NEW DELHI: Though the Employees Provident Fund Organisation (EPFO) had actually asked EPS members who retired prior to September 1, 2014, to submit files revealing they selected higher pension while in service, and that it was declined by the retirement fund, experts mention that EPFO had actually terminated the facility between December 2004 and March 2017, which is most likely to make most of the applicants ineligible.A labour ministry declaration on March 4 stated EPFO got 91,259 online applications from pre-September 1, 2014, retirees till the deadline for submission of application.
This, it said, sticks to the arrangements of the Scheme and abide by the Supreme Court orders .
Nevertheless, Right to Information documents accessed by TOI reveal that EPFO had actually notified December 1, 2004, as the cut-off date for EPS members to choose in for higher pension.
Subsequently, the retirement fund agency stopped accepting companies contribution towards the pension fund.
EPFO also released a clarificatory circular on November 11, 2006, discontinuing acceptance of contributions on higher incomes in the pension fund.
As an outcome, EPS members who wanted to select greater pension, might not submit the joint choice under Para 11( 3) of EPS - the joint option for the higher pension - during their service.The cut-off date was consequently challenged in numerous high courts and the Supreme Court finally read down Para 11( 3) and considered the cut-off date as approximate in October 2016.
In result, EPFO rejected all applications for joint choice from December 1, 2004 to March 23, 2017, when it released a circular getting rid of the cut-off date in compliance with the pinnacle courts order.At the Central Board of Trustees 221st meeting in April 2018, EPFO also placed a status report before the Board, where it accepted that it had actually stopped providing EPS members (who retired prior to September 1, 2014) the chance to work out the choice to contribute on greater wages.Another EPFO circular of November 22, 2006, included, Option to contribute on a pay going beyond statutory limitation is readily available to a member ONLY under Para 26( 6) of the EPF Scheme, 1952 AND NOT UNDER PARA 11( 3) of EPS.
It also said Para 11( 3) clarifies the method of decision of pensionable salary only.Effectively, while EPFO says it has gotten over 90,000 applications opting in for higher pension, professionals state those who retired between December 1, 2004, and March 2017, might not have actually signed up for higher pension during their service tenure, since EPFO was not allowing such applications.As a result, lots of applicants have now applied with an endeavor to EPFO that because the facility was closed, EPFO is not warranted in seeking compliance under this stipulation, which the firm needs to deal with December 1, 2004, as the date of choosing in for all eligible persons who were contributing on higher earnings at the time.
The joint option form for EPS members who retired after September 1, 2014 remains available on the merged website and the last date for application has actually been extended to May 3.