Dear friends,
Mr.S.D. Patil has raised two things. 1) As the member has completed 10 years' service, application for withdrawal benefit is rejected. 2) At the same time child pension is not eligible as the only son already attained 25 years. " Now which are the options available for getting the pension fund." This was the query. Accordingly I replied with the provisions of the Act and practices is being done by the EPFO.
The EPS-95 came into force w.e.f 16.11.1995 (more than 18 years). If we are not fully aware of the provisions and practices, kindly enquire with the Office of the Regional PF Commissioner.
Here BPugazhenthi has quoted as " The provisions of Para 16(5)(a) of the Employees Pension Scheme, 1995 is applicable only in those cases where the subscriber is not married (or) the spouse is not alive at the time of death of the subscriber and/or there is no living eligible (below 25 yrs old) children." Think for a moment regarding this quotation. Nomination to receive pension is valid under the following context.
1) If the Subscriber is not married.
2) If the spouse is not alive and the age of children is not below 25.
Mr. S.D.Patil has clearly stated that the member having only legal heir, i.e a son with an age of more than 25 years. Therefore the second clause is fulfilled and nomination is valid. Hence the following statement that "Therefore, none is eligible for family pension. Nomination is not valid in such cases. Nomination is valid only where the subscriber is not married.
The husband, if alive and eligible for pension, will be eligible for family pension." is against the above cited quotation.
"The Employees Pension Scheme itself is a scheme based on cross-subsidy. Therefore, there cannot be any straight line relationship between the subscription made by the subscriber and the benefits he/she gets or does not get!" I think Pugazhenthi may be kind enough to explain.
Abbas.P.S
From India, Bangalore
517Mr.S.D. Patil has raised two things. 1) As the member has completed 10 years' service, application for withdrawal benefit is rejected. 2) At the same time child pension is not eligible as the only son already attained 25 years. " Now which are the options available for getting the pension fund." This was the query. Accordingly I replied with the provisions of the Act and practices is being done by the EPFO.
The EPS-95 came into force w.e.f 16.11.1995 (more than 18 years). If we are not fully aware of the provisions and practices, kindly enquire with the Office of the Regional PF Commissioner.
Here BPugazhenthi has quoted as " The provisions of Para 16(5)(a) of the Employees Pension Scheme, 1995 is applicable only in those cases where the subscriber is not married (or) the spouse is not alive at the time of death of the subscriber and/or there is no living eligible (below 25 yrs old) children." Think for a moment regarding this quotation. Nomination to receive pension is valid under the following context.
1) If the Subscriber is not married.
2) If the spouse is not alive and the age of children is not below 25.
Mr. S.D.Patil has clearly stated that the member having only legal heir, i.e a son with an age of more than 25 years. Therefore the second clause is fulfilled and nomination is valid. Hence the following statement that "Therefore, none is eligible for family pension. Nomination is not valid in such cases. Nomination is valid only where the subscriber is not married.
The husband, if alive and eligible for pension, will be eligible for family pension." is against the above cited quotation.
"The Employees Pension Scheme itself is a scheme based on cross-subsidy. Therefore, there cannot be any straight line relationship between the subscription made by the subscriber and the benefits he/she gets or does not get!" I think Pugazhenthi may be kind enough to explain.
Abbas.P.S
From India, Bangalore
Dear friends,
I am closely watching the discussions between Mr. Abbas, Mr. BC Arya & B Pugazhenti in response to a query posted by Mr. S.D.Patil. As Mr. Abbas has always doing, this time also he guided by quoting a clause of EPS-95 which was generally not known to all. I have experienced several times that Mr. Abbas was helping to solve these type of complicated issues. Ofcourse he is a Mster of the scheme. That is why the Moderators of citeHR viz. Mr. Madhu TK has requested Abbas to extend guidance. (for e.g citeHR/319927)
Countering Mr.Abbas, Mr. BC Arya made some false statements. 1) Completion of 50/58 years is must to get pension, responding to this death case. 2) Daughter is eligible for pension till her marriage only. 3) Other than member pension, widow/widower pension and child pension there is no other pension. Now Pugazhenthi is admitting that other than the above pensions, there is nominee pension. But this will be eligible only if the member is not married, which is contradictory to clause that Pugazhenthi quoted.
My opinion is that Mr. Abbas is doing a very good help to the citeHR community. If our collegues are not thorough the various provisions of the scheme kindly keep mum, instead of raising these types of arguments.
Asok Kumar.R,
Asst. Commercial Officer,
ITI Ltd,
PALAKKAD - 678 623.
