(1) This Scheme may be called the Employees' Pension Scheme, 1995;

(2) (a) This Scheme shall come into force on 16th day of November, 1995;

(b) Subject to the provisions of this Scheme the employees have an option to become the members of the Scheme with effect from the 1st April, 1993;

(3) Subject to the provisions of Section 16 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, this Scheme shall apply to the employees of all factories and other establishments to which the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 applies or is applied under sub-section (3) or sub-section (4) of Section 1 or Section 3 thereof.

(1) In this Scheme unless the context otherwise requires,

(i) Act means the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952);

(ii) actual service means the aggregate of periods of service rendered from the 16th November, 1995 or from the date of joining any establishment whichever is later to the date of exit from the employment of the establishment covered under the Act;

(iii) Commissioner means a Commissioner for Employees' Provident Funds appointed under Section 5-D of the Act;

(iv) contributory service means the period of actual service rendered by a member for which the contributions to the fund have been received [or are receivable]2;

(v) eligible member means an employee who is eligible to join the Employees' Pension Scheme;

(vi) Existing Member means an existing employee who is a member of the Employees' Family Pension Scheme, 1971;

(vii) Family means

(i) wife in the case of male member of the Employees' Pension Fund;

(ii) husband in the case of a female member of the Employees' Pension Fund; and

(iii) sons and [* * *]3 daughters of a member of the Employees' Pension Fund;

Explanation. The expression sons and daughters shall include children [legally adopted by the member]4.

(viii) Pension means the pension payable under the Employees' Pension Scheme and also includes the family pension admissible and payable under the Employees' Family Pension Scheme, 1971 immediately preceding the commencement of the Employees' Pension Scheme, 1995 with effect from the 16th November, 1995;

(ix) Member means an employee who becomes a member of the Employees' Pension Fund in accordance with the provisions of this Scheme;

5[Explanation. An employee shall cease to be the member of Pension Fund from the date of attaining 58 years of age or from the date of vesting admissible benefits under the Scheme, whichever is earlier.]

(x) Non-Contributory Service is the period of actual service rendered by a member for which no contribution to the Employees' Pension Fund has been received [or are receivable]6;

(xi) orphan means a person, none of whose parents is alive [* * *]7;

(xii) past service means the period of service rendered by an existing member from the date of joining Employees' Family Pension Fund till the 15th November, 1995;

(xiii) Pay means basic wages, with dearness allowance, retaining allowance and cash value of food concessions admissible, if any;

(xiv) Pension Fund means the Employees' Pension Fund set up under sub-section (2) of Section 6-A of the Act;

(xv) pensionable service means the service rendered by the member for which contributions have been received [or are receivable]8;

9[(xvi) permanent total disablement means such disablement of permanent nature as incapacitates an employee for all work which he/she was capable of performing at the time of disablement, regardless whether such disablement is sustained in the course of employment or otherwise;]

(xvii) Table means Table appended to this Scheme;

(xviii) The words and expressions defined in the Act but not defined in this Scheme shall have the same meaning as assigned to them in the Act.

(1) From and out of the contributions payable by the employer in each month under Section 6 of the Act or under the rules of the Provident Fund of the establishment which is exempted either under clauses (a) and (b) of sub-section (1) of Section 17 of the Act or whose employees are exempted under either Paragraph 27 or Paragraph 27-A of the Employees' Provident Funds Scheme, 1952, a part of contribution representing 8.33 per cent of the employees' pay shall be remitted by the employer to the Employees' Pension Fund within 15 days of the close of every month by a separate bank draft or cheque on account of the Employees' Pension Fund contribution in such manner as may be specified in this behalf by the Commissioner. The cost of the remittance, if any, shall be borne by the employer.

(2) The Central Government shall also contribute at the rate of 1.16 per cent of the pay of the members of the Employees' Pension Scheme and credit the contribution to the Employees' Pension Fund:

Provided that where the pay of the member exceeds 10[fifteen thousand rupees] per month the contribution payable by the employer and the Central Government be limited to the amount payable on his pay of 11[fifteen thousand rupees] only.

