16)

EQUIVALENT WIDOW PENSION

Salaryatday of Equivalentwidow pensiondeath not more than

(1) (2)(Rupees) (Rupees)

Upto 300 250~.c;() 327400 343450 359500 375550 391600 408650 425700 442750 159800 476850 493900 510950 5271000 5441050 5611100 5781150 5951200 6121250 6291300 6461350 6641400 682T45(f·-. 700 ,1500 7181550 7361600 7541650 7721700 7971750 808 Contd.l-

24

Salary at day of Equivalent widow pensiondeath not more than Rs. Rs.

1800 8261850 8441900 8621950 8802000 8982050 9162100 9352150 9542200 9732250 9922300 10112350 10302400 10492450 10682500 10872550 11062600 11252650 11442700 11632750 11822800 12012850 12212900 12412950 12613000 12813050 13013100 13213150 13413200 13613250 13813300 14013350 14213400 14413450 14613500 14811.I-

Note: In the case of employees drawing wages above Rs. 3500 p.m. the widow pension shall beincreased by Rs. 20 p.m for every increase in wages of Rs. 50 or part thereof subject to themaximum ofRs. 1750/-

TABLE D(Return of contribution on exit from the employment)

(See Paragraph 14)

Year of Service Proportion of wages at exit

1 1.022 2.053 3.104 4.185 5.286 6.40.., 7.54I

8 8.709 9.88

26

beo the

D D

o

CLARIFICATIONSON

ElVIPLOYEES' PENSIONSCHEME, 1995

D.

CLARIFICATIONS[PARA 6; PARA 7 & PARA 171

MEMBERSHIP OF THE EMPLOYEES' PENSION SCHEME, 1995

Exercisin2 of option to become member from a retrospective date.j [Refer Para 6 (d) Para 7(3) and Para 17(3)1

IOPTION ADMISSIBLE - FROM 1.3.1971

(i) Para 6 (d) read with Para 7(3) of the Employees' Pension Scheme, 1995 provides that everyemployee who has been a member of Employees' Provident Fund Scheme, i952iExemptea r-undas on 15.11.1995 but not the member of Employees' Family Pension Scheme, 1971 can becomea member of the Employees' Pension Scheme, 1995. It was clarified that option in such cases canbe exercised from 16.11.1995 (on or after 16.11.1995) with retrospecti ve effect from 1.3.1971,i.e. the date of introduction of the erstwhile EP.Scheme provided that the member pays the arrearsof contribution with interest thereon, as prescribed for EP.Scheme, 1971.

MEMBERS OF EFPS, 1971 - OUT OF EMPLOYMENT - BENEFITS NOT WITHDRA\VN

(0) A member of the Provident FundlFamily Pension Scheme, 1971 who is out of employment onor after }S' April, 1993 but has not withdrawn the benefit, he continues to be a member ofFamily Pension Fund. He automatically acquires the membership of the E.P.S., 1995 on itsintroduction from 16.11.1995, as an existing member ofE.F.P.S., 1971 on 1511.1995 providedhe has not attained the age of 58 years.

BENEFITS WITHDRAWN - OPTION ADMISSIBLE

(iii) Even if such a member has already withdrawn the benefit under the EFPS, 1971, he may optfrom the date he quits the service by returning the withdrawal benefit with interest calculated @

8.5% per annum as provided in sub-para (2) of para 17 of the Employees' Pension Scheme, 1995,and avail of the admissible benefits under the Employees' Pension Scheme, 1995. In both theabove cases, no extra contribution will be payable in the given situation.

MEMBERS OF EFPS - RETIRED FROM 1.4.93 ONWARDS - OPTION ADMISSIBLE

6v) Such of the EPFIFJ.>Fmemoors who retired from service from 1.4.1993 onwards and settled theirPF accounts may also opt to join the Employees' Pension Scheme, 1995 from the date of exit byrefunding the withdrawal benefit availed of with interest calculated @ 8.5% per annum as providedin sub-para (2) of para 17 of the Employees' Pension Scheme, 1995.[C.P.F.C.'s circular No:2(l)Clarificationl96. dated 22'" December, 1995 and No:2(4)Clarification!96, dated 23"'May, 1996.]

27

(v) In cases where the establishment was covered from a retrospective date, the E.P.E contriis also collected from a retrospective date whereas contribution to the E:EP.S, 1971 was rec:ov'ere:c:t.[P.I•••.only from the prospective date i.e., from the date of issue of coverage letter. In such cases, althe employees of that establishment become members of EPF from the date of coverage,membership to the EFPS, 1971 was treated only from the prospective date (i.e. from the dateissue of coverage letter). Accordingly, the benefits under the EFPS, 1971 are also admissiblereference to his membership to the EFPS, 1971.

In a related case the Gujarat High Court decided the issue and as per the operative part ofjudgement, an employee becomes family pension fund member w.e.f. the date he becomes elito contribute to the P.E under the E.P.F. Scheme, 1952. In view of this, on option, necessardiversion may be made from the P.E accumulations from the date the member becomesto contribute to the E.P.F. (Le. for the pre-discovery period). After such diversion thewould become eligible for Monthly Pension benefits under the Employees' Pension Scheme, 1with reference to the date from which the employee became member of the EPE[C.P.F.C.'s circular No:Pensionl2/4/Clarificationl97, dated 7UtApril, 1998]

OPTION ADMISSIBLE - FROM THE DATE OF COVERAGE - EFPS. 1971

28

OPTION NOT ADMISSIBLE

(vi) A PF member who retired between 1.4.1993 and 15.11.1995 and got his P.E account settledwas not a member of the erstwhile Employees' Family Pension Scheme, 1971 .is not eligible toexercise his option in favour of the E.F.P.S, 1971lEmployees' Pension Scheme, 1995

[C.P.F.C.'s circular No:2(4)Clarificationl96, dated 17thJuly, 1996.]

PARA 9

ROUNDING OFF OF FRACTION OF SERVICE FOR 6{SIX) MONTHS OR MORE

As provided under para 9(a) & 9(b) the fraction of service for 6 months or more shall be treated.as one year and the service less than 6 months shall be ignored. The eligible service of 9 years andmonths and above need be rounded off to 10 years.

[C.P.F.C.'s clrculae No:Pensionl2(4)/Clarificationl96, dated 17'h July, 1996.]

SEASONALLY EMPLOYED - ACTUAL SERVICE

According to the explanation below para 9(a),in the case of employees employed seasonally,actual service during the year shall be treated-as full year. For the period not attended whenemployment is offered it has to be treated as non-contributory service.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 17tb July, 1996.]

By, ten t

PARA 12

"'ALCULATION OF MONTHLY PENSION UNDER PARA 12(3~ lU41 AND 12(5)

Minimum pension provided for in sub-para (3), (4) and (5) of Para 12 would be applicable in~pect of retirees who will be availing their pension on attaining 58 years of age. The same consideration~iJl not be extendable to premature retirees who are applying for early pension. In their cases,otwithstanding their age, they will be clubbed with the current retirees and their claims settled in~cordance therewith on par following the provision of sub-para (5) under Para 12 i.e. allowing uniform~inimum pension of Rs.500 in every case without eo-relating to their age group from the equity point(view as clarified in the table indicated below:

I

AGE AGGREGATE DISCOUNT NET PENSIONr YEARS MINIMUM @3% PAYABLE5 Rs. Rs. Rs.

50 500 120 380

51 500 105 39552 500 90 410

53 500 75 425d 54 500 60 4400

55 500 45 455

56 500 30 47057 500 15 48558 500 - 500

,; ~unt @ 3% should be on diminishing balances)":I--P.F.C.'scircular No:PensionlComputer196IPt.I, dated 9th January, 1997.]

d

6 DMISSIBILITY OF PENSION TO MEMBERS IN THE AGE GROUP OF 50-57 YEARS1 M> ARE CONTINUING IN SERVICE.

In case a member desires to draw Reduced Pension before completion of the age of 58 years, heay be granted pension if he is otherwise eligible but subject to the condition that he is not continuingservice. .-~-'-'~.-- •..--.-.~ -.-

he [C.P.F.C.'s circular No:PIPIC/v1I96, dated lOth May, 1996.]4"he:

WAL OF EARLY PENSION DATE OF COMl\fENCEMENT OF PENSION

The drawl of early pension under para 12(7), earlier to attaining the age of 58 years is linked to~conditionalities, namely:

1.~

.' 29

ibution.overedIthoughe, theirdate of-le with

t of theeligiblecessaryeligiblerembee, 199

led an!ible t

treate) and

ition'eredoughtheirte ofwith

PARA 12

CALCULATION OF MONTHLY PENSION UNDER PARA 12(3),12(4) AND 12(5)

Minimum pension provided for in sub-para (3), (4) and (5) of Para 12 would be applicable inrespect of retirees who will be availing their pension on attaining 58 years of age. The same considerationwill not be extendable to premature retirees who are applying for ear1y pension. In their cases,notwithstanding their age, they will be clubbed with the current retirees and their claims settled inaccordance therewith on par following the provision of sub-para (5) under Para 12 i.e. allowing uniformminimum pension of Rs.500 in every case without eo-relating to their age group from the equity point

view as clarified in the table indicated below:fthegiblesary~iblenber1995

AGE AGGREGATE DISCOUNT NET PENSIONYEARS MINIMUM @3% PAYABLE

Rs. Rs. Rs.

50 500 120 380

51 500 105 395

52 500 90 4LO

53 500 75 425

54 500 60 440

55 500 45 455

56 500 30 470

57 500 15 485

58 500 500

@ 3% should be on diminishing balances).'s circular No:PeosionlComputerI96IPt.I, dated 9th January, 1997.)

In case a member desires to draw Reduced Pension before completion of the age of 58 years, hebe granted pension if he is otherwise eligible but subject to the condition that he is not continuing

The drawl of early pension under para 12(7), earlier to attaining the age of 58 years is linked toconditionaJities, namely:

29

\

1. Exit from service; and2. Express desire indicated by the member to draw reduced pension after discounting at prescri

rate.It will therefore, be appropriate to regulate it strictly in accordance with the desire/choiceby the member and any decision for regulating it administratively either following the date ofor date of filing the application form will be relatively arbitrary and may not suit everyrequirement. Since the payment of early pension involves financial implications in the form ofarrears if allowed retrospectively and permitting higher pension prospectively for a longerof time besides other preferences of the member, it will be inappropriate to follow anydetermined process in this regard rather allowing it to be regulated in accordance with thebeing expressed by the member concerned.It is, therefore, felt that you may ascertain the position properly from the memberEndeavor may be made for providing a column in the application form itself to indicate this pas;t.by the member concerned while applying for sanction of early pension. In an event, when inof asking, the member concerned has not indicated any specific choice, date of applicationbe treated as the date from which the early pension is to be paid.[C.P.F.C.'s circular No:Pension-In(2)98/CEPSlPt, dated 11th March, 1999.]

As per para 12(7), the pension shall be reduced @ 3% for every year the age falls shortyears. Reduced Pension is to be calculated on diminishing balance.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 24th January, 1997.]

58 YEARS OF AGE - PENSION TO BE GRANTED - NO DIVERSION OF PFCONTRIBUTION TO THE PENSION FUND

Such of the members who attain the age of 58 years but still continue in service beyondof 58 years would start getting pension on attaining the age of 58 years. Thereafter no diversioncontribution to the Pension Fund would be required to be made. The employer's share ofin respect of them will remain in their respective provident fund account.

[C.P.RC. 's circular No:2(1)Clarificationl96, dated 22nd December, 1995 and No:Pensionl2(dated 23rd May, 1996.]

A member exit from service on voluntary retirement scheme before attaining the age of 50if so desires, may draw a monthly reduced pension from a date earlier than 58 years of ageearlier than the 50 years of age subject to application of reduction factor as prescribed in Paraof Employees' Pension Scheme, 1995 .

. [C.P.F.C.'s circular No:PensionlClarification!95, dated 29'h January, 1996.]

30

MEMBERS OF EFPS. 1971 - NOT ATTAINED THE AGE OF 48 YEARS/ATTAI~ED THEAGE OF 48 YEARS BUT LESS THAN 53 YEARS/ATTAINED THE AGE OF 53 YEARS. ASON 16..11.1995 - CLARIFICATION

The factual legal position as actuarially conceived regarding paragraph 12(3), (4) & (5) of the EPS,)995, is as under.-

Sub-paragraphs (a) and (b) of paragraphs 12(3), 12(4) and 12(5) are to be read independent ofthe words "subject to a minimum of Rs.800/-", "subject to a minimum of Rs.600/-" and "subject toa minimum of Rs.500/-" provided the past service is 24 years. In other words, a person will be entitled10 a minimum pension of Rs.800/-, Rs.600/- or Rs.500/-, as the case may be, only if:

0) On the date of his superannuation on attaining the age ot 58 years, he had rendered 24 years ofservice; and

(Ji) The aggregate of (a) and (b) under paragraphs 12(3), 12(4) and 12(5), as the case may be, is lessthan the prescribed minimum of Rs.800/-, Rs.600/- or Rs.500/- as the case may be.

In case the past service, i.e. eligible service on the date of attaining 58 years of age is less than24 years of service, pension (i.e. pension according to formula) and the benefit (i.e. the past servicebenefit) will be reduced proportionately and in such cases, the minimum pension and past servicebenefit taken together will be Rs.450/- p.m., Rs.325/- p.m. and Rs.265/- p.m. respectively.

This may be treated as interpretation of the provisions of paragraph 12 decided by the CentralGovernment under paragraph 41 of the EPS, 1995.[Ministry of Labour letter No.R-15025/01/99-SSII, dated 10thMay, 1999 circulated vide C.P.F.C.'s circularNo:PensionlI2/33IEPS/Amendmentl96, dated 11th/17thMay, 1999.]

'ED

YONDCOMPUTATION OF PENSIONARY ENTITLEMENT FOR MONTHLY MEMBER PENSIUN- REGULATING PENSION QUANTUM - FURTHER CLARIFICATION WITH REGARD TOGOVT.'S LETTER DATED 10.5.1999

Following further clarification with appropriate examples are issued with regard to computation ofMonthly Member Pension and in regulating the quantum of Pension amount payable under para 12(3)to 12(5) of E.P.S., 1995 :

icatio1.1 As per Rule 12(2) Future Service Pension to be calculated (say FPEN). If FPEN is more than the

minimum prescribed (e.g., 635/438/335 as the case may be),then FPEN will not beincreased.If FPEN is less than the-Minimum, then FPEN will be increased to the Minimum.

50 Ye but

As per Rule 12(3) Past Service Pension to be calculated (say PPEN).Aggregate of 1.1 & 1.2 will be called Total Pension (TPEN).If TPEN is more than the minimum prescribed (e.g. 800/600/500 as the case may be) then TPENis the Pension payable.

1.5 If TPEN is less than the minimum, then TPEN shall be increased to the Minimum (say MPEN).

31

f1.6 Total Service == Family Pension Scheme Service +Employees' Pension Scheme Service (Say T

If TS is 24 years and above then MPEN is the Pension Payable. 'If TS is less than 24 years then Pension Payable == MPEN x TSI24. •

2.1 Sub-paragraph (a) & (b) of Para 12(3), 12(4), 12(5) are independent of the minimum pensiproviso clause, as clarified by Government. That if "Total Pension" is more than "Minimu •Aggregate Pension" then "Total Pension" shall be payable notwithstanding the period of servirendered. In such a case linkage of 24 years service requirement and proportionate reductionsthe service is less than 24 years will not be relevant. The aggregate of (a) & (b) being equalor more than the minimum prescribed in the proviso clause as the case may be, shall be payab] 3)

2.2 Aggregate minimums prescribed under proviso clause of Para 12(1\ I?(d). 12~5) i.e. R:;.~QO,' 3Rs.600/- or Rs.500/- as the case may be, are payable only if the following conditions are sausned

• The member attains the age of 58 years.

• Member has rendered 24 years of eligible service.• Aggregate of (a) & (b) is less than the prescribed minimum of Rs.800/-; Rs.600/- and A''' •.JVUI

as the case may be.

If the eligible service is less than 24 years, the aggregate minimum of Rs.800/-, Rs.600/-Rs.500/- as the case may be, shall be reduced proportionately but not lesser than Rs.500/-Rs.325/- or Rs.265/- per month respectively.

2.3 If the member leaves the service before attaining the age of 58 years, i.e. early pensioncurrently upto November, 2000AD only an aggregate minimum of Rs.500/- will be consideredthe aggregate minimum pension, subject to having 24 years of eligible service and discountingpension @ 3% per annum for every year falling short of 58 years. In other words, the early .till November, 2000 will be clubbed with the Para 12(5) category irrespective of their age as16.11.1995, in order to remove the anomalies in the early pension cases. Likewise duringfive years i.e. from November, 2000 to November, 2005 the early retirees minimum pension qshall be restricted to Rs.600/ Rs.335 IRs.438 IRs.635 will be regulated. Such as retireesNovember, 2000 AD i.e. during first five years shall be given the credit of Rs.335/- oramount as per pension formula whichever is higher irrespective of age group as on 16.11.1995Rs.438/- for retirees during next five years, i.e., between November, 2000 AD to N2005 AD.

32

2.4 "Minimum Future Pension" has no relation with "Minimum Aggregate Pension". If "Formula.fallsshort of "Mihiffiumruture Pension" the' "Minimum Future Pension" shall apply. If.Pension" is more than "Minimum Aggregate Pension" then notwithstanding-

(a) Number of years of service rendered bya member is less than 24 years and/or(b) "Minimum Future Pension" is more than "Formula Pension", "Total Pension" shall be payable.

2.5 Government in their reference dated 10.5.1999 clarified that "Past Service" may be read as "EligiService" for the purpose of proportionate reduction if the service is less than 24 years.

SayTS

pensio

I•

Eligible Service = Actual Service + Past Service

For eligibility purposeEligible Service shall be used.

mimu • For calculation of benefits,servic Eligible service as reduced by period not contributed to be taken i.e.ctions i Past Service + Pensionable Service.equal toayabl 3) Example 1

80 3 1) Past Services. 0/. .atisfie Pensionable Service

Eligible Service

~s.5001

)00/- 0

,00/- 0

ember.~

ension"Tot

ible.

:Iigibl

21 years1,2,3 years22,23,24 years

Age at exitPensionable Salary

58 yearsRs.5,000/-

(above Rs.25001 Past Service benefit Pensionable Service benefitwages on 16.11.95) Under sub-para (1;) Under sub-para (a)

r----170 X 1.049 = 178 1 X 5000170 = Rs.71 or Rs.3351-

eX') 170 x 1.154 = 196 2 X 5000170 = Rs.142 or Rs.3351-170 X 1.269 = 216 3 X 5000170 = Rs.214 or Rs.3351-

(Upto Rs.2500/-wages on 16.11.95) 150 X 1.049 = 157 1 X 5000170 = Rs.71 or Rs.3351-

150 X 1.154 = 173 2 X 5000170 = Rs.142 or Rs.3351-('Y') 150 X 1.269 = 190 3 X 5000170 = Rs.214 or Rs.335!-

For 'X' Category

Eligible Service Aggregate of (a) & (b) Proportionate reduction

21 + 1 = 22 years 178 + 335 = 513 Since the aggregate of (a) & (b) is more than21 + 2 = 23 years 196 + 335 = 531 the minimum aggregate Pension of Rs. 500/-,21 + 3 = 24 years 216 + 335 = 551 proportionate reduction will not apply even if

-" -.~---•..-. - _. the eligible service is less than 24 years.Accordingly aggregate of (a) & (b) as -,

~ calculated shall be payable.

For "Y" Category

•. 21 + 1 = 22 years* 157 + 335 = 492 500 X 22124 = 458*

21 + 2.= 23 years 173 + 335 = 508 Proportionate reduction not applicable

21 + 3 = 24 years 190 + 335 = 525 ----

33

• *In the case of 22 years of eligible service for "Y" category Rs. 458/- will be payable.

• In the case of 23 years of eligible service Rs. 508/- will be payable,( Please see and be guided as clarified under 2.4)

3.2) Example 2 :-Past ServicePensionable ServiceEligible ServiceAge at ExitPensionable Salary

12 years5 years12 + 5 = 17 years58 yearsRs.5000/-

95 X 1.689 = 160 5000 X 5170 = 3571- 160 + 357 = 517/- Since the aggregate of (a)105 X 1.689 = 177 50(lO X 5170 = 357/- 177 + 357 = 534/- & (b) is more than the

minimum aggregate Pensionof Rs. 500/-, proportionatereduction will not applyeven if the eligible service isless than 24 years.Accordingly aggregate of (a)& (b) as calculated shall bepayable.

Aggregate of(a) & (b)

Past ServiceBenefit[Sub-Para (b)]

Pensionable ServiceBenefit[Sub-Para (a)]

Proportionate Reduction

[C.P.F.C.'s circular No:Pension-If7(2)98/CEPS/Vo!! dated 29th June, 1999.)

