Dear Mr. Agrawal,
Correct me if a i am wrong, what i can conclude from your reply is that in case of pension amount only the father is eligible for claim(if he is alive) irrespective of the fact that the nomination is only in mothers name.
Kindly clarify the same.
Thanks & Regards
C.M.Mohla
From India, Delhi
14Correct me if a i am wrong, what i can conclude from your reply is that in case of pension amount only the father is eligible for claim(if he is alive) irrespective of the fact that the nomination is only in mothers name.
Kindly clarify the same.
Thanks & Regards
C.M.Mohla
From India, Delhi
Senthil
Yes you need to send to all legal heirs and take signatues of those (along with their photos).if employee unmarried only mother and father needs to be signed.
if employee married ,dependents (spoude,children,(below age of 21 years) needs to be certified.
KHS
From India, Hyderabad
Yes you need to send to all legal heirs and take signatues of those (along with their photos).if employee unmarried only mother and father needs to be signed.
if employee married ,dependents (spoude,children,(below age of 21 years) needs to be certified.
KHS
From India, Hyderabad
Dear Shri Mohla Ji,
The nomination executed by the deceased employee is for EPF and not for family pension under EPS 1995. To the best of my knowledge, information and belief, after the death of unmarried son, only father can apply for family pension. After his death, mother of the deceased member can apply for pension. Notwithstanding, I will again search the EPS 1995 and revert with either proper reference or with amendments in what I have stated here. Presently, you may please proceed with final EPF claim in the name of nominee mother. Thanks & regards,
From India, Pune
The nomination executed by the deceased employee is for EPF and not for family pension under EPS 1995. To the best of my knowledge, information and belief, after the death of unmarried son, only father can apply for family pension. After his death, mother of the deceased member can apply for pension. Notwithstanding, I will again search the EPS 1995 and revert with either proper reference or with amendments in what I have stated here. Presently, you may please proceed with final EPF claim in the name of nominee mother. Thanks & regards,
From India, Pune
Dear Shri Mohla Ji and all concerned,
My above contention is correct. Only amendment I need to do is - the applicant father should have been dependent upon his deceased son. I have been able to connect the relevant provision in the EPS 1995. The EPS 1995 is a public document and can be downloaded from the official site of the EPFO. It being a public document, I reproduce below relevant portion i.e. article 5(a) which reads as under:
Quote: (5) (a) A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to the monthly widow pension, as admissible under sub-clauses (I) and (ii) of clause (a) of sub-paragraph (2). 36[. "(aa) If a member dies leaving behind no spouse and/or an eligible child falling within the definition of family and no nomination by such deceased member exists, the widow pension shall be paid under sub-clauses (I) and (ii) of clause (a) of sub-paragraph 2 either to dependent father or dependent mother as the case may be. On grant of Pension to such dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the surviving mother life long".]36. Inserted by G.S.R.66 dated 22nd February, 1999. (w.e.f 6.3.99) Unquote.
Please note that for being eligible for pension, father should have been dependent upon his son. First claim will be of father and not the mother. Those interested may please go through the Employees Pension Scheme, 1995 which is available on the EPFO website and can be downloaded by anybody. This is however different from final payment of the deceased member's EPF account which can be paid to only the nominee, in the referred case, to the mother only.
Please proceed ahead in the light of the above explanation. Thanks and regards,
From India, Pune
My above contention is correct. Only amendment I need to do is - the applicant father should have been dependent upon his deceased son. I have been able to connect the relevant provision in the EPS 1995. The EPS 1995 is a public document and can be downloaded from the official site of the EPFO. It being a public document, I reproduce below relevant portion i.e. article 5(a) which reads as under:
Quote: (5) (a) A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to the monthly widow pension, as admissible under sub-clauses (I) and (ii) of clause (a) of sub-paragraph (2). 36[. "(aa) If a member dies leaving behind no spouse and/or an eligible child falling within the definition of family and no nomination by such deceased member exists, the widow pension shall be paid under sub-clauses (I) and (ii) of clause (a) of sub-paragraph 2 either to dependent father or dependent mother as the case may be. On grant of Pension to such dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the surviving mother life long".]36. Inserted by G.S.R.66 dated 22nd February, 1999. (w.e.f 6.3.99) Unquote.