(3) Each contribution payable under sub-paragraphs (1) and (2) shall be calculated to the nearest rupee, fifty paise or more to be counted as the next higher rupee and fraction of a rupee less than fifty paise to be ignored.

(4) The net assets of the Family Pension Scheme, 1971 shall vest in and stand transferred to the Employees' Pension Fund.

(1) The employer shall pay the contribution payable to the Employees' Pension Fund in respect of 12[each member] of the Employees' Pension Fund employed by him directly or by or through a contractor.

(2) It shall be the responsibility of the principal employer to pay the contributions payable to the Employees' Pension Fund by himself in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor:

13[Provided that the Central Government shall pay the contribution payable to the Employees' Pension Fund in respect of an employee who is a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) and under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) respectively, up to a maximum period of three years from the date of commencement of membership of the Fund.]

14[(1) Where a employer makes default in the payment of any contribution to the Employees' Pension Fund, or in the payment of any charges payable under any other provisions of the Act or the Scheme, the Central Provident Fund Commissioner or such officer as may be authorised by the Central Government by notification in the Official Gazette in this behalf, may recover from the employer by way of penalty, damages at the rates given in the table below:

TABLE

(2) The damages shall be calculated to the nearest rupee, 50 paise or more to be counted as the nearest higher rupee and fraction of a rupee less than 50 paise to be ignored.

15[Subject to sub-paragraph (3) of Paragraph 1, the Scheme shall apply to every employee,

(a) who on or after the 16th November, 1995, becomes a member of the Employees' Provident Fund Scheme, 1952 or of the Provident Funds of the Factories and other establishments exempted by the appropriate Government under Section 17 of the Act, or in whose case exemption has been granted under Paragraph 27 or 27-A of the Employees' Provident Fund Scheme, 1952 16[and whose pay on such date is less than or equal to fifteen thousand rupees], from the date of such membership;

(b) who has been a member of the ceased Employees' Family Pension Scheme, 1971 before the commencement of this Scheme from 16th November, 1995;

(c) who ceased to be a member of the Employees' Family Pension Scheme, 1971 between 1st April, 1993 and 15th November, 1995 and opts to exercise his option under Paragraph 7;

(d) who has been a member of the Employees' Provident Funds or of Provident Funds of Factories and other establishments exempted by the appropriate Government under Section 17 of the Act or in whose case exemption has been granted under Paragraph 27 or 27-A of the Employees' Provident Fund Scheme, 1952, on 15th November, 1995 but not being a member of the ceased Employees' Family Pension Scheme, 1971 opts to exercise his option under Paragraph 7.]

17[6-A. Retention of membership. A member of the Employees' Pension Fund shall continue to be such member till he attains the age of 58 years or he avails the withdrawal benefit to which he is entitled under Para 14 of the Scheme, or dies, or the pension is vested in him in terms of Para 12 of the Scheme, whichever is earlier.]

18[(1) Members referred to under sub-para (c) of Paragraph 6 who have died between 1st April, 1993 and 15th November, 1995 shall be deemed to have exercised the option of joining the Scheme on the date of his death.

(2) Members referred to in sub-paragraph (c) of Paragraph 6 who are alive shall have the option to join the Scheme as per the provisions of Paragraph 17 from the date of exit from the employment.

(3) Members referred to in sub-paragraph (d) of Paragraph 6 shall have the option to join the Scheme as per the provisions of Paragraph 17 from 16th November, 1995.]

If any doubt arises whether an employee is entitled to become a member of the Employees' Pension Fund, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:

Provided that both the employer and the employee shall be heard before passing final order in the matter.

The eligible service shall be determined as follows:

(a) In the case of New entrant the 19[contributory service] shall be treated as eligible service. The total actual service shall be rounded off to the nearest year. The fraction of service for six months or more shall be treated as one year and the service less than six months shall be ignored.

Explanation. In the case of employees employed seasonally in any establishment the period of actual service in any year, notwithstanding that such service is less than a year shall be treated as a full year.

(b) In the case of the existing member the aggregate of actual service and the past service shall be treated as eligible service:

Provided that if there is any period in the past service for which the contributions towards the Family Pension Scheme, 1971 has not been received, the said period shall count as eligible service only if the contributions thereof have been received in the Employees' Pension Fund.