PARA 12A

COMMUTATION TO THE EXISTING MEMBERS PENSlONERS AS ON 16.11.1998 -DATE OF COl\tlMENCEMENT

Commutation option is permitted to the existing member pensioners as on 16.11.1998, in the monthin which it has been recei ved or from the 151 of the following month.

[C.P.F.C.'s circular N():Pensioll.:v7{2)9'8TCEP8,dated 9'h June, 1999.)

PARA 12A AND PARA 13

COMMUTATION OF PENSION - DATE FROM WHICH ADMISSIBLE - GUIDELINESCommutation of Pension as provided under para 12A came into force from 16.11.1998. All existing

member pensioners in payment as on l6.11.1998 are entitled to exercise this option alongwith the newmember pensioners from 16.1 t .1998 onwards.

34

:tion

The detailed procedure followed in developing the software (for calculation of commutation amountthrough computers) for release of commutation is as under.-

i) Commutation of Pension is effective from 16.11.1998 onwards.

ii) All the existing eligible member pensioners (granted under Para 12) in payment as on 16.11.1998are entitled to exercise the commutation option. Option is required to be filed in writing on a plainpaper by the eligible member pensioner himself.

iii) The commutation option should be from the prospective date oniy. In other words from the datethe application for commutation option is filed (on or after 16.11.1998) the amount of commutationwill be worked out from the first of the following month, so as to make necessary adjustments inthe pension in payment and also to avoid administrative inconvenience,

iv) Commutation can be made upto a maximum of 1I3rdof pension. It implies that the member pensionercan commute at any percentage rate not exceeding one third (33.33%) of the original monthlypension.

(a) ~ALCULATION OF REDUCED PENSION UNDER PARA 13(1) - AFTER COMMUTATIONOF PENSION AND ON EXERCISING OPTION FOR RETURN OF CAPITAL

sioniate'ply:e IS

ars., (a)I be

v) On commutation of the original monthly pension, the balance of pension (original monthly pensionminus value of pension commuted) shall be treated as monthly pension for the purpose of paymentof pension on monthly basis and for exercising the option under paragraph 13(1) for Return ofCapital.

vi) In such cases (i.e. after commutation of pension), the reduced pension as provided under para13(1) shall be calculated on the original monthly pension. The following example will illustrate:

(a)(b)(c)

(d)-- (e)

nonth

(f)

(g)

ESisting~new (h)

Original monthly pension under para 12Amount of pension commuted under Para 12AAmount of commuted value of pension(200 x 100 = 20,000)Balance of original monthly pension (600 - 200)

Reduced pension under Para 13(1) for ROC (Reductionfor option-I at the rate of 10% of original pension)(600 - 200 - 60)

Rs.600Rs.200Rs.20,000

Rs.400

Rs.340

Pension in'pllymefft(on commutation andReturn ofCapital)

ROe as per the option exercised(400 x 100= Rs.40,000 (Option 1 & 3)(400 x 90 = Rs.36,000 (Option 2)

Spouse Pension on death of Member pensioner[50% of original monthly pension as at (a)]

Rs.340

Rs.300

35

vii) For the existing member pensioners in payment as on 16.11.98, the payment of pension is to beregulated as per the example shown under point (vi) on filing the option for commutationon or after 16.11.98.

viii) Option once exercised is final and irrevocable. These options for commutation and Roe shall beexercised while submitting the claim form in respect of claims that will be filed and received on orafter 16.11.98.

ix) On allowing the commutation option on or after 16.11.98, an Annexure showing the calculation ofcommutation revised ROe, Pension in Payment shall be prepared and sent to the paying branches!members pensioners concerned, for incorporating in the PPOs appropriately. A revised PPOindicating the changes made be forwarded to the paying branches for record and to regulate thepayment to the member pensioner accordingly.

x) Annual relief as applicable is to be calculated on the original monthly pension as at (a) instead ofon the balance of original monthly pension as at (d), even after allowing commutation, to the eligiblebeneficiaries.

xi) Commutation facility is not applicable to permanent and total disablement pensioners.[C.P.F.C.'s circular No:2/4/Clarificationl961B, dated 30tla October, 1998.]

PARA 13.

RETURN OF CAPITAL TO THE NOMINEE - NOMINEE PREDECEASES - FRESHNOMINATION

In the event of death of the member pensioner, amount of 'Return of Capital' is admissible to thenominee (declared by the member-Pensioner in claim Form lO/D). A fresh nomination will be requiredto be executed by the Pensioner if the nominee predeceases the pensioner himself.

[C.P.F.C.'s circular No:2(l)Clarificationl95, dated 22'" December, 1995.J

RETURN OF CAPITAL TO THE DISABLED PENSIONERS - IN THE CASE OF PENSIONCOMMENCING BEFORE ATTAINING THE AGE OF 50 YEARS - APPLYING THEREDUCTION FACTOR

Explanation 3 under Para 13(1) of the Employees' Pension Scheme, 1995 provides that in thecase of a member who is eligible for permanent total disablement pension and where the payment of"such pension is commenced before~his attaining the age of 50 years, the option shall also beadmissible but in suc~h~~s~s the actual pension payable shall be reduced by 1% and the return 6fcapital shall be further reduced by Rs.I ,000/- for every year by which the age at commencement ofpension falls short 50 years.

The matter has been examined in detail in consultation with the Consultant Actuary, and it isclarified that in the event of payment of disablement pension commencing before attaining age of 50years thededuction wiIl apply both in the quantum of pension as also in the amount of capital returnas under:-

36

1benor

n ofhes/Jpothe

dofible

the[red

heof

fof

o.m

• Consider a disabled Pensioner aged 35

• Original Pension Rs.500/- - opted for ROC• ROC Pension in normal course would have been Rs.450/- and ROC as Rs.50,000/-.

• In case of Disablement Retirement Reduction In ROe = ks.45u x.OJ x (50 - 35) = R~.67.50

• ROC Pension Payment = Rs.450 - Rs.67.50 = Rs.382.50

• Return of Capital = Rs.50,OOO - (50-35) x Rs.1,000 = Rs.35,000.

This will mean that a pension in payment is to be reduced by 1% and the Return of Capital isto be further reduced by Rs.1,000/- per year falling short of years to 50 years of age.

NOMINATION IN FAVOUR OF A PERSON BECOMES VOID ON ACOUIRING A FAMILYDY THE MEMBER

As per para 16(5)(a) if a nomination is made by any member in favour of a person the same shallbecome void in the event the member acquires a family subsequently. Similar is the general provisionin regard to nomination contained in EPF Scheme, 1952 which shall apply by virtue of Para 38 of theEmployees' Pension Scheme, 1995.

ADMISSIBILITY OF PENSION TO WIDOW & CHILDREN AFTER DEATH OF THEMEMBER WHO DIED AFTER AVAILING PENSION FOR A FIXED PERIOD OF 20YEARS UNDER ALTERNATIVE 3 BELOW PARA 13(1)

Under 3rd alternative below para 13(1), the member pension will cease after the fixed period of20 years. However, the benefits for widow/children are to be regulated as per para 13(3).

DEATH OF MEMBER PENSIONER - ADMISSIBILITY OF PENSION FOR THEUNEXPIRED PORTION OF 20 YEARS VIS-A-VIS THE WIDOW/CHILDREN/ORPHANPENSION

On the death of the member-pensioner who had opted for 3rd alternative below para 13(1) i.e.pension [or a fixed period of 20 years, the pension for the unexpired portion of 20 years shall beadmissible to the nominee in addition to the Return of Capital amount. In addition, Widow/children shallget pension as per the provisions under para 13(3).

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 17lb July, 1996.]

PARA 14

CALCULATION OF WITHDRAWAL BENEFIT- ROUNDING OFF OF LAST PAYDRAWN =-

For calculation of Withdrawal Benefits under the Employees' Pension Scheme, 1995, full pay lastdrawn may be rounded up to next Rs.lO/- as was done in the erstwhile Employees' Family PensionSCheme; 1971 .

[C.P.F.C. 's circular No:Pensionl2(4)/Clarificationl96, dated 171b July, 1996.J

37

REFUND OF CONTRIBNUTION ON LEAVING SERVICE/MEMBERSHIP WITH LESSTHAN 6(SIX) MONTHS PERIOD

If a member has put in less than 6(six) months contribution and is leaving the membership withoutbecoming eligible for any benefit under the Employees' Pension Scheme, 1995, he may be refunded thecontribution component only.

[C.P.F.C.'s circular No:PIPICNI/96, dated lOlh May, 1996.]

ISSUE OF SCHEME CERTIFICATE - ACTUAL SERVlCEIPENSIONABLE SERVICE!SALARY NOT TO BE ROUNDED OF

The Scheme certificates are to be issued with actual salary and actual sp.rvlrp :-Itth~ tj?.!~ of exit,The principle of rounding of salary/service should take place only at the age of superannuation or whenthe pension payment is to be made.

[C.P.F.C.'s circular No:Pensionl2/4/ClarificationlHl98, dated 81hMay, 1998.]

PARA 15 [read with Para 2(xvi)]

BENEFITS ON PERMANENT DISABLEMENT - ADMISSIBLE IF CONTINGENCYOCCURRED DURING EMPLOYMENT

As per the amended provisions of para 2(xvi) read with para 15(1) of the Pension Scheme, thebenefits will become admissible subject to occurrence of the contingency during employment regardlesswhether such disablement is sustained in the course of employment or otherwise.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 171hJuly, 1996.]

PERMANENT & TOTAL DISABLEMENT - PRESCRIBED MEDICAL EXAMINATION

In pursuance of sub-para (3) of Para 15 the Central Board of Trustees, E.P.F. has approved thatMedical examination as required under para 15 shall be required to be conducted through a MedicalBoard of the area constituted either by the Central Govt. or the State Govt. or the ESIC authorities orany other local authority competent to constitute such a Medical Board and certificate issued by sucha Medical Board certifying the permanent and total disablement shall hold good for considering andsanction of disablement pension.

[C.P.F.C.'s circular No:PensionIPICNIlIi96, dated 2nd January, 1997.]

PERMANENT .TOTACDISABLEMENT PENSION - STATUTORY· PROVISION' ~PRESCRIBED PROC EDURE· CLARIFICATIQN

Para 15(1) of the EPS, 1995 read with definition of the term "Permanent and Total Disablement"contained in Para 2(xvi) ibid, clarifies the position. Para 15(1) of the Scheme entitles the benefit onpermanent and total disablement during service while the definition provided under Para 2(xvi) definesthe term "Permanent and total disablement".

38

theless

s •loutthe

••

:E/ •

.xit.hen

.hatical')orllchand

nt"onnes

It implies that:

The disablement could occur in the course of employment or otherwise, In other words, the injuryneed not be restricted to employment injury alone or relating to work place. However, it need beduring employment contributing to the membership of the fund and not extendable during non-cmployrnent period of membership, if any.Disablement need be total i.e.100%.

The disablement be of permanent in nature; and that

Such permanent total disablement shall incapacitate the member employee for all work which he/she was capable of performing at the time of disablement. Incapacitating any member renderingunfit for the ongoing employment or rendering unfit for any employment partially will not suffice.The above-mentioned requirements are to be fully satisfied upon conduct of medical examinationof the members concerned by any authorised Medical Board of a Central/State Govt.IESIC Hospitalor other prescribed authorities. In order to follow uniform procedure, two proformae have beendesigned one for regulating such cases and other for obtaining the report from the Medical Board.(For proformae refer to the "Forms and Returns" Section at the end of this Handbook).[C.P.F.C.'s circular l\To:Pension/2(4)/Clarificationl96/, dated 24thMarch, 1999.]

PARA 16

MONTHLY WiDOW/CHILDREN PENSION - ONE MONTH'S CONTRIBUTION -MEANING

One month's contribution laid own under Para 16(1)(a) does not mean full month's contribution.One month's contribution for all purposes wiII constitute of contribution payable in that month in respectof the employee for the number of days served before death in service. Accordingly, widow and childrenwould get pension if the member died after contributing for a part of the month during which he served.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96/3157, dated 9thDecember, 1996.]

DEFINITION OF THE TERM 'SALARY' APPEARING UNDER TABLE 'C'

The term 'SALARY' appearing in table 'C' of EPS,95 may be construed in accordance with theprovision of 'Pensionable Salary', in terms of Para 11(2) read with Para 2(xiii)which defines the 'Pay'as basic wages with dearness allowance, retaining allowance and cash value of food concession,admissible, if any. Same is the concept followed in the case of EPF which is relatable in terms of Para38 of the Employees' Pension Scheme, 1995.

[C.P.F.C;'s circularNo:Pension/2(4)/Clarificationl96, dated 17" July, 1996.]

MONTHLY WIDOW/CHILDREN PENSION - MEMBER RENDERED LESS THAN 10YEARS SERVICE - RETAINED=THE MEMBERSHIP - DIED BEFORE ATTAINING 58·YEARS' AGE - ADMISSIBILITY~

As per note under para 16(1)(c), if a member has rendered less than 10 years of eligible serviceon the date of exit but had retained the membership of the pension fund and died before attaining the

39

age of 58 years, such cases shall be regulated as per proviso under para 12(8) for payment of widowlchildren/orphan pension.

[C.P.F.C.'s circular No:PensionJ2(4)/ClarificationJ96, dated 24thJanuary, 1997.] .

MONTHLY CHILDREN PENSION

Monthly Children Pension is admissible in addition to monthly Widow/Widower Pension in all thethree eventuality under Section 16(1)(a), 16(l)(b) and 16(l)(c), provided there are surviving childrenwho have not attained the age of more than 25 years and that Children Pension shall be admissible tomaximum of two children at a time.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96,dated 17thJuly, 1996.]

MONTHLY CHILDREN PENSION TO TWO CHILDREN AT A TIME - FAMILY HASTWINS IN ADDITION TO AN ELDER SON - HOW PENSION TO BE PAID

In such cases pension would be released to two children - one who ,S the eldest of the three andthe other elder one of the twins.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl97, dated 7thApril, 1998.]

MONTHLY ORPHAN PENSION -75% OF THE WIDOW PENSIQN - PAYABLE TO EACHOR TO BE DIVIDED BETWEEN THEM

As per para 16(4)(a) read with para 16(4)(b), 75% of the Monthly widov .•.pension is to be paidto each of the orphan, subject to a minimum of Rs.170/- per month per orphan (raised to Rs.250/- videG.S.R. No.41 dated 12th January, 2000).

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 24thJanuary, 1991.1

MONTHLY CHILDREN PENSION - PERMANENTLY AND TOTALLY DISABLEDCHILDREN - PARA 16(3)(e)

Para 16(3)(e) provides for payment of monthly pension to permanently and totally disabled children!orphan irrespective of their age and number of children in the family in addition to the children pensionprovided under Para 16(3)(d).

In regard to the doubt raised as to whether Para 16(3)(e) is independent of Para 16(3)(d) for grantof disabled children pension, Ministry of Labour has clarified as under:-

"Conceptually there is a need to read paragraph 16(3)(d) and 16(3)(e) together. As providedunder para 16(3)(d), the month Iy chi Idren pension will run from the oldest to the youngest child. If, thereare two disabled children and both are age-wise seniors to others, then pension will be payable to these "two children only. However, if there is any other totally disabled child in the family, he will also beentitled to get pension but in no case, pension will be payable to other children if two senior disabledchildren are already getting pension under the Scheme. In cases where first two children are normal andage-wise senior, then in their cases, pension will be payable in addition to the pension payable to thedisabled children."

40

To understand the implications/clarifications better, six examples are worked out as under:

CASE·I

• pt Normal Child

• 2nd Normal Child

• 3rd Disabled Child

• 4th Disabled Child

First 2 normal children (upto 25 years age) will draw pension. Since 3rd and 4th children are disabledchildren they will also get Children pension in addition to 1st and 2nd child.

CASE·II

• pt Normal Child

• 2nd Disabled Child

• 3rd Normal Child

• 4th Disabled Child

151 and 2nd children will get pension automatically on the basis of the seniority to begin with.4th child being disabled shall also draw pension in addition to first two children.3rd will not get at all as 2nd and 4th will be drawing pension life long.

CASE·III

• I" Disabled Child• 2nd Disabled Child

• 3rd Normal Child• 4th Normal Child

I"' and 2nd children will only get pension since they will draw pension for life.)'d and 4th child will not have the occasion to draw pension unless any vacancy arises otherwise.

CASE·IV

~st Normal Child

2nd Disabled Child3rd Normal Child41h Normal Child

1" and 2nd children will get pension. On completion of age of 25 years of 1st child, 3rd will occupy thept child slot, likewise 4th child on completion of 3rd child.

-tl

DISABILITY - CERTIFICATE BY MEDICAL BOARDIn regard to deciding the permanent and totally disablement of a child, a certificate certifying

disablement of the child by Medical Board, on line with the definition and procedure prescribed under

CASE·V

• 1st Disabled Child• 2nd Normal Child• 3rd Normal Child

.. • . 4th No.rnal Child

I" and 2nd children will only get pension. On completion of age of 25 years of 2nd child, 3rd willoccupy the slot and likewise 4th will occupy the 3rd child position, on completion of 25 years ageof 3rd child.

CASE·VI

• I" Disabled Child• 2nd Disabled Child• 3rd Disabled Child• 4th Disabled Child

All the 4 disabled children will get pension simultaneously.[Minilotry of Labour letter No.R-15011/1/2000-SSn, dated 20th June, 2000 & C.P.F.C.'s circular No : Pension- 117 (2) 2000/CEPS, dated 13th july. 2000.]

PENSION TO PERl\-fANENTLY AND TQTALLY DISABLED CHILDREN - CRUCIAL DATEOF DECIDING THE ELIGIBILITY • PARA 16(3)(e)

The crucial date of deciding the eligibility of permanently and totally disabled children would be:• As on the date of death of the member concerned while in service or away from employment

retaining the contributions upto the age of 58 years.• Ason the date of death of the member pensioner on becoming pensioner.

The criteria for the coverage and entitlement of permanently and totally disabled children pensionshould be during the risk period coverage of such children i.e. the permanently and totallydisablement occurred to a child (in the family of the member) during the risk coverage period upto25 years of such child shall be considered and the disabled children pension under para 16(3)(e)shall be continued for life long. If the child has attained the age of 25 years and the normal childrenpension is Slopped and thereafter such child get permanently and totally disabled, such categoryof children are beyond the purview of risk coverage and hence not entitled for disabled childrenpension.[Ministry of Labour·1ettt!r~R-150HI1l2000-SSII, dated 20th june, 2000 & C.P.F.C.'s circular No:renlSloll-II7(2)2000/CEPS, dated 13th july, 2000.] . .

42

onIlyito(e)'en.ryen

para 2(xvi) read with Para 15(3) of Employees' Pension Scheme, 1995 needs to be followed.The childshould be totally unfit for the employment, for consideration of permanently and totally disabled children!orphan pension, after the same is considered and certified by the prescribed Medical Board.

[Ministry Ot Labour letter No.R-15011/1l2000-SSIl, dated 20th June, 2000 & C.p.F.e's circular No:Pension-In(2)2000/CEPS, dated 13th July, 2000.]

!ill NOMINATION UNDER PARA 16(5)(a) - IF NOT FILED UNDER EPS. 1995 - NOMINATIONige [lLED UNDER EPF SCHEME. 1952 CAN NOT BE ACTED UPON.

Nomination filed under E.P.F. Scheme, 1952 can not be made applicable to Employees' PensionScheme, 1995. Separate nomination under EPS, 1995 is required to be executed for authorisation ofnominee pension Ilnill"r thl" rr;"'i~i0~~ of Para !6(5)(a).

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 24tb January, 1997.]

troMINATION UNDER PARA 16(5)(a) - RECEIVED AFTER THE DEATH OFMEMBER - VALID

The nomination in Form-2(R) received from the employer even after the death of the member canion be treated as valid for extending the benefits under Employees' Pension Scheme, 1995 provided the

Nomination was filed by the member when he was alive subject to certifying by the employer as to thecorrectness and genuineness of such documents.

mt

liOMINATION UNDER PARA 16(5)(a) - MORE THAN ONE NAME - OPERATIONALINSTRUCTIONS FOR VALIDITY(a) If more than one name is mentioned in the Nomination Form [Form-2(R)], the first name may

be considered ignoring the other names for "Nominee Pension";(b) If the first nominee predeceases, the second nominee may be considered for "Nominee

Pension" at the crucial date of the death of the member, ignoring the other names, if any.[C.P.F.C.'s circular No:FP-3/28/97IMH, dated 4tb April, 2001]

e:

PAYMENT OF PENSION TO PARENTS - DETERMINATION OF DEPENDENCYCRITERIA - NOT SPECIFIED ANY INCOME CRITERIA

Clause (aa) of Sub-para (5) of Para 16 (inserted vide Govt. of India Notification dated22.2.1999 published vide GSR No.66 Gazette of India - March 6, 1999) entitles the dependentparents of a member of the Employees' Pension Scheme, 1995 who dies leaving behind no spouseIpd/or an eligible child and no-nomination by such deceased member exists. The term 'dependantparents' signifies determination of dependency criteria.

