• Employees Pension Scheme 1995

I am a member of EPF from 1995. My employer relieves me from service on completing 56 years. I was petitioned before my employer but rejected. So approached to EPFO and EPFO remarked that the date of retirement is prerogative of employer. I became a member of EPF as my employer come under the rule of EPS 1995.Now by relieving me before the age of 58 I was forced to apply for reduced pension or wait to complete the age of 58 to apply for superannuation of pension without salary about two years.

Under Rule 12 of EPS 1995 Monthly members Pension (1) A Member shall be entitled to (a) Superannuation pension if he has rendered eligible service or more and retires on attaining the age of 58 years.
In the FAQ Published in EPFO website item no 67 “ At what age a member is eligible for pension” The answer is “ A member is eligible for pension on superannuation at the age of 58 years. If a member leaves employment between 50 and 57 years he can avail the early (reduced) pension.

So please clarify whether the stand taken by my employer and EPFO is correct?
What are the legal options to get superannuation of pension immediately after my retirement?
Asked 4 years ago in Labour

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9 Answers

In defence service the superannuation age for serving soldiers is  56 years.

Likewise you can ask your employer to give a certificate certifying that you have retired at the age of 56 years which is considered as superannuation as per company rules.

or let him allow you to continue to work till you attain 58 years  of age if the employment offer letter and the service conditions permit you to work till 58 years of age.

You create all these and secure them as evidence  which may be useful to you at a later stage if you propose to file a writ petition in high court seeking the desired relief 

T Kalaiselvan
Advocate, Vellore
87022 Answers
2335 Consultations

This is one of the tactics the company owners adopt to avoid paying the superannuation benefits to their employees thereby saving a very sizable amount fraudulently.

A PIL can be filed through an experienced and skilled lawyer in the high court highlighting the fraudulent tactics adopted by the employers to defraud the government as well as hitting the stomachs of their own employees.

 

T Kalaiselvan
Advocate, Vellore
87022 Answers
2335 Consultations

No it's illegal

Prashant Nayak
Advocate, Mumbai
32413 Answers
199 Consultations

Note here that answer given in FAQ are supposed to reflect the correct position of the rule provisions but if some does not,  then the incorrect answer does not have any legal force. 

Disputes will be settled as per the provisions contained in the law itself not with a reference to anything contained in FAQ. 

As pert the law members are eligible for pension only after attaining the age of 58. You can withdraw the pension amount at a reduced rate by 4% during age between 50 to 57. 

Next part of you question - Even you do job after retirement , the pension is payable .

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hi

File a writ petition in High Court regarding your queries 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

As you have been retired before the completion of 58 years so you will be eligible for family pension at the reduced rate the relevent provision in this regard as per the para 12 of the act.

Even after you claim family pension after the completion of 58 years the family pension amount will be reduced accordingly because from 56 to 58 years you have not paid the subscription to PF account that will definitely reduce the eligibility amount in this regard so it is advisable at this point of time you may accept the reduced pension as you have not completed the requisite number of contribution years to complete 58 years your age

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Were you in private or public organization ? If private than you can relieve either by yourself or by employer from service by serving notice period.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

1. As per rule of EPFO you have to wait for two years that is upto age of 58 to get superannuation pension.

2. Early relieving is legal and also it's choice of employee to join again on lesser pay grade or not. 

3. Still you can try to file writ petition against against EPFO office for early benefit of superannuation pension scheme if employee retired before attaining age of 58.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Hi,

The activities of the employer is not ethical but many of them are doing like this. You may proceed against him but requires constant efforts and time taking work.

Ganesh Singh
Advocate, New Delhi
6760 Answers
16 Consultations

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