Sub : Implementation of EPS 1995 – Pensionary Benefits to EPF Members who had not opted for EFPS 1971 Scheme – Reg
By Badrinath Vasandi
ension under EPS-1995 : Reproduced below is an important letter for reference as our number of cases are yet lying undecided. In terms of para -4 (A) it seems that the employees of EPF 1952 who had not opted for EFPS 1971 w.e.f. 1.3.1971 onward and upto 15.1..1995 but retired on or after 1.4.1993 can opt toEPS 1995 Scheme by remitting the required contribution for the period together with interest @ 8.5% PA tro become member of EPS 1995 w.e.f. 16.11.1995, as contemplated under para 17 (3) of EPS 1995
080 – 22230059 e-mail : firstname.lastname@example.org
Tel/Fax : 080-22273991 EPF Organisation
(Ministry of Labour, Govt. of India), Karnataka Region
“Bhavishyanidhi Bhavan”, # 13, Raja Rammohan Roy Road,
P.B. No. 2584, Bangalore – 560 025.
No. KN/PF/Pen-I/164/2007. Dated : 22nd March 2007
The Convener Cum Gen. Secretary,
All India Non-Pensioned Cum Senior
Citizens Retirees’ Association,
466, 5th ‘B’ Main, 5th Cross,
2nd Block, H.R.B.R. Layout,
Kalyan Nagar, Bangalore – 43.
Sub : Implementation of EPS 1995 – Pensionary Benefits to EPF Members who had not opted for EFPS 1971 Scheme – Reg.
Please refer to your letter dated 9-2-07
2. Employees’ Provident Fund Miscellaneous Provisions Act, 1952 has been amended through an ordinance (13 of 1995) to institute Employees’ Pension Scheme for the Provident Fund subscribers. The ordinance has been replaced by the Employees’ Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 (25th of 1996 dated 16-8-1996) by the Parliament
3. The Scheme has come into effect from 16-11-95. However, the commencement of this Scheme is from 1-4-93 in respect of certain category of employees.
4. Clarification on the points raised by you are as follows:
A. The Employees’ of EPF 1952 who had not opted for EFPS 1971 w.e.f. 1-3-1971 onwards and upto 15-11-1995 but retired earlier to 1-4-1993 cannot opt tp EPS 1995 Scheme by remitting the required contributions for the period together with interest @ 8.5% PA to become members of EPS 1995 w.e.f. 16-11-1995, as contemplated under Para 17 (3) of EPS 1995.
B. Please note that immediately after the Gazette Notification of the Scheme, there was vide spread media coverage of the Implementation of the new Scheme in the Newspapers and other Medias. We have also organized a series of Seminars all over the country to enlighten the employers as well as employees. Besides that our Officers have been addressing the trade gatherings, industry association etc., regarding the salient features of the Scheme as and when they request. However, no individual instructions were issued to Public Sector Undertakings and Private Sectors to whom Employees’ Provident Fund 1952 Scheme applies, as it is not possible to individually addresses all employees as and when there is any change in the legal Provisions.
C. The amendment of the Employees’ Provident Fund & Miscellaneous Provisions Act, the formulation of Employees’ Pension Scheme, 1995, ncluding the eligibility criteria laid down therein, date of commencement of the Scheme etc., are all done with parliamentary approval as per the normal process of legislation. As such as per the existing legal Provisions, the benefit of Employees’ Pension Scheme 1995 cannot be extended to all retired employees of Employees’ Provident Fund 1952.
Regional PF COMMISSIONER (P)
Regional Office, Bangalore.