The matter regarding deciding the dependency criteria was referred to the GOVl. of India. TheSUbjectdirection of the Govt. permitting entitlement of Pension claim from the parents does notlpecify any income criteria to be followed for deciding the dependency.

[Authority: Decision of the CBT, EPF in its 1515t meeting held on 14.08.1999 and Ministry of Labour letterRef. No.R-1501212/99-SS.II, dated 18.10.1999] [CPFC's circular No: Pensionl12/33/96, dated 26tb October,1999]

)0-

ler

43

ENTITLED FOR MONTHLY PENSION UNDER PARA 12

If a member is not entitled to a pension at date of exit then his beneficiary can not receive a vv"" ••..'u,under para 16(5)(b). Nominee beneficiary will not receive pension, but hislher benefit shall notless than Capital Value of notional Pension otherwise payable to the member.

Examples:

PAYMENT OF PENSION TO PARENTS - DEATH OF MEMBER OCCURRING BETWEEN16.11.1995 AND 05.03.1999

Claim for payment of pension to dependant parents may be accepted and settled as per thescheme provision in respect of death of the member occurring between 16.11.1995 and 05.03.1999 i.e.,.the date of implementation of the EPS 1995 and the amendment notified. However, since provisionpermitting pension payment to parents have been brought in through amendment notified and effectivefrom 06.03.1999, the payment of pension to the parents shall be payable from the said date only i06.03.1999 onwards. In other words, the claims received in respect of death of the member occurringbetween 16.11.1995 and 05.03.1999 i.e. interregnum period between introduction of the EPS 1995from 16th November, 1995 till the date of amendment of the Pension Scheme permitting pension paymentto dependent parents effective from 06.03.1999 shall be admitted for settlement uui 4\..Luui.payrueiu uipension to parents shall be released from 06.03.1999 onwards only i.e. the date from which such paymenthas been authorised under the scheme through the amendment cited.

[Authority: Decision of the CBT, EPF in its 1510tmeeting held on 14.08.1999 and Ministry of LabourRef.No.R-15012/2/99-SS.II, dated 18.10.1999] [CPFC", circular No: Pensionl12/33/96, dated 26th Octonee1999]

(1) Date of joining: 1.12.1995; Date of leaving 1.1.1996; Salary Rs.5,0001-; Date of death15.2.1996.

Notional pension should be based on the scheme formula: Rs.5,000 x 1170=Rs.71. So,beneficiary will get Rs.71 x 100 times = Rs.71001- as Capital Value of Pension.

(2) Date of joining: 7.12.1988; Date of leaving 15.12.1996; Date of death: 1.4.1997; SalaryRs.5,0001- .

Past service Pension is = Rs.85/-. Future Scheme Pension = Rs.5,OOOx 1170= Rs.711-. Notipension payable =Rs;85 + Rs.71 ·Rs;-l56I-. So; Nominee beneficiary will get Rs.156 x 100Rs.15,600 as Capital value ofPension. "

(3) Date of joining: 15.1.1996; Date of exit: 1.1.2005; Date of death: 1.8.2005; Salary: Rs.5

Past Service Pension = O. Further Service Pension = Rs.5,OOOx 9170 = Rs.642/-. So, nbeneficiary will get Rs.642 x 100= Rs.642001- .

.[C.P.F.C.'s circular No:Pensionl2(4)/ClarificationlI6(S)(b)/96, dated 4th June, 1998.]

44

etterober;

PARA 17

.dedi.e.,liontiveI.e.nng995nentIt ofnent

OPTION TO BECOME MEMBER OF EPS, 1995 FROM A RETROSPECTIVE DATE-CALCULATION OF AMOUNT TO BE DIVERTEDIDEPOSITED FROM PF ACCOUNT TO

- £f:NSICN FUND ACCOUNT - INTEREST PAYMENT FROM WHICH DATE.

Contribution has to be worked out on actual wages of each member for the relevant period from1.3.1971 to 15.11.1995. In case of difficulty the same may be worked out on a standard basis followingthe wage ceiling limit that was prescribed from time to time with interest thereon calculated @ 8.5% perannum uniformly compounded on annual basis. The amount so arrived at shall become payable on16.11.1995. The interest @ 8.5% from 16.11.1995 to the date of actual remittance of the amount bythe member concerned to the credit of the Pension fund need be worked out and added further.

[C.P.F.C.'s circular No:Pensionl3/41 97/AP, dated 21st March, 1997.]

sion)t be

ith :

.\

45

CALCULATION OF AMOUNT TO BE DIVERTED FROM PROYIDENT FUND ACCOUNTTO PENSION FUND ACCOUNT IF ONE OPTS FOR PENSION SCHEME WITH EFFECTFROM 16Ill NOVEMBER, 1995

YEAR TOTALMONIHYSALARY

Rs.

3/84-2/85 1600

OPENING IN'I'ERr.Sf . COl'.'TRIDL'TIONBALANCE 8.5 %

Rs. Rs.

160012500 322 19x6+29x6=288

Amount as on 15.11.1995

3/85-8/85 &

2500 6756 574 29xl2=348

Rs. 31,550

Rs. 7fQ

Rs. 32,332Rs. 2,748Rs. 35,080

TOTAL

Interest from 16.11.1995 to 31.3.1996 @8.5%p.a.

TOTAL

Interest from 1.4.1996 to 31.3.1997

*Interest has been calculated on Opening Balance.

46

TT

PARA 17A

SETTLEMENT OF CLAIMS WITHIN 30 DAYS - STEPS TAKEN

In keeping with the requirement made in para 17A of the E.P.S., 1995, to complete the settlementprocess of pension claim within a period of 30 days, it has been decided that the PPOs generated duringa calendar week should not be put on hold but be forwarded to the Link Branch of the designated Bankson weekly basis. The PPOs generated from Monday to Friday need be forwarded to the designatedBank by Friday evening alongwith an account payee cheque covering the amount of pension payableupto the previous month (including arrears and commuted value, if any).

[C.P.F.C.'s circular No:Pension-I/22(1)2000, dated 21,t January, 2000.]

PARA 18 AND PARA 24

(1) REGULATION OF CASES OF DATE OF BIRTH OF THE MEMBER AT THE TIMEOF ENTRY INTO THE EMPLOYMENT • ABSENCE OF PROOF

The age/date of birth of the member as furnished through Form 9 in a verified manner by theEmployer on entry into the service of the establishment should be accepted as such and taken onrecord.

(2) CHANGE OF DATE OF BIRTH SUBSEOUENTLY - NOT TO BE ALLOWED

Once the date of birth is accepted through the initial return filed by the employer, the same willnot be allowed to be changed/modified except on technical ground and that even with prior formalapproval of Head Office.

(3) REGULATION OF CASES OF CHANGE OF DATE OF BIRTH OF MEMBER -ABSENCE OF PROOF

The age/Date of Birth of the member as furnished through Form 9 in a verified manner by theEmployer on entry into the service of the establishment should be accepted as such and taken onrecord. No subsequent change is allowed except on technical ground and that even with priorformal approval of Head Office.

CHANGE OF DATE OF BIRTH AFTER ACCEPTED IN FORM 9

The age/Date of Birth of the member accepted through the initial return filed by the employer willnot be allowed to be changed/modified. H.:..9wever,if any such request is received from the memberconcerned through the employer for change in the Date of Birth citing valid reasons, then theconcerned officer viz. R.P.F.C.lOfficer-in-Charges, Sub-Regional Office, may in genuine cases callfor and rely on the following to decide the issue appropriately on merit:

a) Original Date of Birth Certificates issued and certified based on the record of birth beingmaintained by Registrar of births and deaths, municipal authorities/School Leaving Certificatesissued by the Competent Authority (Principal/Headmaster/Order of competent Court). (Thisshall exclude cases of current certification based on member declaration).

47

BY CONSUl\IER DISPUTES REDRESSAL FORUM - EXTRACTS OF THE ORDER

A complaint was filed by some of the members of E.P.S., 1995 before the Consumer DiRedressal Forum, Kozhikode vide O.P. No:7012000. The complainants who were three in numberretired on superannuating after attaining 58 years of age challenged the quantum of monthly pensionby the RPFC, Kozhikode saying that they are entitled to a much higher amount as pension as theof birth taken into account by the RPFC for fixing the quantum of pension is wrong. CPFC wasmade an opposite party. The relief sought for in the complaint was to give a direction to the n •.•·nn'''t ••

parties (CPFC/RPFClEmployer) to alter their year of birth as 1941 instead of 1943 and pay themhigher pension.

The Forum refused to give this relief. The operative part of the order is as under:"But ongoing-through the-records we are afraid thatthe complainants cannot be given this

Ex.Rl to R3 are admittedly the nomination forms given by these complainants for joining in the scnemeI!1 these forms the year of birthof all these complainants are shown as 1943. Admittedly allcomplainants have signed in this forms and further they have given a declaration that the particularsin the forms are true and correct. Thus having once given a declaration saying that their year ofis 1943 and having allowed the opposite parties to initiate the proceedings acting on these n<>,rtlr'l1

thus furnished by them, they cannot now turn around and say that the year of birth shown in Ex.RIR3 is wrong. Or to put it differently, having given a declaration rather categorically that their year of

b) In case of School Leaving Certificate, it may be prudent to get it verified to ensure genuineness.Authenticity of the document may be got established by making reference to such authoritywho have issued such certificate and the regulatory authority, if any, as counter checking.

c) In the absence of proof of age/Date of Birth, as above, Medical Certificate issued by theCompetent Civil surgeon after examining the concerned member medically supported withaffidavit on oath by the member duly authenticated by a first class Judicial MagistratelMetropolitan Magistrate and accepted/endorsed by the employer.

(5) DATE OF BIRTH OF SPOUSE AND CHILDREN - PROCEDURE TO BEFOLLOWED IN THE ABSENCE OF PROOF

Initial declaration in Form 2(Revised) filed by the member declaring the age/Date of Birth of thespouse and children and countersigned by Employer may be accepted, in general, unless anyinconsistency is noticed, without insisting for the proof. However, if such details are not filed ininitial stage or any request for change in the age/Date of Birth of family members is pursuedsubsequently, it has to be ensured to collect and verify the documentary evidence in support of theclaim for change as listed under (a), (b) and (c) above.

(6) NO CHANGE OF DATE OF BIRTH ALLOWED AFTER ITS ACCEPTANCE INEPFO RECORDSAs far as possible, no change in the Date of Birth is allowed after its acceptance in Employees'Provident Fund Organisation records through the prescribed initial statutory return.[C.P.F.C.'s circular No:FP.3(8)/Orissal97, dated 6t1o January, 1999.]

48

is 1943, they are now estopped from saying that the said information is wrong and that their year of birthis 1941, even if the year of birth shown in Ex.R 1 to R3 is wrong. So much so the action of the oppositeparties fixing the P.P. Pension of the complainants taking their year of birth as 1943 cannot be termedas either improper or illegal as sought to characterized by the counsel for the complainants. This beingthe position, we have no other option but to dismiss this complainr. The complaint is therefore dismissedbut however without any order as to costs. Pronounced in open court this the 19th day of May, 2000."

[Order dated 18/19 May. 2000 of the Consumer Dispute Redressal Forum. Kozikode in O.P. No.70/2000 -circulated vide CPFC's circular No.Pensionl3/8/0rissal97IPt. dated 2pl Aueust. 2000)

PROOF OF DATE OF BIRTH NOT AVAILABLE

!'l0!"!!,<l11;" th~ ':'~1J:.,:,,:,!"!J:.~!'is supposed to provide age particulars while at the time of joining thescheme. Form-2 also provides the date of birth column for member, which is likely to generate theinformation. However, in the absence of above, the date of birth recorded in the service record maintainedby the establishment and as certified by the employer concerned may be followed.

[C.P.F.C.'s circular No:Pensionl2(4)/Clarificationl96, dated 23rdMay, 1996.]

PARA 32

(1) RELIEF TO THE BENEFICIARIES OF THE CEASED FAMILY PENSIONSCHEME. 1971

Central Government has allowed additional relief to the beneficiaries of the ceased FPS, 1971 as under:

S.No. Date of death Per month percentage Subject to minimumof increase increase of

1. Before 1.4.92 15% Rs.75/-2. Between 1.4.92 to 31.3.93 12% Rs.60/-3. Between 1.4.93 to 31.3.94 9% Rs.45/-4. 1.4.94 to 31.3.95 6% Rs.30/-

The relief sanctioned above is effective from I" April, 1995 and shall be admissible only for thecases settled under the ceased Farni ly Pension Scheme, 1971.

[C.P.F.C.'s circular No:FP/15(4)n7/ActvaIJ95, dated 281h August, 1997.]

RELIEF TO PENSIONERSMinistry of Labour-has allowed 4% relief on pension in payment as on 15.11.1996 to existingpensioners, widow pensioners and orphan pensioners. '"[C.P.F.C.'s circular No:Actuary/18(1)/96NoI.II, dated 3rdDecember, 1997.]

ADDITIONAL RELIEF TO PENSIONERSMinistry of Labour has allowed 5.5% additional relief on the original pension to all pensioners ason 31.3.1998 w.e.f. 1..4.1998.[C.P.F.C.'s circular No:PensionlI8(2)/97Nol.I, dated 12th January, 2000.]

49

50

(4) ADDITIONAL RELEIF TO PENSIONERSMinistry of Labour has allowed 4% additional relief on the original pension to all pensioners as on

31.3.99 w.e.f. 1.4.1999.[C.P.F.C. circular No. : Pension-I118(l)199Nol. I, dated 14th June, 2001.]

PARA 39

EXEMPTION APPLICATIONS - SCRUTINY AND DISPOSAL - FORWARDING TQCENTRAL OFFICE - PROCEDURE

In order to streamline the procedure and to have uniformity, the Exemption Applications receivedby Sub-Regional Offices be submitted to Regional P.R Commissioner-in-charge of the Region for properscrutiny and disposal. RPFC-in Charge of Region will only forward the pmpm:~lo;:whirh ~!"'::'!!! ~0!!!p!et:form and found in order as per the prescribed procedure/guidelines, with his specific comments!recommendations. Controller of Pension [now the RPFC (Pension)] in the Regions are to assist theRPFC-in-Charge, to scrutinise, monitor and regulate disposal of Exemption Applications and foroverseeing compliance under Employees' Pension Scheme, 1995.

[C.P.F.C.'s circular No:PensionlGenllExeml9713264, dated 12thJune, 1997.]

FURNISHING OF COMPARATIVE STATEMENT - EXEMPTION APPLICATIONSWhile processing the exemption application by the RPFC-in-Charge of the regions, a comparative .•.

statement in the prescribed format be prepared on the basis of the information! Pension Scheme furnishedby the establishment. It should also be ensured that Evaluation of the comparative statement in Annexure'E' submitted by the establishment duly certified by their Actuary is got verified as to its correctness andspecific comments against each such benefit parameter should be furnished in the comparative statementThe comparative statement compiled and finalised on the above lines be submitted, in addition to Annexure,'E', while forwarding exemption application to Central Office.

On being satisfied with the proposal submitted by the establishment and found to be in orderregard to submission of requisite documents/details as required under Para 39 of Employees'Scheme, 1995, the proposal be submitted in triplicate with all the prescribed supporting documents':annexures completed in all respects duly authenticated with the specific recommendations of thefor scrutiny and further processing of the matter at Central Office.

[C.P.F.C.'s circular No:PensionlGenIlActuarylExeml97, dated 12111August, 1997.]

DISPOSAL OF EXEMPTION APPLICATION - TIME FRAME OF SIX MONTHSPara 39 provides, inter alia, that Exemption Application shall be disposed of within a period

6 months from the dateofiJu~t or Sllch further time, that may be extended for reasons torecorded 'in writing. In case the,Exemption Application is not disposed of within the specifiedthe exemption applied for shall be deemed to have been granted. Explanation under para 39 clarifiesthe period of 6 months will count from the date on which the application for exemption is givencomplete form to the satisfaction of the Regional Provident Fund Commissioner. In view ofprovisions, it is expected that 'Exemption applications' are scrutinised and disposed of appropriately'Top Most Priority'.

[C.P.F.C.'s circular No:PensionlGenllExemlActuaryI195, dated 25'- July, 1996.J

ed>eretetslhe.or

D D

COMPUTERISEDEMPLOYEES' PENSION SYSTEM

~ __ 0_ •• _- __ 0 ___ . __ . ____ __ .. _-"

~

0 D

COMPUTERISED EMPLOYEES' PENSION SYSTEM

On introduction of the Employees' Pension Scheme, 1995, it was felt that it would not beeasy to deal with a large number of covered establishments; members and the beneficiaries. Manualprocessing of collection and compilation of data about the beneficiaries and their family members isvirtually impossible. It was, therefore, felt that the entire operation starting with coverage of theestablishments, enrolment of the members, processing of the applications for settlement of pension, issueof pension payment order, handling of the PPO in the banks/post offices and final disbursement of pensionwould require computerisation so that the operation would be smooth, authentic, accurate, uptodate andcredible. Keeping this objective in view a system software package was conceptualised with the helpof Consultant Actuary and the officers of the NIC LISD. An appropriate software was designed andtilt; illiiiai programme upto the stage ot generating Pension Payment Orders was put to use. Later, theprogramme was enlarged with other work areas and the modified/enlarged versions released to makeit more useful. By now the Organisation has developed 8 sub-programmes and all the sub-programmesare being used. These sub- programmes are as under:-

1. Creation of a master record for all existin2 members in the required format.Input: a) Form-9, Form-2

b) Form-5, Form-lOc) Form-3(PS), Form 4(PS), Form 5(PS)

Output: Check list for the details of member and his family in regard toProvident Fund Scheme and Pension Scheme.

2. Details of all existin2 pensioners

Input: a) Capturing the details of manually prepared PPOs

b) Updation of PPO details on processing the Monthly Pension Claim through theprogramme.

Output: PPO Format.

3. A calculation proeram to compute individual pensions and a print out of PensionPayment Order.

Input: a) Form-l0D- -._-- .-------

b) Form-lOC "-

Output: a) Worksheetb) PPOc) Scheme Certificated) Worksheet for Withdrawal benefit.

51

4. Updating of individual pension accounts with their aggregations as to estts. Regionsand general consolidations

Input: a) Form-3A (Un-exempted Estts.) - Capturing the Pension FundContribution; and

NCP daysb) Form-7(PS) (Exempted Estts.) -

Output: a) Form-24 : Aggregate of Pension Fund Contribution and NCP days

b) Form-23: Indicating the aggregate NCP days to the member concerned.

5. Provision of MIS with reference to data on pensioners and pension payments

Input: a) MEM Module details

b) PPO details

Output: a) MIS reports on member and his family

b) MIS reports on pensioners and pension payment.

6. Reconciliation of Bank Accounts and to issue letters to pensioners not receiving pension.

Input: PPO database, Pension relief directory, Bank branches code directory.

Output: a)

b)

c)

d)

Monthly statements paying branch-wise

Summary statement for the Link BranchUpdation of Life Certificate, Non-remarriage Certificate, Death Certificate, etc.

Updation of confirmation of date of credit of Pension Amount.

7. Monthly Print out of Controls/Audit Inputs

This is meant for exercising certain audit checks on the database available in the program.a) Data Audit Checkb) Stock Data Checkc) .Salary Check" ..--..-...

-,d) Lock Out Checke) Completeness Check.t) ContributionCheck

52

I

8. Printout of Actuarial valuation data on a concurrent basis

Actuary developed this for the valuation of Pension Fund on Annual basis. It contains capturingof :-

a) EPM Records

b) EPP Records

c) EPE Records

d) Processing of the data to be furnished to Actuary for conducting the Actuarial work.

The above-mentioned 8 sub-programmes have been developed with the help of NIC LISD. The<toovementioned software programmes have been duly inter-linked and integrated with CAMPS 1995,CRAS and put into operation in all the field offices. An operational & user manual for all the abovementioned sub-programmes, under CEPS has also been prepared and circulated to all the field officesseparately vide circular letter No:Pension-I17(2)/98/CEPS/Vol.I, dated 6.8.1999.

-,

53

D -- -- D

ARRANGEMENTFOR.

DISBURSEMENTOF PENSION

~--------- .- ._- - -\~~~

D D

ARRANGEMENT FOR DISBURSEMENT OF PENSIONIn order to ensure that the pensioners under the Employees' Pension Scheme, 1995 receive their

pension promptly and also aiming at a trouble free service to them, the Employees' Provident FundOrganisation, by virtue of the provisions of Para 33 of the Employees' Pension Scheme, 1995, finalisedan arrangement in consultation with Indian Banks' Association and Department of Banking, with theState Bank of India and other Nationalised Banks. Accordingly, the Regional Provident Fund Commis-sioners are authorized to enter into an agreement with one or more banks having wider network ofbranches located throughout the Region.