Please note that for being eligible for pension, father should have been dependent upon his son. First claim will be of father and not the mother. Those interested may please go through the Employees Pension Scheme, 1995 which is available on the EPFO website and can be downloaded by anybody. This is however different from final payment of the deceased member's EPF account which can be paid to only the nominee, in the referred case, to the mother only.
Please proceed ahead in the light of the above explanation. Thanks and regards,
From India, Pune
Dear Shri Mohla Ji & all other concerned, Kindly read article no. 16.5 (a) instead of 5 (a). Entire EPS 1995 is attached herewith.
From India, Pune
From India, Pune
Dear Mr. Agrawal,
Here I am handling the same situation regarding the pension of unmarried employee who nominee his mother in Form no.2(Revised) at the time of joining. As Per rule his mother (nominee) is entitle to receive pf share. But when i have send pension claim in the name of mother. pf office rejected the claim & advice me to send the pension claim in name of the father of deceased member. I am confused to see all this, when the mother is nominee in form no. 2 (revised) and pf claim has been settled by pf office in name of mother then what is the problem in pension claim. After that as per advice of pf office I have send the same in the name of father. they have reject the same & advice me to send the claim both of father and mother of deceased member. At last I have been send the same to Pf office & it is under process.
Please suggest me that if i was wrong anywhere.
thanks/regards,
Amit Kumar
From India, Chandigarh
Here I am handling the same situation regarding the pension of unmarried employee who nominee his mother in Form no.2(Revised) at the time of joining. As Per rule his mother (nominee) is entitle to receive pf share. But when i have send pension claim in the name of mother. pf office rejected the claim & advice me to send the pension claim in name of the father of deceased member. I am confused to see all this, when the mother is nominee in form no. 2 (revised) and pf claim has been settled by pf office in name of mother then what is the problem in pension claim. After that as per advice of pf office I have send the same in the name of father. they have reject the same & advice me to send the claim both of father and mother of deceased member. At last I have been send the same to Pf office & it is under process.
Please suggest me that if i was wrong anywhere.
thanks/regards,
Amit Kumar
From India, Chandigarh
Dear C.M.Mohla,
Greetings for the day,
First of all tell me that the deceased employee has filed the nomination & declaration form i.e form-2 or not, if yes then this should be made clear that he was married or unmarried.Thirdly if married then the compensation & benefit goes to family members of the deceased employee, if not the nominated members will be benefited.
Secondly the form required for filing death claim should be Form-20, 5IF & 10D,EPF accumulation should be claim from Form20 for this you have fill this in triplicate for each claimants, afterward same procedure should be followed for filling up form 5(I.F) which is for EDLI & Form10D(For EPS) duly accompained with :
1) Photographs of the claiments duly attested by employer where employee was in job.
2) Age proof of deceased employee (*must be attache with form 20, form 5(IF) & form 10D, seperatly in each set).
3) Death certificate of deceased employee including the autopsy report/police fir copy in case of accidental death (*Do as above).
4) Age proof of claiments(*Do as above)
5) Bank details of claiments(* Do as above)
6) Attested copy of form 2(Nomination & Declaration form) which was earlier submitted to EPFO through employer.
7) Age Proof of claiments(*Do as above).
8) Id Proof of claiments (* Do as above).
For EPF & EDLI accumulation the amount should be transferred to any scheduled/nationalised banks or Post office but for EPS you have to go to EPFO as because EPS accumulation should only be transferred to listed banks of EPFO for various state.