From India, Bangalore
I am closely watching the discussions between Mr. Abbas, Mr. BC Arya & B Pugazhenti in response to a query posted by Mr. S.D.Patil. As Mr. Abbas has always doing, this time also he guided by quoting a clause of EPS-95 which was generally not known to all. I have experienced several times that Mr. Abbas was helping to solve these type of complicated issues. Ofcourse he is a Mster of the scheme. That is why the Moderators of citeHR viz. Mr. Madhu TK has requested Abbas to extend guidance. (for e.g citeHR/319927)
Countering Mr.Abbas, Mr. BC Arya made some false statements. 1) Completion of 50/58 years is must to get pension, responding to this death case. 2) Daughter is eligible for pension till her marriage only. 3) Other than member pension, widow/widower pension and child pension there is no other pension. Now Pugazhenthi is admitting that other than the above pensions, there is nominee pension. But this will be eligible only if the member is not married, which is contradictory to clause that Pugazhenthi quoted.
My opinion is that Mr. Abbas is doing a very good help to the citeHR community. If our collegues are not thorough the various provisions of the scheme kindly keep mum, instead of raising these types of arguments.
Asok Kumar.R,
Asst. Commercial Officer,
ITI Ltd,
PALAKKAD - 678 623.
From India, Bangalore
But, I would like to add one more thing.
Asok Kumar Sir took the meaning my words wrongly, and stated that I have made false statements. Whereas, as per this discussion, I put right input as per my knowledge. In this:
# 1. If a member completes 10 year of membership under EPF Act, then in this case he / she is eligible for EPF Pension Scheme. Under this scheme, the member get Pension after attending age of 50/58 Years; here I was talking about "Member Pension", not about Family or Children Pension.
# 2. for the family members also eligible for Pension, in which, Son ( should be below age of 25) and daughter (should be unmarried). Here did the mistake, because I was not aware that the word "unmarried" omitted in amendment.
# 3. Other than member pension, widow/widower pension and child pension there is no other pension. Here also I did mistake, because I was not aware about "Orphan Pension, Nominee Pension and Dependent Parents Pension".
Although I didn't made these mistakes knowingly. Surely I am not the master of this, but this doesn't means that I don't have its knowledge. I will take care in future regarding the update and amendments in the Acts and will confirm before posting it.
From India, Delhi
Asok Kumar Sir took the meaning my words wrongly, and stated that I have made false statements. Whereas, as per this discussion, I put right input as per my knowledge. In this:
# 1. If a member completes 10 year of membership under EPF Act, then in this case he / she is eligible for EPF Pension Scheme. Under this scheme, the member get Pension after attending age of 50/58 Years; here I was talking about "Member Pension", not about Family or Children Pension.
# 2. for the family members also eligible for Pension, in which, Son ( should be below age of 25) and daughter (should be unmarried). Here did the mistake, because I was not aware that the word "unmarried" omitted in amendment.
# 3. Other than member pension, widow/widower pension and child pension there is no other pension. Here also I did mistake, because I was not aware about "Orphan Pension, Nominee Pension and Dependent Parents Pension".
Although I didn't made these mistakes knowingly. Surely I am not the master of this, but this doesn't means that I don't have its knowledge. I will take care in future regarding the update and amendments in the Acts and will confirm before posting it.
From India, Delhi
Dear Shri Bhuvan.C.Araya,
Thank you for your postings, nobody is perfext in this universe,life is a learning procss. ....
Knowledge develops through sharing only , even an insect tries to impart knowledge to others. Plants hardworking without break for protecting the entire universe, true learner will try to search knowledge even from the grass. Because our nature is filled with knowledge, for realizing this we have to eluminate our ego....it is the end of the true knowledge. Hence there is no need for sorry,,, and pardons....your email reveals that sir really you are in the path of ego elumination..
Spending few minutes for others. is really great
Regardas
Asok kumar.R
From India, Bangalore
Thank you for your postings, nobody is perfext in this universe,life is a learning procss. ....
Knowledge develops through sharing only , even an insect tries to impart knowledge to others. Plants hardworking without break for protecting the entire universe, true learner will try to search knowledge even from the grass. Because our nature is filled with knowledge, for realizing this we have to eluminate our ego....it is the end of the true knowledge. Hence there is no need for sorry,,, and pardons....your email reveals that sir really you are in the path of ego elumination..
Spending few minutes for others. is really great
Regardas
Asok kumar.R
From India, Bangalore
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PF guidleines for Pension fund.pdf