LIST OF BANKS DESIGNATED AS DISBURSTN~ Al:F.NrV

A Region-wise list of Nationalised Banks with whom agreement has been entered into fordisbursement of Pension to the beneficiaries under Employees' Pension Scheme, 1995 and also toPensioners under the erstwhile Employees' Family Pension Scheme, 1971 is as under:

NATIONALISED BANKSAS ON 10.01.2001

S.No NAME OF THE REGION NAME OF THE DESIGNATED BANK

1. Andhra Pradesh 1) AndhraBank2) State Bank of India3) Syndicate Bank4) Indian Bank

., Bihar 1) Punjab National Bank•...2) State Bank of India3) Bank of India

3. Delhi 1) Punjab National Bank2) State Bank of India

3) Indian Bank

4. Gujarat 1) DenaBank-2) State Bank of India -,3) Indian Bank

5. Haryana 1) Punjab National Bank2) State Bank of India

6. Himachal Pradesh 1) Punjab National Bank2) State Bank of India

54

55

7. Kerala 1) Canara Bank2) State Bank of India3) Syndicate Bank4) Indian Bank

8. Karnataka 1) Canara Bank2) Syndicate Bank3) State Bank of India4) State Bank of Mysore

9. Maharashtra 1) Bank of India2) Punjab National Bank3) State Bank of India

10. Madhya Pradesh 1) Punjab National Bank2) State Bank of India

11. North East Region 1) Punjab National Bank2) State Bank of India

12. Orissa i) Bank of India2) State Bank of India3) UCO Bank

13. Punjab 1) Punjab National Bank2) State Bank of India

14. Rajasthan 1) S.B of Bikaner &Jaipur.2) Punjab National Bank

15. Tamil Nadu 1) Indian Bank2) State Bank of India3) Indian Overseas Bank

16. UUar Pradesh 1) Punjab National Bank2) State Bank of India

17. West Bengal 1) Punjab National Bank2) United Bank of India3) State Bank of India (forNorth Bengal only)

-PENSION PAYMENT ORDER

The Pension Payment Order (PPQ) is generated through Computer in the Regional/Sub-RegionalOffice of the Employees' Provident Fund Organisation. A specimen of the PPO is given in the 'Forms& Returns' chapter at the end of' this Handbook. The PPO contains two portions, viz., - Penportion and Disburser's portion. The Pensioner's portion of the PPO will be given to the pensioner bythe disbursing bank through its paying Branch. The Disburser's portion will be retained in the safe custodyof the paying Branch.

The PPO will indicate the details of persons eligible to draw pension, the quantum of pensionpayable and the period upto which payable. The joint photograph of the pensioner alongwith his spousewill be affixed in the PPO. On death of the pensioner drawing his life pension, the pension will be passedon to the widow/widower and to the children (upto two children at a time, upto the age of 25 years)as specified in the PPO, through a separate Savings BankAccount opened by each of the widow/widowerlchildren including minor children. Wherever the Children Pension is payable to a person whois a major/minor, a separate Savings Bank Account may be opened duly obtaining the photograph (induplicate). In the case of minor children the photograph of the guardian who operates the account in thename of minor should be obtained.

MODE OF CREDITING PENSIONPayment of Pension (including family pensions) will be automatic and no bill will be required to be

submitted. The amount of monthly pension, including relief, on annual evaluation of pension fund, sanc-tioned by the Employees' Provident Fund Organisation from time to time, will be credited by the PayingBranch selected by the pensioner, to his or her individual Savings Account already opened or to beopened with that branch.

Payment of Pension in cash or through a 'joint' account with or without 'either or survivor' facilityis not permitted in the Scheme.

The account cannot also be allowed to be operated by a holder of power of attorney. However,the facility of allowing cheque books and acceptance of standing instructions for transfer of funds fromthe account is admissible as per instructions of Reserve Bank of India as applicable to Central CivilPensioners. The widow/widower/major/minor children (by the guardian) are required to open a separateBank account for each person to draw their pension.

FIRST PENSION (FRESH PPOS)

In order to make prompt payment to the pensioners, fresh PPOs are sent to the Link Branch ofthe desired Paying Branch on weekly basis. On receipt of the PPOs from the EPFO, the Link Branchforwards the PPOs to the concerned paying branches under its jurisdiction within three days. Thefollowing procedure is adopted for making first time pension to the new pensioners:-

(a) On receipt of the PPO, the Paying branch will address the pensioner through a letter advisinghim/her to appear at the branch alongwith the documents mentioned therein for the purpose ofidentification.

(b) In the case of physically handicapped pensioner, who is unable to present himselflherself at thepaying branch, the requirement of personal appearance shall be waived. Instead, the Bank representative authorized in this behalf, may visit the pensioner's residencelhospital for the purposeof identification and obtain specimen signatures etc.

(c) Before commencement of pension, the paying branch shall obtain specimen signatures or thethumb impression as the case may be, in the space provided for the purpose in the disburser'sportion of the PPO and handover the pensioner's portion of the PPO to him/her after properidentification and obtain acknowledgement.

56

(d) The paying branch shall obtain an undertaking from the pensioner that excess payment, if any,credited to him/her account, shall be recovered by the Bank.

(e) On the first appearance of a pensioner at the paying branch, the designated Officer of the Branchwill satisfy himself about the identification of a pensioner by ensuring that:-

(i) the personal identification marks, if any, on the face or/and hand of the pensioner givenin the disburser's portion of the PPO have been checked.

(ii) The pensioner has produced hislher personal copy of the intimation received directly fromthe authority issuing the PPO or any other documentary proof establishing his/her identityas pensioner.

(iii) The pensioner bears a close resemblance with the photograph as affixed on the disburser'sportion of the PPO.

(iv) The pensioner's specimen signatures or thumb and fingers/great toe impressions, as thecase may be, to be obtained by him in the space provided for the purpose in thedisburser's portion of the PPO agree with the attested signatures or thumb/and fingers/great toe impressions received with the PPO; and

(t) The personal identification of the pensioner as prescribed in the preceding paragraphs, will beonly for the first payment of pension at the paying branch.

DUE DATE FOR PAYMENT OF PENSION

Pension fixed at monthly rates are payable every month by way of credit to the pensioners' S.B.account on an appointed date between 1SI and 5th of the month to which the pension relates.

CERTIFICATES TO BE FURNISHED BY THE PENSIONERS

(i) LIFE CERTIFICATEThe pensioner would be required to furnish a life certificate in November each year in the pre-scribed form given in the 'Forms & Returns' Section at the end of this Handbook:

(ii) ·NON·REMARRIAGE CERTIFICATE

In the case 'of widow/widower recipient family pension, the certificate of non-remarriage in the-prescribed form is required to be furnished by the recipient, at yearly intervals i.e. in November.Prescribed form is given in the 'Forms & Returns' Section at the end of this Handbook.

The certificates mentioned above are required to be submitted by the concerned pensioner to thePaying Branch and the Paying Branch will retain it with the Pension Payment Order concernedand send a list of the certificates so received to the concerned Regional Office/Sub-RegionalOffice of the Employees' Provident Fund Organisation.

57

TRANSFER OF PENSION PAYMENT FROM ONE BRANCHlBANK TO ANOTH;ERApplications for transfer of pension may fall under any of the followirig categories-

edII

(i)

tu)

Transfer from the Paying Branch to another Branch falling within the same Link Branch.

Transfer from one Link Branch jurisdiction to another of the same Bank (such transfers to beallowed only once in a financial year); and

Transfer from one Bank to another Bank at same or different station.(Ui)

Request falling under category (i) may be entertained by the Link Branch itself.

In cases falling under categories (ii) and (iii) above, the pensioner shall be required to return the

own half of the PPO to the Paying branch. The Paying Branch through its Link Branch wouldreturn both the portions of the PPO to Regional/Sub-Regional Office concerned. The ROISROof the EPFO will then forward the PPO with appropriate endorsement thereon, to the new Link

Branch for payment of pensions through the desired Paying Branch, under intimation to thepensioner, duly observing the laid down procedure.

58

D D

"-

- - --_.- ....*-'.--......-. ---- .

.

GUIDELINESFOR

EXEMPTION

- - --

-

D 0

GUIDELINES FOR GRANT OF EXEMPTION UNDER EPS, 1995

Statutory Provision regarding grant of exemption

Section 17 (I-C) provides that the appropriate Government may, by notification in the OfficialGazette, and subject to the condition on the pattern of investment of pension fund and such otherconditions as may be specified therein, exempt any establishment or class of establishments from theoperation of Pension Scheme if the employees of such establishment or class of establishments are eithermembers of any other pension scheme or proposed to be members of such pension scheme, where thepensionary benefits are at par or more favourable than the Pension Scheme under the Act.

Para 39 of the Employees' Pension Scheme, 1995 further provides for gram of exemption rromthe operation of the Statutory Scheme if the employees are either members of any other Pension Schemeor propose to be members of a Pension Scheme wherein the Pensionary benefits are at par or morefavourable than the benefits provided under the Statutory Scheme. .

The employer of the concerned establishments seeking exemption need to submit the exemptiontogether with Pension Scheme of the establishments and other prescribed document to the

Regional Provident Fund Commissioner-in-charge of the Sub-RegionallRegional Office under whose ju-risdiction the establishment is covered under the EPF &MP Act, 1952. The RPFC is required to scrutinize.the application in the prescribed manner and submit it to the CPFC. On being satisfied that the pension-lIlY benefits provided in the establishment pension scheme are at par or more favourable than the benefitsprovided under the statutory scheme and also other terms and condition governing grant of exemptionaTe fulfilled, the CPFC shall forward the exemption proposal alongwith his recommendations to the ap-propriate Government for decision. The appropriate Govt. shall issue a notification granting exemptionor otherwise issue an appropriate order rejecting the exemption application, as the case may be.

Accordingly, request for Exemption will be entertainable both in the event, the establishment isbaving any existing scheme or going in for any New Scheme with comparable benefit parameters. There-fore. in scrutinizing and comparing the establishments scheme provisions, stress need to be given tocomparing the provisions relating to coverage, eligibility, entitlement and benefit quantum of pensionpimarily. Funding and other modalities may not be the relevant and perhaps would be taken care of byobtaining Actuarial Certificate about economic viability of the scheme in the long run. Comparisonp!u1UIIle(f~rmay thus suffice as above.

The other miscellaneous s;riteria, which need be ensured, could be as under:

The employer shall establish a Board of Trustees for the management of the Pension Fund fol-lowing the directions as may be given by the Central Provident Fund Commissioner or by theappropriate Government, as the case may be, from time to time.

The Pension Fund shall vest in the Board of Trustees who will be responsible for and accountableto the Employees' Provident Fund Organisation, inter-alia for proper accounting of the receiptsinto and payment from the Pension Fund and the balances in their custody.

59

3.

4.

The Board of Trustees shall meet atleast once in every 3 months and shall function inwith the guidelines that may be issued from time to time by the appropriate GoProvident Fund Commissioner or any other officer authorized by him.

The accounts of the Pension fund maintained by the Board of Trustees shall be subject toby a qualified independent Chartered Accountant annually. Where considered necessary, thetral Provident Fund Commissioner shall have the right to have the accounts re-audited byother qualified auditor and the expenses so incurred shall be borne by the employer.

5. A copy of the audited annual Pension fund accounts together with the audited balance sheetthe establishment for each accounting year shall be submitted to the Regional ProvidentCommissioner within 6 months after the close of the financial year. For this purpose, the U"'Ull\"la

year of the pension fund shall be I" April - 31st March.

6. The employer shall transfer to the Board of Trustees the contribution payable to the PPt1'C!'n1

Fund by the 15th of each month following the month for which the contribution is payable.employer shall be liable to pay damages for any delay in transfer of the funds to the BoardTrustees.

.,,. The Board of Trustees shall invest the monies in the Pension Fund as per the directions thatbe given by the Government/Central Provident Fund Commissioner from time to time. Thecurities shall be obtained in the name of Board of Trustees and shall be kept in the custodya scheduled bank under the control of the Reserve Bank of India.

8. Failure to make investment as per directions of the Government shall make the Board ofseverally and jointly liable to surcharge that may be imposed by the Central ProvidentCommissioner or any other officers authorized by him.

9. The Board of Trustees shall maintain scrip wise register and ensure timely realization of

10. The Board of Trustees shall maintain detailed accounts to show the Pension contributionsceived, Pension amount disbursed and interest received on the Pension Fund.

11. The Board of Trustees may issue pass books showing their Pension fund accretion toemployee. T~ss-books shall-remain in the custody of employees arid will be broughtdate by the Board on presentation of the employees.

12. The employer shall make good any loss that may be caused to the Pension fund due toburglary, defalcation, mis-appropriation or any other reason..

13. The employer as well as the Board of Trustees shall submit such returns that may be on:~SCI1~

by the Regional Provident Fund Commissioner/Central Provident Fund Commissiate Government from time to time.

60

itn-ly 15.

16.of[ld

Notwithstanding anything contained in the Pension Fund of the establishment, if on the.cessationof any individual from the membership of the Provident Fund consequent on retiring from serviceor on taking up the employment in some other establishment, if is found that the benefits underProvident Fund rules of the establishment are less favourable as compared to those under theStatutory Scheme, the difference shall be borne by tlre employer,

The employer shall bear all the expenses of the administration of the Pension Fund including themaintenance of accounts, submission of returns etc.

The employer shall display on the Notice Board of the establishment, a copy of the rules of thePension fund as approved by the appropriate authority and as and when amended there toalongwith ::ttr::tn~hltinn nf th.,:, salient point thereof in the language of the majority of1he employ-ees.

17. The appropriate Government may lay down any further conditions for exemption of the estab-lishment from the operation of the statutory Scheme.

18. In the event of an employee who is already a member of the Pension Scheme (either in the·exempted or un-exempted establishment) is employed in his establishment, the employer shallimmediately enroll him as a member of the Pension Scheme and arrange to have the accumula-tions in the Pension fund account of such employee with his previous employer transferred andcredited to pension fund account.

19. All categories of employees should stand covered either under the same scheme or differentscheme/schemes of the establishment irrespective of nature of employment namely permanent!temporarylcasual!contract employees etc.

20. Comparative statement of benefits should be prepared and submitted indicating correspondingposition about pensionary benefits and other items.

21. Consent of the majority of the employees of the establishment in favour of establishment scheme!schemes should be furnished.

22. Actuarial certificate endorsing the financial viability and economic sustenance of the scheme!schemes in the long run should be furnished.

23. Employer should undertake either to provide or bear the cost for extending managerial and fi-nancial experti-se to thePenslon "Fund Trust. - .. ,

24. Income Tax and other statutory recognition required for operating Pension Fund be obtained andfurnished.

25. The exemption will be liable to be cancelled for violation of any of the above conditions.

[C.P.F.C.'s circular letter No. PensionIPIC/6tb Meeting dated 14tb June, 1996)

61

62

MODALITIES OF EXEMPTION

1. As per provisions of para 39 of Employees' Pension Scheme, 1995, as amended throughtification dated 28.2.96, 'Exemption Application' is required to be presented by the establiment to the Regional Provident Fund Commissioner having jurisdiction over thetogether with a copy of the Pension Scheme of the establishment and other relevant documents!The Regional Provident Fund Commissioner is required to scrutinize and obtain the recommen,idations of the Central Provident Fund Commissioner and submit the same to appropriateernment for decision.

2. "Pc:th 39 further provides that 'Exemption Application' shall be disposed of within a oeriod6 months from the date of its receipt or such further time that may be extended for reasonsbe recorded in writing. In case the 'Exemption Application' is not disposed of within thefied period, the exemption applied for shall be deemed to have been granted. An explanationbeen provided under para 39 through which it has been clarified that the period of 6 monthscount from the date on which the application for exemption is given in complete form tosatisfaction of the Regional Provident Fund Commissioner.

3. Certain employer are addressing the 'Exemption Application' to the Central Provident Fundmissioner, where as some employers are presenting their applications to the RegionalFund Commissioner concerned. Keeping in view the provision of para 39 any 'Exemptionplication' received directly in Central Office will be forwarded to the Regional ProvidentCommissioner concerned to scritinize the same and take appropriate action in accordancethe provision of para 39 of the Scheme. To facilitate scrutiny of 'Exemption Application',lines were circulated vide Central Office Circular No. PensionlPIC/Vith Meeting/278214.6.96.

4. Besides, modalities for grant of exemption as suggested by the Actuary are given hereunderfurther guidelines: -A. In case of Existing Pension Fund the exemption procedure will be as follows:

i) Establishment will provide Income Tax approved Trust Deed and Trust Rules of thewhich shall contain all the provisions of Annexure 'A'.

ii) Consequent of the majority of employees of the establishment in favour of creatingempted Pension Fund in Annexure 'B'.

iii) - Confirmation by Employer-that-all categories of Employees associated with the -estaOlllment are covered in Annexure 'D'.

iv) Declaration by the Trustee that the investment has been made as per approved formatinvestment.

v) Actuary of the fund will sign:(a) Annexure 'E' confirming that benefit of the scheme is at least at par with

of EPS Scheme.

(b) Annexure 'F' confirming solvency and adequacy of fund.

vi) Establishment agrees to submit by 30th September of every year:

(a) Account of the fund audited by a Chartered Accountant.

(0) Annual Actuarial Valuation of the fund by an Actuary.

(c) Confirmation by Trustees that investment of the fund is as per format.

(d) Benefits paid to employees in no case was less than that available under EPS, 95.

[C.P.F.C.'s circular letter No. PensionlGenllExemlAduary/95 dated 25th July, 1996]

63

64

ANNEXURE' A'

PROVISIONS TO BE CONTAINED BY EXEMPTED PE~SION FUNDS

Trust Deed and Trust Rules should contain the following:_

1. The Employer shall establish a Board of Trustees for the management of the Pension Fund fol-lowing the directions as may be given by the Central Provident Fund Commissioner or by theappropriate Government as the case may be from time to time. Such Board of Trustees shall haveatleast one employee representative.

2. The Pension Fund shall vest in the Board of Trustees who will be responsible for and accountableto the Employees' Provident Fund Organisation, inter-alia, for proper accounting of the receiptsinto and payment from the Pension Fund and the balance in their custody.

3. The Board of Trustees shall meet atleast once in every 3 months and shall function in accordancewith the guidelines that may be issued from time to time by the appropriate Government/CentralProvident Fund Commissioner or any other officer authorized by him.

4. The accounts of the Pension Fund maintained by the Board of Trustees shall be subject to auditby a qualified independent Chartered Accountant annually. Where considered necessary, the Cen-tral Provident Fund Commissioner shall have the right to have the accounts re-audited by anyother qualified auditor and the expenses so incurred shall be borne by the Employer.

5. A copy of the audited Pension Fund accounts together with the audited balance sheet of theestablishment for each accounting year shall be submitted to the Regional Provident Fund Com-missioner within 6 months after the close of the financial year. For this purpose, the financial yearof the Pension Fund shall be 1SI April to 31 SI March.

6. The employer shall transfer to the Board of Trustees the contribution payable to the PensiFund by the 151h of each month for which the contribution is payable. The employer shallliable to pay damages for any delay in the transfer of funds to the Board of Trustees.

7. The Board of Trustees shall invest the monies in the Pension Fund as per the directions thatbe given by the Government/Central Provident Fund Commissioner from time to time. Thecurities shall be obtained in the name of the Board of Trustees and shall be kept in the cusroavof a scheduled Bank under the control of the Reserve Bank of India.

8. Failure to make investment as per directions of the Government shall make the Board of Trllldfloj~

severally and jointly liable to surcharge that may be imposed by the Central ProvidentCommissioner or any other officer authorized by him.

9. The Board of Trustees shall maintain scrip wise register and ensure timely realization of interest

1o. The Board of Trustees shall maintain detailed accounts to show the Pension contributionsceived, pension amount disbursed and interest received on the Pension Fund.

:ar

onbe

layse-ldy

ees.md

-est,

re-

11. The Board of Trustees may issue pass books showing their Pension Fund accretion to everyemployee. These pass books shall remain in the custody of employees and will be brought uptodate by the Board on presentation of the employees.

12. The employer shall make good any loss that may be caused to the Pension Fund due to theft,burglary, defalcation, mis-appropriation or any other reason.

13. The employer as well as the Board of Trustees shall submit such returns that may be prescribedby the Regional Provident Fund Commissioner/Central Provident Fund Commissioner/ Appropri-ate Government from time to time.

14. Notwithstanding anything contained in the Pension fund rules of the establishment, if on the ces-sation of any individual from the membership of the Pension Fund consequent on retiring fromservice or on taking up the employment in some other establishment, it is found that the benefitsunder Pension Fund rules of the establishment are less favourable as compared to those underthe Statutory Scheme, the difference shall be borne by the employer.