Last but not least if nomination was done then it is well & good, if not no need to worry you should file an affidavit from judicial magistrate to EPFO detailing the relationship with the deceased employee, secondly if the age proof of claimants were also not available they must approach to CMO/CIVIL SURGEON office to obtain a certificate for the same.
If any one not willing to nominate any one for EPFO, he may also nominate any NGO or social body for claim after his /her death.
Thanks & Regards,
From,
Sumit Kumar Saxena,
+91-9899669071
From India, Ghaziabad
Greetings for the day,
First of all tell me that the deceased employee has filed the nomination & declaration form i.e form-2 or not, if yes then this should be made clear that he was married or unmarried.Thirdly if married then the compensation & benefit goes to family members of the deceased employee, if not the nominated members will be benefited.
Secondly the form required for filing death claim should be Form-20, 5IF & 10D,EPF accumulation should be claim from Form20 for this you have fill this in triplicate for each claimants, afterward same procedure should be followed for filling up form 5(I.F) which is for EDLI & Form10D(For EPS) duly accompained with :
1) Photographs of the claiments duly attested by employer where employee was in job.
2) Age proof of deceased employee (*must be attache with form 20, form 5(IF) & form 10D, seperatly in each set).
3) Death certificate of deceased employee including the autopsy report/police fir copy in case of accidental death (*Do as above).
4) Age proof of claiments(*Do as above)
5) Bank details of claiments(* Do as above)
6) Attested copy of form 2(Nomination & Declaration form) which was earlier submitted to EPFO through employer.
7) Age Proof of claiments(*Do as above).
8) Id Proof of claiments (* Do as above).
For EPF & EDLI accumulation the amount should be transferred to any scheduled/nationalised banks or Post office but for EPS you have to go to EPFO as because EPS accumulation should only be transferred to listed banks of EPFO for various state.
Last but not least if nomination was done then it is well & good, if not no need to worry you should file an affidavit from judicial magistrate to EPFO detailing the relationship with the deceased employee, secondly if the age proof of claimants were also not available they must approach to CMO/CIVIL SURGEON office to obtain a certificate for the same.
If any one not willing to nominate any one for EPFO, he may also nominate any NGO or social body for claim after his /her death.
Thanks & Regards,
From,
Sumit Kumar Saxena,
+91-9899669071
From India, Ghaziabad
Dear Shri Amit Kumar Ji,
Please separate the two subjects - final payment of EPF account & pension under the Employees Pension Scheme, 1995. Then you have no problem. Balance in the EPF account is earnings, savings of the account holder. He may nominate anyone to receive it after his death. It is a one time payment. On the other hand, pension is to be paid from public exchequer. It is a continuous process till the pensioner dies, re-marries or attains certain age. It is a social welfare measure. Therefore governed by different rules. As you said, the PF office has settled the final payment claim of mother of the deceased and insisted for pension claim from father with the name of mother included therein. In case the father passes away before mother, the latter would get pension after him life long. If the claim for pension were in the name of father only, it would have stopped after his death. Now the pension payment order would clearly mention the name of the mother also. You were not wrong anywhere but the PF office was right. They are seasoned people. They have correctly handled the case. Thanks & regards,
From India, Pune
Please separate the two subjects - final payment of EPF account & pension under the Employees Pension Scheme, 1995. Then you have no problem. Balance in the EPF account is earnings, savings of the account holder. He may nominate anyone to receive it after his death. It is a one time payment. On the other hand, pension is to be paid from public exchequer. It is a continuous process till the pensioner dies, re-marries or attains certain age. It is a social welfare measure. Therefore governed by different rules. As you said, the PF office has settled the final payment claim of mother of the deceased and insisted for pension claim from father with the name of mother included therein. In case the father passes away before mother, the latter would get pension after him life long. If the claim for pension were in the name of father only, it would have stopped after his death. Now the pension payment order would clearly mention the name of the mother also. You were not wrong anywhere but the PF office was right. They are seasoned people. They have correctly handled the case. Thanks & regards,
From India, Pune
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