15. The employer shall bear all the expenses of the administration of the Pension Fund including themaintenance of accounts, submission of returns etc.

16. The employer shall display on the Notice Board of the establishment, a copy of the rules of thePension Fund as approved by the appropriate authority and as and when amended theretoalongwith a translation of the salient point thereof in the language of the majority of the employ-ees.

17. The appropriate Government may lay down any further conditions for exemption of the estab-lishment from the operation of the statutory scheme.

18. In the event an employee who is already a member of the Pension Scheme (either in exemptedor in Unexempted establishment) is employed inhis establishment, the employer shall immediatelyenroIl him as a member of Pension Scheme and arrange to have the accumulations in the Pensionfund account of such employee with his previous employer transferred and credited to Pensionfund Account.

19. Employer should undertake either to provide or bear the cost for extending managerial and fi-nancial expertise-to t~e Pension Fund Tr~t.

'. ,20. Income Tax and other statutory recognition required for operating Pension Fund be obtained and

furnished.

21. The exemption will be liable to be cancelled for violation of any of the above conditions.

65

ANNEXURE 'B'

The establishment i.e.

Has advised that they have created an Exempted pension fund at par with that of EPS, 1995.

We, the following undersigned, have opted in favour of this Exempted Pension fund.

Names Signatures

66

ANNEXURE 'C'

We,

The duly Constituted Attorneys of

Do hereby confirm:

1. All permanent employees of this company have been covered under this scheme.2. All Temporary employees of this Company have been covered under this scheme.3. All Casual employees of this Company have been covered under this Scheme.4. All Seasonal employees of this Company have been covered under this scheme.5. All Contractor's Labour have not been covered under this Scheme:6. The following employees have not been covered under this scheme.

Signed

ANNEXURE'D'

We, the Trustees of _

Employees' Pension Scheme, do hereby confirm that all the investmentsof the Fund during the FinancialYear ending has been made as per approved format of investments. No securities have been sold at aloss to the Fund/any loss on sale of securities has been reimbursed by the Company.

Signature

Trustees

67

SCHEDULE 'E'EVALUATION OF

VIS-A.-VISEMPLOYEES' PENSION SCHEME (STATE SCHEME)

CRITERION STATE SCHEME

1. Contribution

2. Retirement Age

3. Members Pension

9.112% of wage

58

4. Minimum Pension

5. Maximum Pension

6. Death in Service

1170 x Salary x Service

Rs.588 p.a.

60% of Salary

Widow Pension

Mans Pension

Children's Pension

= 25% of Widow Pension

Orphan Pension

=75% of Widow Pension

Widow = 50% of Man's pension

Children=25% of Widow Pension

Orphans=75% of Widow Pension

Pension to Nominee after Retirement

7. Death after Retirement

8. Bachelors Pension

9. Pension Options Pension for life 90% of original pension for life.100 times original pension on death ofpensioner.

On every Actuarial Valuation10. Pension increase

-. _. -- ----~

Conclusion:

68

,.'~..,.",'" - ,

i

]

ANNEXURE 'F'

Actuary's certificate includes following items:

L Liability of the Fund as at 31'1 March of that year.2. Asset of the Fund as at 31 st March of that year.3. Contri bution to the Fund as at 315\ March of that year.4. Solvency of the Fund on long term basis.

5. Adequacy of the Fund to meet the liability as and when it arises i.e. no cash-flow problem.

69

ANNEXURE 'G'

Certificate of the establishment for furnishing the annual accounts/actuarial valuation, etc.

I hereby undertake to furnish the following documents/certificates by 30111 September of every yearto the Regional Provident Fund Commissioner in respect of the Pension Fund formulated for theemployees of Mls .

(a) Audited accounts of the Pension Fund by a Chartered Accountant;

(c) Confirmation by the Trustees that investment of the Fund is as per the pattern; and

(d) Certificate confirming that the benefits paid to the employees in no case was less than thatavailable under Employees' Pension Scheme, 1995.

Signature .

Name and Designation .

Official Seal of the establishment .

70

COMPARISON OF ESTT.PENSION SCHEMEVIs-A.-VIS

EMPLOYEES PENSION SCHEME 1995[Refer S.No. 3 below Para 39 - Clarifications]

S. CRITERION STATUIURY ESTABLISH- CONCLUSION COMMENTSINo SCHEME MENT PENSION AT PAR! RECOMMEND·

EPS 1995 SCHEME SUPERIOR! ATIONS OF(Quote Rule No. INFERIOR RPFC (IN

also) CHARGE OFREGION)

1 2 3 4 5 61. MEMBERSHIP (i) Every employee of the

Establishment contributingto EPF Scheme' 1952 andFPF Scheme' 1971.

(ii) All new entrants joining theestablishment w.e.f 16.11.95.(para 6)

(iii) All the categories of employeesincluding temporary, casualemployees engaged by orthrough contractor.

2. CON1RIBUTlON (i) 8.33% of Employer Share.(ii) 1.16% of wages as Govt. Share.

3. MONTHLY a) Superannuation pensionMEMBERS On completion of eligiblePENSION service of 20 years and on

attaining the age of 58 years

b) Retirement PensionOn Completion of eligibleserv ice of 20 years and onretirement before attaining theage of 58 years.

c) Short Service PensionOn completion of eligible serviceof 10 years or more but less that

--:-20-yeifrs.LPafiC12 (1) (dJJ. -,d) Eligible Service: 10 yearse) Superannuation Age: 58 yrs

4. PERMANENT One month's Contribution to theTOTAL pension fund is required.DISABLEMENT (Para 15)PENSION

71

5. BENEFITS OF (a) Refund of contribution as PerLEAVING Table 'D' for the Service lessSERVICE than 10 years. (Para 14)BEFORE (b) Alternatively, Member canBECOMING obtain scheme certificateELIGIBLE FOR retaining the services forMONTHLY Futurepensionl Family PensionMEMBERS Benefits (Para 12(8).PENSION

6. PENSION 1170 X Pensionable Salary XFORMULA Pensionable Service (i.e. PS X

PSX .0143)(Para 12(2)

7. PENSIONABLE (a) Contributory ServiceSERVICE (b) Can go up to maximum of

40 years(c) 2 Years bonus weightage

after completion of 20 years(Para 10).

8. ROUNDING UP 6 months and above will beOF PENSION- deemed as full year, less than 6ABLE SERVICE months will be ignored.

(Para 9).

9. PENSIONABLE 12 Months average preceding toSALARY the date of exit.

(Para 11)

COMMUTATION 1/3rd of pension can becommuted on or after 15.11.98(Para 12 A).

1l. OPTION FOR (a) Three options available forRETURN OF reduced pension.CAPITAL JQQ/99 times of the original

pension as return of capital ,as per the option exercised,(Para 13).

12. NOMINEE Pension to Nominee in the casePENSION of death of Bachelor/Spinster.

[Para 16(5)(a)].

72

'.~ "IT. FAMILY (a) Death while in service withPENSION one month contribution

(b) Death away from servicewhile holding SchemeCertificate. - -

I., (c) Death as Pensioner.(Para 16)

14. CHILDREN/ (a) Provision for payment ofORPHAN Pension at the rate of 25% ofPENSION widow pension to two eligible

children upto the Age of 25yrs. aiongwitn WIQOW Pension.

(b) If the parents are not alive,75% of Widow Pension toeach orphan will be paid fortwo orphans concurrently, up

ito the age of 25 years.(Para16)

15. ACTUARIAL Provision for AnnualVALUATION Valuation exists.

(Para 32)b) Whether any provision exit in,

the Estt. pension scheme forproviding future amendments/

- additional relief being broughtunder EPS 95.

16 INVESTMENT As per the pattern of investmentOF THE notified by Central Government- PENSION FUND under Section 17 (f-C)

'; 17. BENEFIT Disbursement of pension and"- .~ DELIVERY other benefits is arranged through

SYSTEM disbursing agencies like1 nationalised Banks or Postj

Offices.i .- -i.

18. GENERALOBSERVATION

-CONTROLLER OF PENSION R.P.F.C. (IN-CHARGE OF REGION)

-. 73

.

,.<.~;.

D D

I FORMS. &

RETURNS

•• • •.• ~~ .• _,__ __,. _. 0. __ - __ '---_._-, - .

'\

I

0 D

INDEXReturns to be submitted Pageby Employers Purpose No.

1 Form 9 (Revised) Initial return of Employees who are entitled and required to becomemembers of the Employees' Provident Fund and Pension Fund -one time. 75

2 Form 5 - A Return of Ownership - Initial-one time. 773 Form No. 5 Return of Employees qualifying for membership of the Employees'

Provident Fund for the first time during the month - monthly. 79

4 Form No. 10 Return of the members leaving service during the month - monthly. 80

5 Form No. 12 - A Statement of Contribution for the month - monthly. 81

6 Form No. 3 (1'3) Consolidated return of employees who are entitled and required tobecome members of the pension Fund on the date the Pension Schemecomes into force - for exempted establishments-Initial-one time 82

7 Form No. 4 (PS) Return of employees entitled for membership of the Pension Fundduring the month-for exempted establishments - Annual. 83

8 Form No. 5 (PS) Return of Members Leaving Service during the month-for exemptedestablishments - monthly. 84

9 Form No. 6 (PS) Statement of contribution for the month-for exemptedestablishments-monthly. 85

10 Form No. 7 (PS) Contribution card for members for the year-for exemptedestablishments-Annual. 86

11 Form No. 8 (PS) Annual Statement of Contribution-for exempted estrt-Annual optionto become member of the EPS,95 87

Forms Used By Members/Pensioners12 Form 1 (EPS) Option Form to become member of E.F.P.S., 19711E.P.S., 1995. 8813 Form 2 {Revised} Declaration and Nomination Form. 9014 Form 11 (Revised) Declaration by a person taking up employment in an establishment

in which the Fmployees' Provident Funds & Family Pension FundScheme enforce. 92

15 Form No. 9 (PS) Declaration by a person taking up employment in which theEmployees' Pension Scheme is in force [establishments exemptedfrom Employees' Provident Fund Scheme, 1952] 93

16 Form lOC For claiming Withdrawal Benefit/Scheme Certificate 9417 Form 10D For claiming Monthly Pension by member himself/family 10118 Proforma For making reference to Medical Board of Central/State Govt./ESIC

(Annexure I)·· -Hospital under Para 15(3) of Employees' Pension Scheme, 1995 llZ19 Proforma To be completed by the Medical Board on examining the disabled

(Annexure 11) Member 114

( Life Certificate/Non To be submitted by the Pensioner in the month of November eachRemarriage Certificate year 116

Forms used by EPFO21 Pension Payment Order Il722 Scheme Certificate 126

74

...".

INDUSTRY IN WHICH THE FACTORY IESTT. IS ENGAGED

FORM - 9 (Revised)

THE EMPLOYEES' PROVIDENT FUND SCHEME, 1952 [PARA 36(1)] and THE EMPLOYEES'PENSION SCHEME, 1995 [PARA 20] RETURN OF EMPLOYEES WHO ARE ENTITLED ANDREQUIRED TO BECOME MEMBERS OF THE EMPLOYEES' PRO'.'IDENT FUND AND PEN-SION FUND.

NAME AND ADDRESS OF THE FACTORYIESTT .

CODE NO .

-n. A'T'T:' AT:' roA't Tnn A roD•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~.l. 1..1. ~ '--'.I.. .••......."-J \' .&.....I..1.'\..ra.'-'...&....I •••••.•••••••••••••••••••••••••••••••.•••••••••.•.••••••••••••••••••••••••••••••••.•••.•.•••

REGN. NO. OF THE FACTORYIESTABLISHMENT .If factorylEstt. is covered under E.S.1. Act, indicate the code No. allotted under E.S.1.

E.S.I. Code No .

Specimen Signature of the Employer or authorlzed Official:

Sr. No. Name . Designation SpecimenSignature

1 .

2 .

3 .

4 .

(Attach a specimen signature card supplied)

REMARKS, IF ANY:NOTE: (1) This Form should be accompanied by declaration in Form-2 byevery employee.

(2) Any change in the authorized official/designated Medical Officer should be inti-.mated mtlRfCottrtnissioner.

No. of Employees enrolled asMembers on the date of coverage.

Signature of the employer or otherAuthorized Officer.Date and stamp of FactorylEstt ..

75

Folio No , .

CODE NO.

S. Account Name Father's Date Sex. Date of Total Machine! Initials Date RemarksNo. number of the name (or of eligibi- period of EDPNo. ofS.S. and and

empl- husbands birth lityof previous of Ledger reason initials onoyee (in name in .. memb- service Card of settlementblock the case ership (excluding opened leaving D.C.S.S.,

capital) of periods of service A.O.,married breaks) as E.P.F.,women) on the E.P.S.

date of JJ.L.~.

joining theFund.

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

I -. --.,---- --' _.'\

Signature of the Employer

76

"FORM NO. 5-A"(FOR UNEXEMPTED ESTABLISHMENTS ONLY)

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952(See paragraph 36-A)

THE EMPLOYEES' PENSION SCHEME, 1995(See paragraph 21)

THE EMPLOYEES' DEPOSIT LINKED INSURANCE SCHEME, 1976(See paragraph 1)

RETURN OF OWNERSHH? TO BE SENT TO THE REGIONAL COMMISSIONER

1. Name of the establishment .

2. Code number of the establishment under the Employees' Provident Funds and MiscellaneousProvisions Act, 1952 .

3. Postal address of the establishment and its branches/department, if any .

4. Industry or business in which engaged .

5. Date of firs commencement of production/business (Trial/regular) .

6. Date of closure by the Previous management '" .

7. Whether run by the owners or leaser (if by leaser, period of the lease should be indicated)

8. Particulars of owners :

Name Age Status* Father's name Residential address Date fromwhich in position.

(a) (b) (c) (d) Ce) (f)

(i)

(ii)(iii)

(iv)

(v)

(vi)

* Whether proprietor, partner, Managing Partner, Managing Director, Director etc.

77

9. If on lease, particulars of leaser:Name Age Father's name Residential address Date from which in

position.(a) (b) (c) (d) (e)

(i)(ii)(Ui)(iv)(v)(vi)

10. If registered under the Factcricc .'\~~, ?u.~i.:•.•!u;:.3 0:- the ;"~dtl4gt;doccupier

Name Age Father's name Residential address Date from which insition

(a) (b) (c) (d) (e)

A. Occupier

B. Manager

11. Particulars of the person mentioned above, who are in charge of, and responsible for, the conductof, the business of the establishment.Name Age Father's name Residential address(a) (b) (c) (d)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

Signature of the employer

Designation

Dated . Seal of the establishment

NOTE:- Any change in the information given above should be intimated in writing to the Regional Commissioner within fifteen days of such change by registered post and in theprescribed manner.

78

FORM - 5

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952[paragraph 36 (2) (a)]

Return of Employees qualifying for membership of the Employees' Provident Fund for the first time dUring\:the month of .

[To be sent to the Commissioner with Form 2 (Revised)]

Name and address of the FactorylEstt .

Code Number of FactorylEstablishment .

Date of

(7) (8)

name incase ofmarried

S. Account Name of the Father,s Date of SexNo No. Employee in name (or Birth

Block (capital) husband'seligibility formembership

(1) (6)(2) (4)(3)

Remarks

Date .

No. of Form 2 enclosed: .(Also fill in Form No. 10-overletlfy----

Signature of the Employer or otherauthorized officer of theFactory/establishment

Stamp of the Factory/establishment

Indicate the followina: in the remarks; -1. Previous Ale No. & Service particulars - with Form-Id (Revised).2. The Scheme Certificate control no., if any, enclosing the certificate.3. Details of Pension being drawn, if any, under EPS, 95.

(Such member should be enrolled for PF & EDLI only).4. Enclose Form-2 (Revised), giving nomination for PF & also for Pension by all members.

79

FORM -10

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952[Paragraph 36 (2) (a) & (b)]

Return of the members leaving service *during the month of .Name and address of the Factory/estt Code No .

C' Account Name of Father's name (or husband's Date of Reasons Remarks..).No. No member Name in case of married leaving for

(in block woman) service. leavingletters) service

1 2 3 4 5 6 7

I

Date . Signature of the Employer or otherauthorized officer

Stamp of the FactorylEstt.

*Please state whether the member is (a) retiring according to para (69) (1) (a) or (b) of the Scheme (b)leaving India for permanent settlement abroad or taking up employment abroad (c) retrenchment (d) dis-charged (e) resigning from or leaving service (f) taking up employment elsewhere (The name and addressof the Employers should be stated)

(Also fill in form no. 5 overleaf) Signature of the Employer

Note:- A member who attained the age of 58 years Is ceased to be a member under the EmployeesPension Scheme, 1995. He is eligible to avail the benefits under the EPS - 95.

80

FORM 12A (Revised)Only for exempted establishments

EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952EMPLOYEES' PENSION SCHEME (PARAGRAPH 20(4)-

EMPLOYEES DEPOSIT LINKED INSURANCE SCHEME, 76.

Name and address of the Estt.l\1/s .

C~;;~~~·;·p~~i~'i;om 1SI April 200 Dto 31 sI March 200 D (To be filled in by the EPFO)Establishment Status r;;:>r-------~

Statement of contribution for the Month ot I IGroup CodeStatutory rate of contribution

Code No 'L1 --'

Particulars Wages on Amount of contribution Amount of contribution Amount of Amount of Date orwhich remitted Administrative Administrative Remittance

Contributions Charges due Charges (encloseare payable remitted triplicate

copies ofChallan)

I 2 3 4 5 6 7

Recovered Payable by Workers Employer'sfrom the the share shareworkers emjllo~er

E.PF. Ale Ale No. 2No. 01

Pension Fund NIL NIL NIL NILAle No. !OD.L.1. Ale NIL NIL Ale. 22No. 21

Total No. of Employeesthe amount is remitted ..•.•..... ;.

a) Contractb) Restc) Total

Name and address of the bank in which

Details of Subscribers .... .,.----. -- --.-- PF Pension Fund E.D.L.LNo. of subscribers as per last monthNo. of new subscribers (Vide Form 5)No. of subscribers left service (Vide Form 10)

(Net) Total Number of Subscribers

Signature of the employer with Official Seal

81

FORM NO. - 3 (PS)(For exempted Establishments)

THE EMPLOYEES'. PENSION SCHE~E, 1995 [Paragraph 20(i)]Code No. of the Estt .

Consolidated Return of employees who are entitled and required to become members of the pension Fundon the date the Pension Scheme comes into force.

Name and address of Establishment.. , Date of coverage ..Industry in which the Estt. is engaged Registration No. of the Estt .

SI Account Name of Father's Basic Date Sex Date of RemarksNo. No. the Name or wages DA of entitlement

employee Husband's induding birth for(in name in the cash value membership

capitals) case of of foodmarried concessionwoman) & retaining

allowance,if any

I 2 3 4 5 6 7 8 9

.

Signature of the employer or other Sta-authorized officer

The information received in Form 5 (PS) in respect of the members leaving service shall be entered in thisform by commissioner specifying clearly the reason for leaving service.

Stamp of the Establishment

This form should be accompanied by declaration and nomination in form 2 by every employeementioned in column 3.The employees who have attained the age of 58 years andlor receiving Pension under the EPS 95are not required to become a member of the Pension Scheme.

(3) In case the employee surrenders the Scheme Certificate, the Control No. of the certificate shouldbe 'entered.

(4) The membership under P.P. and Pension will commence simultaneously.

82

FORM NO. - 4 (P.S.)

(For exempted Establishments)

THE EMPLOYEES' PENSION SCHEME, 1995

[Paragraph 20]

Return of employees entitled for membership of the Pension Fund during the month of .

Name and Address of Establishment. .

Code No. of the Establishment. .

SI Account Name of the Father' Date of Sex Date of Remarks (PreviousNo. No. employee name (or birth entitlement Ale No. &

(in capitals) husband's for particulars ofname in the membership previous servicecase of (Enclose Schememarried Certificate, if any)woman)

1 2 3 4 5 6 7 8

Date . Signature of the employer or otherauthorized officer of theestablishment.

Note: An employee who has attained the age of 58 years and/or drawing Pension under the EPS-95' is not to be enrolled as a member.

83

FORM NO. - 5 (P.S.)(For exempted Establishments only)

THE EMPLOYEES' PENSION SCHEME, 1995

[Paragraph 20 (2)]

Return of Members Leaving Service During the Month of ••••..... 200 •••••

Name and Address of Establishment. .

Code No. of the Establishment. .

SI Account Name of the I Father' name I Date of I Reas~ns ~or leaving Remarks INo. No. employee ' 1 "I 11 'I . .",UI UU;'UClllU :) ICilV1Ug set VIce (see note

(in block) name in the service given below)case ofmarriedwoman)

1 2 3 4 5 6 7

,

An employee who has attained the age of 58 years will cease to be a member of the scheme andentitled to receive the ~u_eE,en~fitunder the E~S-95.

Signature of the EmployerStamp of the Establishment

84

Signature of the Employer(with official seal)

FORM - 6 (P.5)(For Exempted establishment Only)

Total No. of Employees , .(Contract Rest Total)

THE EMPLOYEES' PENSION SCHEME, 1995(Paragraph 20)

Statement of Contribution for the month of •...•..••.••..•.... 200•.••Total No. of Subscribers , .

Name & Address of the Establishment. .

Currency period from I" April, 200 to 3pt March 200 .

Code' No. of the Establishment Statutory Rate of Contribution 8.33% .

Total No. of Wages on Amount of Amount of Date of Name andsubscribers which contribution contributions Remittance address of the

contribution due 8.33% remitted in Alc (Triplicate bank in whichare payable \ No.lO copy of the amount is

challan to be remitted.enclosed)

1 2 3 4 5 6

No. of Sub. as per last month's return .Add: No. of New Subscribers - vide Form 4 (PS) .Less: No. of Subscribers left service - vide Form 5 (PS) .

Net Totai :(This should talIy with the-figures given in Col. 1)

~..,.-..-- ~ _._. --" -_.-

Note(1) If there is any substantial variation between the wages & amount of contribution shown above and

those shown in the last month's return, suitable explanation should be given in the 'Remarks' Column.

(2) If any arrears of contributions or damages are included in the figures under column 4 suitabledetails indicating the circumstances, amount, No. of subscribers and the period involved should befurnished in the 'Remarks' column or on the reverse.

85

FORM - 7 (P.S.)(For exempted Establishments only)

THE EMPLOYEES' PENSION SCHEME, 1995[Paragraph 19)

Contribution card for members for the year 200 200 .

1)2)3)4)5)

Alc No.Name (in Block capitals) .Father's/Husband's Name .Name & Address of Establishment .Whether opted to contribute on wages, in excess of Rs.5000/-

I Month Amount of wages, retaining Contribution to *Period of Remarksallowance, if any & DA Pension Fund non-

including cash value of food 8.33% contributoryconcession paid during the Rs. service

month

1 2 3 4 5

April 200 .. a) Date ofMay leavingJune service ......July b) Reason ofAugust leavingSeptember service ........October c) Date ofNovember attaining theDecember age of 58January years ........FebruaryMarch (for stoppage of

contribution)

Certified that the difference between the total number of contributions shown under Col. (3) of the aboveer table and that arrived at the total wages shown in Col. (2) at the prescribed rate is solely due to the.1) rounding off of contribution to the nearest Re. under the rules.

Certified that the total amount of contributions indicated under Col. (3) has already been remitted in fullin Account No ...lO (Pension-Fund Contribution) .

ndm.

ebe

-,Date 200 .

Signature of the Employer(With Official Seal)

• Indicate the no. of days for which the member has not earned wages.

86

FORM NO - 8 (P.S)(For exempted Establishments only)

THE EMPLOYEES' PENSION SCHEME, 1995

[Paragraph 20]

Annual statement of Contribution for the Currency period from 1'1 200 to 200 .

Name and Address of the establishment. .

Code No. of theestablishment. ; .

S. Account Name of Wages. retaining allowances (if any) Contribution to RemarksNo. number member (in and D.A., including cash value of food Pension Fund

block concession paid during the currencv 833%letters) period (Rs)

1 2 3 4 5 6

Reconciliation of Remittances Total Rs Rs

S.No Month Pension Fund Contributions NcNo. 10

123456789101112

Certified that the differencebetween the figures of totalPension Fund conu ibutionsremitted during the currencyperiod & the total Pension fundcontribution shown under Col. 5is solely due to the rounding ofamounts to the nearest rupeeunder the Rules

i) Total number of contribution cardsenclosed Form 7 (PS)ii) Certified that Form 7 (PS)completed of all the members listedin this statement are enclosed, exceptthose already sent during the courseof the currency period for the finalsettlement of the concernedmembers' account 'Remarks'furnished against the names ofrespective members above.

Rs.Rs.Rs.Rs.Rs.Rs.Rs.Rs.Rs.Rs.Rs.Rs.

Signature of the Employer(With office seal)

Total Rs.

NOTE:1) The names of all members, including those who left service during the currency period should

be included in this statement. Where the Form 7 (PS) in respect of such members who hadleft service were already sent to the Regional Office for the purpose of final settlement of theiraccounts, the fact should be stated against the members in the 'Remarks' column above thus,"Form 7(PS) already sent in the month of 200 "The Form 7 & 8 are combined as Form 7/8 (Revised) to suit the computerized preparation.2)

87

r

FORM - 1

EMPLOYEES' PENSION SCHEME, 1995 (PARAGRAPH 7)

OPTION(To be exercised before 16.5.96)

1. FOR THOSE WHO CONTRIBUTE TO EMPLOYEES' PROVIDENT FUND (INCLUDING EXEMPTED FUNDS) ONLY AND NOT FOR FAMILY PENSION FUND.

1 opt to become a Member of Employees' Pension Scheme, 1995, With Effect From

DD DD DDDDDATE MONTH .~ YEAR

2. FOR THOSE WHO WERE CONTRIBUTING TO FAMILY PENSION FUND (EMPLOYEFAMILY PENSION SCHEME, 1971) AND OUT OF EMPLOYMENT ON OR AFTER 01.04.1993.

I opt to become a Member of Employees' Pension Scheme, 1995, With Effect From

DD DD DDDDDATE MONTH YEAR

I) I undertake to pay the Contributions due to the Pension Fund2) I undertake to refund the benefits received under the EFP Scheme, 1971.

Witness Signature

Signature

EPFIFPF A/C No

DATE:

Name in full(In block letters)

Name in full(In block letters)

Designation Designation:

Name of the establishment: . Name of the establishment\

Excmpted/U nexempted: ExemptedIUnexempted

. Note: Widow/widower of a FPF member who died on or after 1.4.93 but before 16.11.95 canalso exercise the option.

·Strike. out whichever is not applicable.

88

CC/HC ------------- AAO APFC

CERTIFICATE

The provisions of the Employees' Pension Scheme, 1995 were explained to the above member in

presence and were properly understood by himlher before exercising the above option, it was made

to the optee that option once exercised is final and irrevocable.

Signature of the Employerhis authorized

(FOR OFFICE USE ONLY)

Option exercised is scrutinized/accepted and sent to EDPNot accepted - intimation sent.

89

ent

FORM - 2 (REVISED)

NOMINATION AND DECLARATION FORMFOR UNEXEMP7EDlEXEMPTED ESTABLISHMENTS

Declaration and Nomination Form under the Employees' Provident Funds & Employees' Pension Scheme,1995.(Paragraph 33 & 61 (1) of the Employees' Provident Funds Scheme, 1952 & Paragraph 18 of the Em-ployees' Pension Scheme, 1995).

1.

2.3..4.5.

Name (in block letters)Father's/Husband's nameDate of birthSexMarital Status

6. Account No.

PermanentTemporary

PART - A (EPF)I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person(s)mentioned below to receive the amount standing to my credit in the Employees' Provident Fund, in theevent of my death.

Name of the Address Nominee's Date of Total amt. or share of If thenominee/nominees relationship birth accumulations in Nominee is a

with the Provident Fund to be minor, namemember paid to each nominee and

relationship ofthe guardian

. who mayreceive the

amount duringthe minorityof nominee

. 1 2 3 4 5 6

~-~- -1. *Certified that I have no family as defined in para 2(g) of the Employees' Provident Fund Scheme,

1952 and should I acquire a family hereafter the above nomination should be deemed as cancelled.2. *Certified that my father/mother is/are dependent upon me.

Signature or thumb impressionof the subscriber

*Strike out whichever is not applicable.

90

5

PART - B (EPS)(Para 18)

I hereby furnish below particulars of the members of my family who would be eligible to receive widow/children Pension in the event of my death.

1

Name and address of thefamil member

Address Date of birth

2 3 4

Relationship withmember

S.No.

1.

2.3.

**Certified that I have no family, as defined in Para 2(vii) of Employees' Pension Scheme, 1995 and shouldI acquire a family hereafter I shall furnish particulars thereon in the above form.

I hereby nominate the following person for receiving the monthly widow pension [admissible under Para16 (2)(a) (i) & (ii)] in the event of my death without leaving any eligible family member for receivingpension.

Name and address of the nominee Relationship with the memberDate of birth

Date:

Signature or thumb impression of the subscriber**Strike out whichever is not applicable

CERTIFICATE BY EMPLOYER

Certified that the above declaration and nomination has been signed/thumb impressed before me by Shri/Smt/Kum employed in my establishment after he/she has readthe entries/entries have been read over to him/her by me and got confirmed by him/her.

Place: Signature of the employer orUther authorized Officer ofthe establishment

Dated the: Designation:

Name and Address of the Factory/establishment orrubber Stamp thereof,

91

1

.r

Form ·11 (Revised)

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952 (Paragraph 34)AND

THE EMPLOYEES' FAMILY PENSION SCHEME, 1971 (Paragraph 19)

Declaration by a person taking up employment in an establishment in which the Employees' ProvidentFunds & Family Pension Fund Scheme is in force

I S/o/W/o/Daughter of do here by sol-emnly declare that ;-

(a) I was employed in M/s (Name and address of theestanhsnment) and left service on prior to that, Iwasemployed in from to .

(b) I was member of Provident Fund and alsolbut not of the PensionFund from to.......................... .and my account number (s) was/were .

(c) I have/have not withdrawn the amount of my Provident FundlPension Fund

(d) I have/have not drawn any superannuation benefits in respect of my past service from any em-ployer.

(e) I have/have never been a member of any Provident Fund and/or Pension Fund.

(f) I am drawing/not drawing Pension under EPS 95.

(g) I am a holder/not holder of Scheme Certificate.

(h) Scheme certificate surrendered/not surrendered.

Date . Signature or left hand thumb impression ofthe employee

i/ (To be filled by the employer only when the person employed had not already been a member of the.d Employees' Provident Fund)

or

Shri/Smt.. . . . . . . . .. . . .. .. .... .. . . .. . . . . . . . . . .. . . . . ... is appointed as

(Name of Employee) (Designation)

III M/s with effect from

(Name of the Factory/establishment) (Date of appointment)

Dated . Signature of the Employer/Manager or otherAuthorised Officer

92

FORM NO - 9 (P.S)(For PF exempted Establishments only)

THE EMPLOYEES' PENSION SCHEME, 1995

[Paragraph 24]

Declaration by a person taking up employment in an establishment in which the Employees'Pension Scheme is in force.

1. .

(Name)

*son/wife/daughter of

do hereby solemnly declare that:

*(a) I was lastly employed in .

(Name and full address of the establishment)

and left service on 200 .

*(b) I was a member of Provident Fund

and also of the Family Pension fund from to andbut notmy account number(s) was/were ~ .

*(c) I havelhave not withdrawn the benefit accruing from the Family Pension Fund.

*(d) I have never been a member of any Provident Fund nor Family Pension Fund.

**

*(e) I am drawing/not drawing Pension under EPS-95.

*(f) I am a holder/not holder of Scheme Certificate.

*(g) Scheme Certificate surrendered/not surrendered.

Signature or *right hand thumb

Impression of the employee

Date .

*Strike out whichever isriof a.pplicable:-- -

NOTE: - The principal employer should have filled it up in respect of employees to beemployed by or through a contractor.

93

-,

(EMBLEM TO BE PRINTED)

EMPLOYEES' PENSION SCHEME, 1995FORM lO-C (EPS)

(Supplied free of cost)Form for claiming withdrawal benefit/scheme certificate

INSTRUCTIONS

Who can apply?

1. A member of the Employees' Family Pension Scheme, 1971/ Employees' Pension Scheme, 1995.

a) Who has left the employment before completion of 10 years service;

b) Who has attained the age of 58 years before completion of 10 years service - whetherin servicelleft the service.

2. A member, who has completed 10 years service on the date of his leaving the service has notattained the ate of 50 years on the date of filing this application or has attained the age of 50years on the date of filing this application or has attained the age of 50 years or more but lessthan 58 years, and not willing for reduced pension.

NOTE: 1 To determine the period of 10 years service rendered from 01.03.1971 to 15.11.1995(if any), shall also be taken.

NOTE:2(i) A member who has completed 10 years service and attained the age of 58 years, whereIn service or not, is eligible for Monthly Member Pension.

(ii) A member who has completed 10 years service and also attained the age of 50 yearsis eligible to draw pension at reduced rate, after leaving the employment.

(ill) A member who has left the service on account of total and permanenl disablement,irrespective of his age and period of service, is eligible for monthly disablementpension.

(iv) To claim the Monthly pension, application in Form IO-D should be submitted.

3. Type of benefit eligible-.. .

A member falling under Item I above is eligible to get the amount towards withdrawal benefit.

However, a member falling under item lea) above is advised to opt for Scheme Certificate onaccount of following advantages: .;

(i) . On taking up employment in another establishment, his earlier service period will be carriedforward and clubbing both the spe~ls together pension entitlement shall be regulated.

94

95

(ii) If the member does not take up employment and dies before attaining the age of 58years. His family will get Family Pension. On his survival he will get withdrawal benefitwith weightage as may be prescribed.

(iii) While availing a Scheme Certificate, there is not bar to withdraw the P.P. accumulationby the member.

4. Guidance for filling the application

(S.No. given below refers to the one given in the application)

Write your name in CAPITAL letters as given in the service records of your es-tablishment.

To be furnished only when the application is preferred by a person other than themember himself (i.e. Nominee/family member).

The exact date of birth of the member should be gi ven.

Particulars should be written clearly without any overwiiting of sutting, Correctionif any, be attested.

The option is to be given by the member only if he has not rendered 10 yearsservice and eligible for withdrawal benefit.

Complete particulars of nominee and family (spouse and all children) should begiven without fail.

To be furnished when the claim is preferred by nominee of the family member (s),

To be completed only when a member is eligible for withdrawal benefit and optedfor it in lieu of Scheme Certificate (not applicable to those who are entitled forScheme Certificate or opted for Scheme Certificate in lieu of withdrawal benefit)

12 In case, the member is drawing Family Pension/ Pension under the Employees'Pension Scheme, 1995, the details should be furnished.

SI. No. 1(a)

1(b)

2.3 to 7

8

9

10

11.

Advance Receipt

To be given where the withdrawal benefit is admissible and opted for payment by cheque. (The AdvanceReceipt need notbe.signed.hz the ..member, if the payment is opted through Money Order) ..

Attestation of claim form:

The claim should preferably be attested by the employer under whom the member was last

If for any reason, the claimant is unable to get the application attested by his ex-employer, heforward the claim to the Provident Fund office duly clarifying the position, after getting it attested by.anyone of the following authorized officials.

t

1

e

dr)

e

l.

YY

(i) Manager of the Bank where the member is holding an account;

(ii)

(iii)

Head of Educational Institution;

A Gazetted Officer;

(iv) Sub-Post Master;

(v) The Magistrate

(vi) Member of Central Board of Trustees, Employees' Provident Fund or Regional Committee.

(vii) ChairmanfSecretarylMember of the MunicipallDistrictlLocal Board;

(viii) President of the village Union/ .::'ali~:ia'yau'~v~vHli;vl UI Pc:ui.iafIl~ntiMember of LegislativeAssembly.

(ix) Any other officer approved by the Regional P.F Commissioner.

5. For further guidancel clarifications required, if any, The Public Relation Officer in the nearestProvident Fund Office (including Provident Fund Inspectorates) may be contacted.

96

Serial No. _

For Office use onlyInwards No.

Form No. lO-C (E.P.S.)

EMPLOYEES' PENSION SCHEME, 1995FORM TO BE USED BY A MEMBER OF THE EMPLOYEES' PENSION SCHEME, 1995

FOR CLAIMING WITHDRAWAL BENEFITI SCHEME CERTIFICATE

(Read the instructions before filling up this form)

1. a) Name of the member: -(In Block Letters)

c) Name of the claimant (s)

2. Date of Birth

3. a) Father's Name

b) Husband's Name

4. Name & Address of the

Establishment in which, the

Member was last employed.

5.Region/SRO Code L..1_---L_---lL...-_...L-_-L-_---ICode No. & Account No.

6. " Reason for leaving service& Date of-leaving ..-

7. . Full Postal Address: -(In Block Letters)ShiSmt./Km

S/o, .W/o, Dlo__________ PIN _

97

8. Are you willing to accept Scheme

Certificate in lieu of withdrawal benefits.

(a)

D,(b)

No DYes

9. Particulars ofFamiiy (Spouse & Children & Nominee)

Name Date of birth Relationship with Member Name of the guardianof minor

(a) Familymembers

(b) Nominee

10. In the case of death of member after attaining the age of 58 years without filling the claim:

a) Date of death of the member

b) Name of the Claimant (s)/ and relationship with the members

11. MODE OF REMITTANCE [PUT S TIC IN THE BOX AGAINST THE ONE OPTED]

a)

c)D

Account payee cheque sent direct for credit to my SB Ale (Scheduled Bank)

DBy postal money order at my cost to the address given against item No. 7

Under Intimation to me.S.B.Account No.Name of the Bank(In Block Letters)Branch(In Block Letters)Full address of the Branch(In Block Letters)

12. Are you -avaningp-ensioiflmder"EPS-95?If so, indicate: PPO No. By whom issued _

CERTIFIED THAT THE PARTICULARS ARE TRUE TO THE BEST OF MY KNOWLEDGE

Date _ Signature or left HandThumblmpression of the

Member/claimanti s)

98

ADVANCED STAMPED RECEIPT

[To be furnished only in case of (b) above]

Received a sum of Rs (Rupees ) only from Regional Provident Fund Com-

missioner /Officer-in-charge of Sub-Regional Office by deposit in my savings Bank Nc towards the settlement of my Pension Fund Account.

(The Space should be left blank which shall be filled by Regional Provident Fund Commissioner/Officer-in-charge.

Signature & left hand thumb impression of the member on the stamp. Rs.1/-RevenueStamp

Certified that the particulars of the member given are correct and the member has signed/thumb im-pressed before me.

The details of wages and period of non-contributory service of the member are as under: -

Form 3AI7(EPS) enclosed for the period for which it was not sent to Employees' Provident FundOffice.)

Wages (Basic + D.A.) as on 15.11.95 (if applicable)

Wages as on the date of exit.

Period of non contributory Service

YearIMonth No-of-days

Date: .Signature of Employer/Authorised Official.

99

(FOR THE USE OF COMMISSIONER'S OFFICE)

(Under Rs. . P.O. No .................................................... .M.OJ Cheque

Passed for paymentwords) .

for Rs (in

M.O. Commission (is any) , , net amount to be paid by M.O ............. .towards withdrawal benefit.

D.H. S.S. A.A.O

(FOR USE IN CASH SECTION)

Paid by inclusion in cheque No Dt. vide cash Book (Bank)Account No.IO Debit Item No ; .

S.S. AC (Cash)

For issue of S.S.; IDS is enclosed.

D.H. S.S. A.A.O. APFC (A/cs)

(FOR USE IN PENSION SECTION)

Scheme Certificate bearing the control No. . .issued on..... ~.......•........ _ .... And.entered.in.the Scheme Certificate Control Register-

D:H. S.S. A.A.O.

APFC (PENSION)

100

Serial No.

EMBLEM(To Be Printed)

EMPLOYEES' PENSION SCHEME, 1995(Supplied free of cost)

Member Widow/widower

Application for monthly PensionForm lO-D (EPS)

Note: To be submitted in two Copies in case pension is to be drawn in other Region.

EXPLANATORY NOTE FOR THE APPLICATION:Serial No. given below relates to the corresponding No. given in the application.

1. By whom the pension is claimed?Indicate anyone of the following under SI. No. 1.

NomineeMajor Orphan Guardian

2. Type of Pension Claim - Indicate anyone of the following.

a) On attaining 58 years whetherin service or PENSIONnot

SUPERANNUATION

b) Attained the age of 50 yearsbut below 58 years and leftservice.

REDUCED PENSION

c) DISABLEMENT PENSION

PENSION

e) ORPHAN PENSION

d) WIDOW & CHILDREN

o NOMINEE PENSION

3. (a) to (c), 4 & 5Please furnish the particulars relating to the member correctly.

101

6. Indicate the actual date of leaving service.

This need not be filled by a member who has attained 58 years and continued to be ins e r -vice. Indicate, 'still in service'.

7. If the reason for leaving service was on account of total and permanent disablement, as indicatedby the establishment to the P.E Office through Form 10, then only the member is entitled forDisablement Pension. In all other cases the actual reason for leaving service may be given.However, a member who continues in services beyond the age of 58 years may indicate "still inservice".

8. If the present address is temporary one, also indicate permanent address.

9. SI. No. 9 is applicable only to a member of the Pension Scheme and not for his family. Theapplicant is eligible to commute upto a maximum of 1/3 of his pension so as to receive 100 timeof the pension commuted. If a pensioner who is getting an original pension of Rs.600/- commutes1/3rd of it, he will get Rs.20,OOO/-as commuted value. The commutation will be effective onlyfrom 16.11.1998. The applicant may give his option for commutation in the application and thiswill be effective and paid only if the member - pensioner continues to draw his pension as on16.11.1998.

On opting for commuted value of pension, the original pension mentioned for Return of Capitalwill be the balance of pension after commutation.

10. The member can give his option for Return of Capital. Option once exercised is final. He maychoose anyone of the following and indicate the no. shown under alternative against SI. No. 10of the application.

Alternative Quantum of Pension Return of Capital1. 90% of original pension On member's death 100 times the

original monthly pension to nominee.

2. 90% of original pension to On death or remarriage ofmember. On his death 80% of Widow/Widower whichever is earlier.

pensi~n toWidow /Widower .. 90 times of original pension to nominee.,

3. 87.5% of original pension for a At the end of 20 years, 100 times offixed period of 20 years to original pension to member, if he ismember. On his death before 20 alive, otherwise to nominee.years, nominee will get pension forbalance period.

102

11. The member is required to furnish the details of his/her nominee for receiving the Return of Capital.A member can nominate his/her spouse or sons or daughters. A married member who is notsurvived by any member of his family (spouse/sons/daughters) and a bachelor/spinster maynominate a person of his/her choice to receive Return of Capital/Pension, due if any, underAltemati ve 3 as per Serial Number 10 above.

12. This should be completed by the member. In his absence, by the spouse/Children. The list ofsurviving family Member, covering his spouse, all children should be furnished. The particulars ofGuardian should be given in respect of each minor child, as on the date of application. In supportof the age of children, age proof certificate obtained from the School or Registrar of Birth-deathor E.S.I. Record, or Municipal authorities should be enclosed. In the case of Guardian other thannatural guardian, a Guardianship Certificate should be enclosed.

13. Applicable only in case the member is not alive. In support to the date of death, Death Certificateshould be enclosed.

14. The details of Bank Saving Bank Account Number should be given.

In case the claim is preferred by spouse, he/she should give hislher Saving Bank Account Numberand also separate Saving Bank Account Numbers. In respect of each child Saving Bank AccountNumbers of children who are below the age of 25 years (as on date of death of the member)should be given. On behalf of minor child, Saving Bank Account opened in the name of minorand operated by the guardian of the minor and Account Number should be given.

Pension is payable through any branch of the *(to print the name of designated bank(s) onthe specified day of each month by credit to the Saving Bank Account of eligible pensioners.Hence, Saving Bank Account should be opened only in the said Bank. Necessary guidelines havebeen given to all branches of the Bank to open a Saving Bank Account for the pensioners. Theapplicant may approach any branch of the said bank to open the account.

The member, spouse and children (minor or major) should necessarily open Saving Bank Ac-counts in the same branch of the Bank.

Whenever pension is opted from a place beyond the jurisdiction of the Region in which themember was last employed, he should ascertain the name of the designated bank applicable inthat Region and open a Saving Bank Account therein.On sanction.of.Penaion, iruimation will be sent to the pensioner to contact the bank.

14 (A) In case of death of the member before attaining 58 years without leaving any eligiblefamily members to received the pension, the nominee as appointed by the member through theForm 2 (Revised) already sent to the P.P. Office may apply giving his particulars against thiscolumn.

* Please write the name of the designated Bank(s).

103

'\

15 In case the member was working in different establishments and obtained Scheme Certificate, thedetails should be furnished against this column. In case, no Scheme Certificate was received ornot applied for the same, the details of past employment may be indicated in this column.

16. If the applicant is already receiving pension under Employees' Pension Scheme, 1995 or claimPension, The details should be furnished against the column.

17. List of documents to be enclosed and specifiedunder Column No. 17:

(a) Descriptive role of pensioner and his/her specimen Signatureffhumb impression in duplicate.

(b) 3 pass-port size photographs (if claimed by the member Joint photo with spouse). If thepension is claimed by member, there is no need to send photograph of the children. If claimedby widow, the photograph should be sent for widow/widower and his/her two children (be-low 25 years) separately. The photographs are to be attested by the employer or his au-thorized official, indicating the person to whom the photograph relates and also the P.P'Account Number of the member, written on the reverse and placed in a separate envelope.

(c) In the case of a member, who is permanently and totally disabled during the employment,he/she should undergo a Medical Examination before the Medical Beard as advised by theE.P.P' Office. However, the disablement should occur while in employment.

(d) The application should be forwarded through the establishment in which the member lastserved/died. The establishment should furnish the certificate and wage particulars duly at-tested by the authorized Officer.

(e) Only if the establishment is closed, the application should be forwarded through the Mag-istrate/Gazetted Officer/ Bank Manager/ any other authorized officer as may be approvedby the Commissioner.

.'\

104

For Office Use i OnlyInward No.

APPLICATION FOR MONTHLY PENSIONFORM lO-D (EPS)

EMPLOYEES' PENSION SCHEME, 1995(Read INSTRUCTIONS before filling in this Form)

1. By whom the Pension is claimed?

3. (a) Member's Name(In Block Letters)

(b) Sex

(c) Marital Status

(d) Date of Birth/age

(e) Father's !Husband's Name

4. E.P.F. Account Number

5. Name & Address of the establishmentIn which the member was last employed

6. Date of leaving service

7. Reason for leaving Service

8. Address for communication

2. Type of Pension claimed.

RO SRO Establishment Code No.

Member's Account No.

--------~,--,'::':-----------------:-------------------

9. Option for commutation of 1/3 ofQuantum

'Pension (If option is for lesser)Commutation indicate the quantum)

PIN:

Yes No

CJ CJ CJ105

10. Option for Return of Capital(Please refer Serial Number 10 ofINSTRUCTIONS)[Put a tick ( )]If yes, indicate your choice of r-Ialternative. l.--.J

Yes No

CJ CJ-~~~

11. Mention your Nominee for Returnof Capital

Name

Relationship

Date of Birth

Address

12. Particulars of Family

S.No. Name Date of Relationship Indicate against MinorBirth/Age with Member

Guardian RelationshipName with Member

(1) (2) (3) (4) (5) - (6) ~-

Note: If any child is physically handicapped, please indicate "DISABLED" below the name.

13. Date of death of Member(if applicable)

14. Details of Saving Bank Account Opened

(1) Name of the Bank

(2) Name of the Branch

(3) Full Postal Address

PIN CODE

106

SI. No. Name of the Claimant(s) Saving Bank AccountNo,

14(A) If the claim is preferred by nominee,indicate his/her

(1) Name(2) Relationship with the

deceased ~ember

Details of Scheme CertificateAlready in possession of theMember, if any

Scheme Certificate 'jreceived & enclosed 1.- -'

15.

Not Received

Not Applicable

If Received, indicate

SI. No. Scheme-Certificate Control No. Authority who issued the Scheme

107

16. If Pension is being drawn PPO No.Under E.P.S., 1995 issued by

17. Documents enclosed(Indicate as per the Instructions

1. 6.

2. 7.

3. 8.

4. 9.

RO I' SRO

,

108

[I

TO BE SUBMITTED IN DUPLICATE IN RESPECT OFEACH PERSON ELIGIBLE FOR PENSION

Descriptive roll of Pensioner and hislherSpecimen Signature/Thumb impression1. Name of the Member

2. E.P.F. Account Number

3. Name of the Pensioner

4. FatherIHusband Name

5. Sex

6. Nationality

7. Religion

8. Height

9. Personal Marks of Identification 1.

(ii) _

10. Specimen signature of Pensioner(ii) _

(ii) _

(ii) (Only in the case if illiterate Claimant (Pensioner)Left Hand Finger Impression);

1.

THUMB INDEX MIDDLE RING SMALL

Place:Date:

Certified that:(ii) I am not drawing Pension under Employees' Pension Scheme, 1995(ii) The particulars' given in this application are true and correct.

109

Signature:

Name of theAttesting. AuthorityOffice Seal

Signature of the appliLeft Hand Thumb

·,.......................•. /~ = •..,

Certified that:

(TO BE FILLED IN BY THE EMPLOYER!AUTHORISED OFFICER OF THE ESTABLISHMENT)

i) the particulars of the member are correct;

ii) the particulars of Wages and Pension Contribution for the period of 12 months preceeding the dateof leaving service are as under: -

(In case, the wages is not earned for all 12 months, the block of 12 months will commencewards from the last pay drawn)

back-

Year Month Wages Pension Contribution due Details of period of non-contributory service. If there isno such period, indicate 'NIL'

No. of Amount Year No.of days for whicdays no wages were earned

(1) (2) (3) (4) (5) (6) (7)

Encls: 1. Documents as given in the Instructions.2. Form of descriptive roll and specimen signature.

.

,

Signature of EmployerlAuthorised Official of

The Establishment withSeal & Date

110

(FOR OFFICE USE ONLY)(PENSION SECTION/ACCOUNTS SECTION)

Certified that the particulars in the application have been verified with the relevant concerned documents.The claimant is eligible for Pension. The Input Data Sheet is placed below for approval.

Entered in Form 91F0rm 3(PS), Master Ledger Card/Claim Inward Register.

Form 2(R) enclosed alongwith the documents furnished by the claimant.

CLERK

DateSos.Date

4.4.0.Date

A.P.F.C.Date

FOR USE IN PENSION PRE-AUDIT CELL

The Input data sheet verified with reference to the application and the documents enclosed and foundcorrect. P.P.o. may be generated through Computer.

CLERK

DateS.S.Date

A.A.O.Date

A.P.F.C. (Pension)Date

FOR USE IN PENSION DISBURSEMENT SECTION

P.P.O. No.

Date of issue to the Bank

Intimation sent to the ClaimantAnd also to Accounts Branch on

CLERK

DateS.S.Date

A.A.O.. Date

A.P.F.C.- Date

I 11

I

Annexure-I

PERFORMA

[For making reference to Medical Board of Central/State GovtJESIC Hospital under Para 15(3)of Employees' Pension Scheme, 1995]

1. Name of the Member

2. EPF Ale No.

3. Establishment in which Member is working

4. Residential Address

5. Reported date of disablement

(as reported in Form-lOD claim)

6. Reported nature of disablement

(as reported in Form-WO claim)

7. Definition of permanent total disablement as providedunder Para-2(xvi) of EPS, 95"Permanent total disablement means such disablementof permanent nature as incapacitates an employee ferall work which he/she was capable of performing atthe time of disablement, regardless whether suchdisablement is sustained in the course of employmentor otherwise."

8. To be examined by "Medical Board" to determinewhether or not he or she is permanently and totallyunfit for any of such disablement and certify in theenclosed proforma in clear terms, duly signed withseal, for considering the claim Form submitted by theMember for grant of monthly pension on "Permanentand total disablement during the service'~_~round.

RPFC/COP01 C,SRO/ APFC

9. Any other remarksPlaceDate

ToMedical Board

HospitalPlace

112

Copy to:

Shr!lSmt(Address)

for information and to appear before the Medical Board for medical examination and arrange to submit

the Medical Certificate, at the earliest.

113

Annexure- 11

PROFORMA[To be completed by the Medical Board on examining the disabled Member]

1. Name of the Member

2. Father's Name

3. EPF Ale No.

4. Name of the ~dllhlic;:hmpnt in \U~!':'~he/she is working

5. Residential Address

6. Nature of disablement sustained in the course ofemployment or otherwise

7. Date on which disablement sustained

8. Whether the relevant nature of disablement has resulted inpermanent and total disablement(If so, please certify so in clear terms and furnish therelevant details including the percentage of disablement)

9. Whether the Member is permanently and totally unfit foremployment

10. Whether permanent total disablement incapacitated theMember employee for all work which helshe was capableof performing at the time of disablement

11. Name of the Central/State GovtJESIC Hospital with full address

12. Members of the Medical Board who have examined thedisabled Member

Name of the Members of Medical Board

1.

2.

3.

114

Designation

13. Report of the Medical Board and their recommendations: -

Note: - The Medical Board should clearly certify the permanent and total disablement onthe above lines [Refer Para 2 (XVII), 15(3)].

14. Signature of the Members of the Board with office seal and date: -

1.

2.

3.

To

RPFC/COPOIC, SRO/APFC

115

,

CERTIFICATE TO BE SUBMITTED BY PENSIONER

L LIFE CERTIFICATE

Certified that I have seen the pensioner (Name of the pensioner)

holder of Pension Payment Order No. and that he is alive

on this date.

SignaturefI'humb impressionof pensioner

Place: Name _

Date: Designation of authorized Officer

Seal

II. CERTIFICATE OF NON RE-MARRIAGE

* I hereby declare that I have not been re-married and I undertake to report such an eventpromptly to the Pension Disbursing Authority/Bank.Place: Signature _

Date: Name of the Pensioner -------

P.P.O. No. _

I certify to the best of my knowledge and belief that the above declaration is correct.

Signature of a responsibleOfficer or a well-known

Place: Person

Date: Name

Designation _

116

[FORMAT OF PPO]

EMPLOYEES' PROVIDENT FUND ORGANISATIONREGIONAL/SUB-REGIONAL OFFICE

~' .

Date:

UNTIL FURTHER NOTICE, and on the expiration of every month, be pleasedto pay Shri/Smt.the pension as set out in Part-II of this order Widow/Widower Pension and the Children Pension asset out in Part-Ill of this order / Orphan Pension as set out in Part-IV of thisorder / Nominee Pensionas set out in Part- V of this order/Commuted Value of Pension as set out in pan -VI of this order andReturn of Capital value as set out in Part-VII of this order, after due verification of the Pensioner/Family Pensioner, including Children Pension/Orphan Pension.

Signature

Designation

Special Seal of the Pension PaymentorderIssuing Authority

Bank Code

To

S.B. A/e

117

1J

••

PENSION PAYMENT ORDER(PENSIONER'S PORTION)

PART ·1

Draft Pension No.Particulars of member of the Employees' Pension Scheme, 1995

1. Name of the member

2. Employees' Provident fund Nc No. :

3. Date of Birth

4. Date of cessation of membership

5. Reason of cessation of membership

6. Past Service upto 15/11/1995

7. Actual Service

8. Eligible Service

9. NCP days

10. Pensionable Service

11. Weightage of 2 years

Total Pensionable Service

12. Pensionable Salary

13. Wages on 15/11/95

14. Wages on date of exit

15. Years to Age 58

Rs.

Rs.

Rs.

Yrs.

16. Details of Family membersINominee eligible for Pensionin the event of Death of Member

SI. I Name I Relationship I Date of Birth

,

118

PART -11(Applicable in the case of cessation of service due ~o

any reason other than death)

Section - 1 Particulars of Pensioner

1. Joint photograph with the spouse

2. Name of the member

3. Permanent Address

4. Present Residential Address

5. Personal marks of identificationon face or on hand, if any

6. Signature or left hand thumbimpression of the pensioner(To be obtained at the time of first payment of pension)

Section - 2 Details of Pension

l. Class of Pension Superanuation Pension

2. Para. under which sanctioned

3. Monthly Member Orignal Pension Rs.

4. Commuted Pension Rs.

5. Pension after Commutation Rs.

6. Reduced amount due to ROC Rs ....-~~,,---"_ .. "

7. Monthly reduced Pension Rs.,

8. Actual amount of Monthly Rs.Member Pension payable

9. Date of commencement of Pension

119

Section - 3Details of WidowlWidower Pension including Children Pension/Orphan Pension

payable on the death of the Pensioner

1. Para under which WidowlWidower/ : 16.2(a).(iii),16.3(b),16.4(a)Children Pension/Orphan Pensionis admissible

2. Amount of widow/widower Pension/Children Pension:

Type of Pension IAmount I From. I To

Widow/Widower Pension Rs.Plus the amount of widow Rs.pension at the rate of 80 % The date following The date of deathof member pension in case the date of death Re-marriage of theopted for reduced pension of the Pensioner. WidowlWidower,option 2 whichever is earlier

Total: Rs.

Children Pension Rs.to two children at the same The date following The date of attaintime (Simultaneously with the date of death -ing age of 25 Yrsthe WidowlWidower.) of the Pensioner. or death, which

-ever is earlier

3. Orphan Pension:In the event of death/or .re-marriage of the WidowlWidower, the children shall be paid in lieu ofMonthly Children Pension, the Monthly Orphan Pensionto maximum of two children at a time

Rs."

Orphan Pension to twochildren at a time The date following

the date of deathIre-marriage of theWidowlWidowerwhichever is earlier

The date of attainingage of 25 Yrs ordeath whichever isearlier

120

Section - 4

Name of the nominee for payment of pension for the balance of 20 years paid under capital returnoption 3 on the death of membei pensioner before expiry of 20 years period from the date ofcommencement of pension:

121

EMPLOYEES' PROVIDENT FUND ORGANISATIONREGIONAUSUB-REGIONAL OFFICE'

PENSION PAYMENT ORDER(DISBURSER'S PORTION)

space for jointPhotographDraft Pension No. :

Debitable to E.P.F. Ale No. _

Place for signature ot pensioner to betaken at the time of first payment

1. _

2. _

3. _

I Particulars of member of the Employees' Pension Scheme, 1995

1 Name of the member2 Employees' Provident fund Ale No.3 Date of Birth4. Date of cessation of membership5. Reason of cessation of membership : Superannuation6. Ace. No. With Disbursing Bank (if any) :

Details of Family membersINominee eligible forpension in the event of Death of Member

SI. INameNo. IAddress

IRelationship IDate of BirthI I

122

II

TABLE

S.No. Name Type of Pension

Date of Birth**Date of commencement Pension**Date of Stpoage (if applicable)

Originalpension

CommutedPension

Pension aftercommutation

Reduced amountdue to ROC

Monthly Pensionin Payment

III

(1) Date of death of member Pensioner

123

(2) Date of re-marriage/death of widow/widower

UNTIL FURTHER NOTIC-E,andon-theexpiration of every month, be p-leased to pay to the person(s)whose name(s) is/are mentioned in para. II (particulars of Pensioners), the amount of pension indicatedagainst his/her/their respective natpe (s) in the table bearing the amount of Pension upon the pro-duction of the pensioner's portion of this order taking from the claimant a receipt for the amount accordingto prescribed form. The payment should commence from the date indicated in the table above and shallcontinue to be made till the death of the member pensioner.

IV. MONTHLY FAMILY PENSION ADMISSIBLE IN THE EVENT OF DEATHOF THE MEMBER PENSIONER (SURVIVED BY FAMILY MEMBER).

In the event of the death of ShriWidowlWidower pension and the children pension should be paid to thefollowing member of the family of the deceased pensioner simultaneously at the rate indicated againsttheir respecti ve names :

S.No. NameDate of Birth

Amount in Rs.AlC no. with bank

The payment should commence from the date following the date of death of the pensioner & shallcontinue to be made till the date of happening on the event stated below:(i) Re-marriage/death of Sh.lSmt.

whichever is earlier.(ii) On attaining the age of 25 Yrs. in case of childrens

DETAILS OF OTHER CHILDREN IN THE FAMILY

S.No. Name Date of Birth

CHILDREN PENSION'- \

Children Pension shall be payable to not more than two children at atime. In the event of anyone or both of the children who have beengetting pension, becoming non-entitled due to the happening of anyevent as in (ii) above, the children pension shall be paid to thenext eldest surviving child/children till the attainment of age of25 years

124

V. ORPHAN PENSIONIn the event of cessation of widow/widower pension due to death or re-marriage of the widow/widower, the children shall be paid Monthly Orphan Pension. in lieu of the Monthly ChildrenPension, at the rate of Rs. 207 Upto 3111211999,338 wef Jan 2k each per month. The payment..should commence from the date following the date of death/re-marriage of widow/widower. TheMonthly Orphan Pension shall continue to be paid till the date of attaining the age of 25 Yrs.

VI. NOMINEE PENSIONIn the case of death of the member who did not have living spouse and/or an eligible child,a monthly Nominee Pension at the rate indicated below against the nominee shall be payable.

Not applicable

VII. Commuted Value of PensionShrilSmt.-

(Member pensioner) shall be paid a lumpsum amount of Rs.- being the commuted valueofpension(l00 times the commuted pension)by the disbursing agency, as set out in PART-VI OfPPO (Pensioner's Portion ), after verifying the bonafides of the said recipient and after takingfrom him !her a receipt of said amount according to the prescribed forms

VIII. RETURN OF CAPITAL VALUEOn death of the member pensioner or the widow/widower as the case may be who has beenin receipt of Reduced Pension as indicated in the table, Shri/Smt.(Beneficiary/Nominee) shall be paid a lump sum amount of Rs.by the disbursing agency, after verifying the bonafide of the said recipient and after taking fromhim/her a receipt for the said amount according to the prescribed form.

(Seal of the IssuingAuthority)

Signature &Designation of Issuing Authority!APFC(PENSION), E.P.F.O., Regional. /Sub-regional Office.'

ToBank Code:S.B. Ale

125

EMPLOYEES' PROVIDENT FUND ORGANISATIONEMPLOYEES' PENSION SCHEME, 1995 -

Date:SCHEME CERTIFICATE TO BE ISSUED UNDER PARA 12(8)

Particulars of the Member of Employees' Pension Scheme 1995

Scheme Certificate No.

1. Name of the Member2. Employees' Provident Fund Alc No.3. Date of Birth4. Father'slHusband name5. Dt. of Joining Current Estt.(EPS)6. Date of Cessation of membership7. Reason for Cessation of membership8. Age as on 16/11/959. Date attained age 58 on10. Age on Date of Exit11. Past Service upto 15/11/199512. Actual Service13. Eligible Service 11+1214. Pensionable Service15. Salary as on 15.11.199516. Pensionable Salary17. Last Salary18. NCP days19. Date of Voluntry Contrib. option20. Details of Family memberslNominee

Rs.Rs.Rs.

1 1

SI. I NameNo. I

I Relationship I Date ofI with the member I Birth

Date: AUTHORISED SIGNATORY

126

D

D

CONSOLIDATEDMONTHLY.RETURN

ONEMPLOYEES' PENSION

SCHEME, 1995

D

Tel: (011) 6172677Fax: (011) 6172677

EMPLOEES' PROVIDENT FUND ORGANISATION

E-mail: cpfc@alpha.nic.in

(Ministry of Labour, Govt. of India)HEAD OFFICE, BHAVISHYA NIDHI BHAWAN

14, BHIKAJI CAMA PLACENEW DELHI-110 066

No.: Actuary-l(3)/20001To

Dated: 13121 Dec., 2000

All Regional Provident Fund Commissioners (In-charge of Regions),All Officers-in-charge of SROs/SAOs, .All Regional Provident Fund Commissioners (pension) in Regional Offices.

Sub:- Prescribing consolidated monthly return for collection of information/data from regionsrelating to the implementation of Employees' Pension Scheme, 1995 - regarding.

Sir,As you are aware, that at present, all the Regions are required to send to the Pension Wing at Head-quarters Office, the following periodical returns: -

Subject

(1) Receipt, Disposal & Pendency of Withdrawal BenefitScheme Certificate claims (F/IOC claims)

(2) Receipt, Disposal & Pendency of Pension Claims (FIlOD)(3) Database creation - Members Data in Form 2 Fortnightly(4) Classification of pensioners(5) Details of pensioners with wage-slab wise break up

(6) Compliance under the EPS, 1995(7) Commutation amount released to pensioners(8) Pensioners with classification of pension amount(9) Defaulting establishments > No. and amount.

(10) Receipt, Disposal & Pendency of Exemption applications

Actuarial valuation Information(11) Establishment details(12) Financial data(13) Pension payments

EPSF-IEPSF-4EPSF-5

127

Periodicity

Monthly

Monthly

Fortnightly

Monthly

MonthlyMonthlyMonthlyMonthly

Monthly

AnnualAnnualAnnual

2. The aforesaid returns are collected from the regions with a view to:-./' Monitoring the progress of implementation of Employees"Pension Scheme, 1995

in the region concerned ../' Reporting the figures to PIC/CBT/GovernmentlAnnual Report ../' Utilising the figures for Annual Valuation by the Consultant Actuary.

These returns were prescribed from time to time as and when need arose for collecting therequisite information. With the passage of time, the requirement of the Pension Wing (Head-quarters) office has been assessed. It has, therefore, been decided that instead of a numberof returns, a consolidated return may be prescribed in the manner stated below.-

./' The returns mentioned at S.No. (1) and (2) are dispensed with .

./' Fortnightly returns at S.No. (3) & (4) above would continue to be furnished asseparate returns .

./' A consolidated format has been designed in place of monthly returns at S.No. (5)to (10) and Annual returns at S.No. (11) to (13) and the details/information/datamay be furnished on monthly basis by the Regional Offices, for the region as awhole .

./' SROs should send the relevant information to their Regional Headquarters by 5th

of the following month ../' The Regional Offices should compile and consolidate the information for the

whole region and furnish the same through single monthly return, to the Head-quarters Office by 10th of the following month.

3. The format of the consolidated return contains six (VI) parts as under:-( I) Part I Classification of pensioners.(2) Part 11 Database Creation (Members Data in Form-91F0rm-2)(3) Part III Details of Exemption Applications received/disposed etc.(4) Part IV (a) No. of establishments (un-exempted exempted);

Establishments in default; Amount in default etc.Bifurcation of defaulting establishments/amount -Public/pri vate sector-wise .

..__ ... - ------ .

Actuarial Valuation data:(a) Establishments;(b) Pension Fund Membership;(c) Contribution;(d) Pensioners not opted/opted for Return of Capital;(e) Scheme Certificate issued;(f) Scheme Certificates surrendered.

(b)

(5) Part V

128

"'~

iI

I

(6) Part VI Financial data for Actuarial Valuation(a) Amount paid towards monthlypension (lOD) cases

- during the month.(b) Amount paid towards monthly pension (lOD) cases

- during the year.(c) Commutation of pension (COP).(d) Return of Capital paid.(e) Capital value of Pension (ROC) paid to Nominee.(f) Withdrawal Benefits paid (Form lOC cases)

4. Suitable instructions with regard to filling up of the format of consolidated monthly return havealso been attached on the top of the format. It will facilitate the functionaries in the SROs/RegionalOffices to furnish the relevant information correctly and uniformly. It has also been decided that the newreturn may be implemented from 1st February, 2001. First return should contain the information for themonth of January, 2000. The SROS/SAOs should submit the requisite information in the prescribed for-mat relating to their respective SROISAO to their Regional information so received from theSROsincluding the information relating to the Regional Office, and furnish it to the Headquarters by IO" ofthe concerned month. It is, however, made clear that on introduction of the new consolidated monthlyreturn, the fortnightly returns mentioned at S.No. (2) & (3) would continue and should be sent as beforewithin the prescribed time.

Kindly acknowledge receipt.Yours faithfully,

SdI-

(A. VISWANATHAN)Addl. Central Provident Fund Commissioner (Pension)

Copy to:-

(1) FA & CAO.(2) Addl. CPFCs(NorthlEast/WestlSouth Zones).(3) Director (NATRSS)/All ZTIs.---

(4) Director (MIS).(5) All Zonal Audit Officers.(6) PS to CPFC.(7) Advisor

129

INSTRUCTIONS FOR FILLING THE CONSOLIDATED MONTHLY RETURNRELATING TO EMPLOYEES' PENSIONS SCHEME, 1995

Part I Classification of Pensioners:

(a) Cclumn-(a) i.c., sub-columns (i) to (iii) relate to the 'Member Pensioners'. It has three categories viz.,Early Pension (availed pension between the age of 50-57 years), (ii) Superannuation Pension (availedpension on attaining the age of 58 years), and Disablement Pension (availed pension by the disabledmembers).

(b) The first column relates to the opening balance which means the pensioners in position as on the begin-ning of the month (carried forward from the earlier months). The next column 'added during the month'means the member pensioners in the three categories sanctioned pension during the month. Next to thiscolumn is the pensioners 'deleted' during the month. This means, the number of existing pensioners whohave ceased due to death; re-marriage etc. (in case of spouse pension) are to be entered in this column.

(c) Column (b) relates to 'spouse pensioners'. This includes cases of "Death in service" as well as"death away from service". Also include here the cases of the erstwhile EFPS, 1971 in the categoryof 'Death in service' since the erstwhile EFPS, 1971 permitted pension to the spouse only in the caseof death of the member while in service.

(d) Similarly, the figures in column (c) relate to the 'Children pension' granted so far under the erstwhileEFPS, 1971 and under the EPS, 1995.

(e) SimiIartreatment has to be given to the columns at (d); (e) and (f) in this part.

Part 11 Database creation (Members Data in Form-9/Fform-2):Presently this information is being furnished in the fortnightly return indicated at S.No.3 in the covering letter. Thesame information shall be furnished in this part also.

Part III Details of Exemption ApplicationsThis part relates to the applications received from the establishments who have applied for grant of exemptionunder para 39 of the Employees' Pension Scheme, 1995. This being a monthly return, all figures viz., openingbalance, applications received etc. should be furnished for the current month only.

Part IV(a) Establishment/amount in default under the Employees' Pension Scheme, 1995• First column relateste-tetalnumber of establishments' to which the Employees' Pension Scheme.,

1995 applies. Establishments exempted from the EPS, !995 need not be included in this part. Informa-'tion relating to Un-excmpted and exempted establishments as at the beginning of the month, to whichthis return relates, only need be shown. However, "exempted establishments' in this part mean thoseestablishments Which are exempted from the E.P.F. Scheme, 1952 but not exempted from the EPS,1995.

• Similarly "number of establishments in default" will mean the establishments who have defaulted in thematter of compliance either for contributions or for any other reasons.

130

• In the third main column "Progressive Amount in default", means the amount in default relating to EPScontribution (including contribution in default under the EFPS, 1971). This should be progressive amounti.e., total carried forward from earlier years to the end of the month to which the return relates.

• Fourth main column relating to "Amount of contribution in default.." should be filled with the amount ofdefault for the current year i.e. 1st April to the closing of the month to which the return relates. Figuresshould be furnished in "Rs. in lakhs" only.

(b) Public Sector and Private Sector Bifurcation

This part is further bifurcation of the information furnished in part (a) above, sector-wise. 'Grand total'of the 'Total' columns in the three main columns should tally with the figures given in the 'Total' columnsin part (a) above.

Part V ACTUARIAL VALUATION DATA:This part has further six sub-parts viz. (a) Establishments; (b) Pension Fund Membership; (c) Contribution; (d)Return of Capital; (e) Scheme Certificates issued; and (f) Scheme Certificates surrendered by the members. Thisis vital information to be furnished to the Consultant Actuary for the purpose of Annual Actuarial Valuation asrequired under the provisions of the Employees' Pension Scheme, 1995. The 'members under EPS, 1995'should only be furnished under "Membership column".

(a) & (b) Information under the sub-heads 'Establishments', and the 'Membership' with regard to the open-ing balance; added during the month and particularly the establishments/members 'ceased during themonth' due to various reasons has to be furnished separately under each of the columns.

(c) As regards information to be furnished under the sub-head 'Contribution' it is for guidance that in thefirst column figures for the 'contribution due' for the current year i.e., April to the month of the return, befurnished. Similarly, the next column be furnished with the total contributions received upto the month,i.e., April to the month of the return. Contribution shall mean Contribution under the EPS, 1995.

The next column relates to the 'establishments not contributing' under the EPS, 1995. This has to befilled with the cumulative figures forthe current year i.e., 'April to the current month'. This columnincludes 'No. of establisnments as well as the total amount of default for the current year till the currentmonth.

(d) This part relates to the 'Return of Capital' benefit opted by the members under para 13 of the EPS,1995. Informauoahastobe furnished in four columns. In the first column.numberof cases where Returnof Capital has not been opted. The other three columns relate to the three options available for availingthe Return of Capital. Inf onnation should be collected and furnished separately for the differ ent options.There are three options available under this para. First option allows Revised Pension (90%) for lifetime of member with Return of Capital on his death. Under the second option Revised pension (90%)during the lifetime of member, furtherrednced pension (80%) during lifetime of the widow/remarriage,whichever is earlier and Return of Capital on her deathlremani age. ThIrd option allows pension (87.5%)for a fixed period of 20 years and Return of Capital at the end of 20 years to the member/nominee.

131

Figures relating to Return of capital opted/not opted against the three types of pensions viz., Superannuation;Early Pension; Disabled Pension should be furnished separately. Figures for the current year i.e., 'April to currentmonth' and the progressive figures (i.e., carried forward from earlier years) should be furnished in the relevantcolumns,

(e) Scheme Certificates Issued:In this part, number of Scheme Certificates issued to the members 'during the month' and 'during thecurrent year' i.e., April to Current month_shall be furnished separately in the relevant columns.

(f) Scheme Certificates surrendered by Members:This part relates to the Scheme Certificates surrendered by the members for availing benefits/continuingmembership. Scheme Certificates surrendered 'during the month' and 'during the current year' i.e.,April to Current month_shall be furnished separately in the relevant columns.

PART VI FINANCIAL DATA FOR ACTUARIAL VALUATION

(a) Monthly Pension payments (During the months):This part deals with the figures relating to the amount paid towards monthly pension (Form IOD cases)during the month. There are six main columns showing the nature of pension viz., Member Pension;Widow Pension; Children Pension; Orphan Pension; Nominee Pension and the Parent Pension. Firstfour columns have been further divided into sub-columns indicating the contingency of drawing the pen-sion. Separate information has to be furnished indicating the amount paid during the month against eachsub-column.ln the total column, total amount disbursed (total of all the 12columns preceding the 'totalcolumn') towards different pensions during the month has to be furnished.

(b) Monthly Pension payments (During the year):This sub-part (b) is similar to sub-part (a). Only difference is that in this sub-part, figures for the currentyear (April to current month) should be furnished.

(c) Commutation of Pension:This sub-part has two main columns, Each column has further two sub-columns.ln the first main columninformation relating to the current month has to be furnished whereas in the second column informationrelatingto the current year (April to current month) has to be furnished. First sub-column relates to the'number of cases' where COP has been disbursed and the second sub-column relates to the 'amount. --- _.disbursed' towards COP against that number,

(d) Return of Capital Paid:This sub-part has also two main columns and each column has further two sub-columns. Figures relatingto the current month and the current year as in (c) above has to be furnished against the respectivecolumns separately against the three different option.

132

1(e) Capital value of Pension (Return of Capital) paid to nominee:

Para 16(5)(b) of the EPS, 1995 provides for allowing to the nominee the Return of Capital under para13(1) if the member who had retained membership, dies without rendering pensionable service on thedate of exit from employment. Similar to sub-para (c) & (d) above, this part has also two main columnsand each main column has further two sub-columns relating to the current month and the current year.Information may be furnished accordingly.

(I) Withdrawal Benefits:In this part details of withdrawal benefits paid against Form 1QChas to be furnished. Like previous sub-part this sub-part (0 has also two main columns and further two sub-columns under each of the maincolumn. Details regarding number of cases settled and the amount paid towards that number has to befurnished against the relevant columns.

133

MONTH ....,--_. REGION _

EMPLOYEES' PENSION SCHEME, 1995CONSOLIDATED MONTHLY RETURN

Part IClassification of Pensioners

Opening Added Deleted ClosingBalance during the during the balance

month month (End of thismonth)

a) Member Pensioners

i) Early Pension (50-57 years)

ii) Superannuation Pension(58 years)

iii) Disablement Pension.

TOTAL

b) Spouse Pensioners

i) Death in service

- EFPS 71

- EPS 95 .ii) Death away from

service.

TOTAL

c) Children Pensioners

i) EFPS, 1971

ii) EPS95

TOTAL

d) Orphan Pensioners- -"_."" -"

e) Nominee Pensioners

t) Parent Pensioners

Grand Total

(a+h+c+d+e+f)

134

Part 11Database Creation (Members Data in Form-9IForm-2

Members of E.P.F. Form-2 Form-2 Database createdissued received

Data entry in computer DafaTransferredtoEPFOsystems

Tctal Contributing Members Members Estts. Members Members

members as members

on 1.1April

Part mDetalls of Exemption Applications

Opening No. of SenttoHqrs Retumedto Rejected ClosingBalance applications for grant of Estt.for Balance

recvd During exemption rectificationthe month

Note: - Enclose the list of establishments sent to Head Office for cross verification.Part IVa) Establishmentl Amount in Default under the Employees' Pension Scheme, 1995

Rs. inlakhsTOTAL NO. OF FSIT. NO. OF ESTrs. IN PROGRESSlVEAMT. IN AMT. OFCONfR. IN

DEFAULT UPI'011IE END DEFAULT· DEFAULTFOR11IEOFnmMON11I (Rs, in Iakhs) CURRENfYEAR[I'ROM

I-APRIL TQTIlEENDOF- nJECURRENI'MONI1I]

(Rs. in lakbs)Unexe. Exe. Total· Unex.·· E& Total Unex. Exe. Total Unex. Exe. Total

,· .• ·0',,.

"

,•.".! .•, ..

Note:- The above figures should tally with the MIS/ABP/Annual Report figures of the region.

135

b) Details of default - Public Sector and Private Sector - Bifurcation

PUBLIC SECTOR NO. OF ESTTS. IN PROGRESSIVE AMT. IN AMT. OF CONTBN.BELONGING TO DEFAULTUPTOTHE DEFAULT * IN DEFAULT FOR THE

MONTH (Rs, in lakhs) CURRENT YEAR [FROMI· APRIL TO THE END

OF THECURRENT MONTH]

(Rs, in lakhs)

Unexe. Exe. Total Unexe. Exe. Total Unexe. Exe. Total

1. Central Govt.

2 Union Territory

3. State Govt.

4. Local Bodies/Municipal

Committee etc.

TOTAL (1 to4)

5. Private Sector

6. Any other (PI. classify)

GRAND TOTAL **

• Progressive total carried forward from earlier years to the end of current month

.* This should tally with the details under (a)

Part V

136

ACTUARIAL VALUATION DATAa) Establishments

Category Opening Added during the Ceased during the month Closing balancebalance month

Unexe.- • _··'._c -Exe. -,

,

10fAL =

b) Pension Fund MembershipCategory Opening Added Clg.

Balance During Bal.the Ceasedduring themonth

month --

Super- Early Disab- Death Death Scheme With- Total (2+3annua- Pension lement In away Certifi- drawaI (4t5+6 -11)tion Pension service from cate benefit +7+8+9

service cases settle- +10), 'ment

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

Unexe.

Exe.

TOTAL '-

c) ContributionRs.inlakhs

Category Toml centrfbutlo» due Total contributleus Estts. Not contributing uptoupto the month received upto the the month

(April-current month) month (April-current menfh)(April-current month)

No. of Estts. Total amount

Unexe,

Exe,

TOTAL

d) Details of Pensioners not opted/opted for RETURN OF CAPITAL(April-upto the month)/progressive.

Category Life Pension Option I Life Pension Option-I1 RevRd Option.m Pension for(ROC not opf"<l) withROC Pension to members! Fixed period - 20

(Number) (NumbeJ") pension to widow years with ROC.withROC (Number)(Number)

Current *Progressive Current *Progressive Current *Progressive Current *Progressive----- -year~ .. -year year year"-

Superannuation

Early pension

Disabled ,

pension

. .* Progressive details carried forward from earlier years to the end of cu"elll molllh.

137

e) Number of Scheme Certificates issuedNo. of Scheme certificates issued to members

During the month During the year(April-current month)

f) Number of Scheme Certificates surrendered by Members (issued earlier by the EPFO offices)

During the month During the year(April-current month) I

Note:-The Statistical figures from (a) to (f) should tally with the MIS/ABP/Annual Report figures of the region.

Part VIFINANCIAL DATAFOR ACTUARIAL VALUATION

Details of amount paid towards monthly pension (Form 10D cases)a) During the month

RsinlakhsMember Pensioners Widow Pension Children Orphan Nominee Parent Total

Pension Pension Pension Pension Amount

Super Early Disab- Death Death Death Death Death Death Deathannua Pens- led in away of inI of in! oftion Ion Pensio- Service From Member Away Member Away Member

ners Service Pensio- From Pensio- From Pensio-ner Service ner Service ner

b) During the year (April to current month)Rsin lakhs

Member Pensioners Widow Pension Children Orphan Nominee Parent AmountPension Pension Pension Pension Total

Super Early Oisab- Death . Death Death Death Death Death Death ,annua Pens- led in away of inI of inI oftion Ion Pensio- Service From Member Away Member Away Member

ners Service Pensio- From Pensio- From Pensio-ner Service ner SeJVice ner

138

if.~

J'

,

,• cJDetails of cases relating to commutation of Pension (COP)

;Ii.

,,'.'

Amount disbursed towards COP Amount disbursed towards COP during theduring the month current year (April-current month)

Number . Amount Number Amount(Rs. in lakhs) (Rs. in lakhs)

d) Details of Return of Capital paidRsinlakhs

ROC OPTION DURING THE MO~lH DURING THE YEAR(APRIL -CURRENT MONTH)

Number Amount Number Amount

Option 1

Option 2

Option 3

TOTALe) Details ofCspita! Vruu~ of Pension (Return of Capital) paid to nominee under para 16(5)(b)

of Employees' Pension Scheme, 1995.

DURING THE MONTH DURING THE YEAR

Number Amount Numb+ Amount

f) Details of withdrawal benefits paid (Form lO-C cases)Rsinlakhs

DURING THE MONTH DURING THE YEAR

(April-Current Month)- -~...-. "

Number Amount Number Amount "

=,.'',,', i )

Note:- The payment figures (a) to (0 should tally with the Balance Sheet Figures of the Region.

139