20[Explanation. For the purpose of this sub-paragraph, the aggregate of 21[contributory service] and past service for less than six months shall be ignored and six months and above shall be rounded off to a year.]

(1) The pensionable service of the member shall be determined with reference to the contributions received [or receivable]22 on his behalf in the Employees' Pension Fund.

(2) In the case of the member who superannuates on attaining the age of 58 years 23[and] who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years.

24[(1) The pensionable salary shall be the average monthly pay drawn in any manner including on peace rate basis during contributory period of service in the span of sixty months preceding the date of exit from the membership of the Pension Fund and the pensionable salary shall be determined on pro-rata basis for the pensionable service up to the 1st day of September, 2014, subject to a maximum of six thousand and five hundred rupees per month and for the period thereafter at the maximum of fifteen thousand rupees per month:

Provided that if a member was not in receipt of full pay during the period of sixty months preceding the day he ceased to be the member of the Pension Fund, the average of previous sixty months full pay drawn by him during the period for which contribution to the pension fund was recovered, shall be taken into account as pensionable salary for calculating pension.]

(2) If during the said span of 25[sixty months] there are non-contributory periods of service including cases where the member has drawn salary for a part of the month, the total wages during the 26[sixty months] span shall be divided by the actual number of days for which salary has been drawn and the amount so derived shall be multiplied by 30 to work out the average monthly pay.

(3) The maximum pensionable salary shall be limited to 27[fifteen thousand rupees] per month:

28[* * *]

29[(4) The existing members as on the 1st day of September, 2014, who at the option of the employer and employee, had been contributing on salary exceeding six thousand and live hundred rupees per month, may on a fresh option to be exercised jointly by the employer and employee continue to contribute on salary exceeding fifteen thousand rupees per month 30[and the pensionable salary for the existing members who prefer such fresh option shall be based on the higher salary:

Provided that the aforesaid members have to contribute at the rate of 1.16 per cent on salary exceeding fifteen thousand rupees as an additional contribution from and out of the contributions payable by the employees for each month under the provisions of the Act or the rules made thereunder:

Provided further that the fresh option shall be exercised by the member within a period of six months from the 1st day of September, 2014:

Provided also that the period specified in the second proviso may, on sufficient cause being shown by the member, be extended by the Regional Provident Fund Commissioner for a further period not exceeding six months:

Provided also that if no option is exercised by the member within such period (including the extended period), it shall be deemed that the member has not opted for contribution over wage ceiling and the contributions to the Pension Fund made over the wage ceiling in respect of the member shall be diverted to the Provident Fund account of the member along with interest as declared under the Employees' Provident Fund Scheme from time to time.]

31[(1) A member shall be entitled to:

(a) superannuation pension if he has rendered eligible service of 10 years or more and retires on attaining the age of 58 years;

(b) early pension, if he has rendered eligible service of 10 years or more and retires or otherwise ceases to be in the employment before attaining the age of 58 years.

(2) In the case of a new entrant, the amount of monthly superannuation pension or early pension, as the case may be, shall be computed in accordance with the following factors, namely:

Pensionable salary Pensionable service

Monthly member's pension = :

70

32[Provided that the members' monthly pension shall be determined on a pro-rata basis for the pensionable service up to the 1st day of September, 2014 at the maximum pensionable salary of six thousand and five hundred rupees per month and for the period thereafter at the maximum pensionable salary of fifteen thousand rupees per month.]

(3) In the case of an existing member in respect of whom the date of commencement of pension is after the 16th November, 2005,

(i) superannuation or early pension shall be equal to the aggregate of:

(a) pension as determined under sub-paragraph (2) for the period of pensionable service rendered from the 16th November, 1995 or Rs 635 per month whichever is more;

(b) past service pension shall be as given below:

The past service pension payable on completion of 58 years of age on the 16th November, 1995.

The amount under column (2) or column (3) above, as the case may be, shall be multiplied by the factor given in Table B corresponding to the period between the 16th November, 1995 and the date of exit to arrive at past service pension payable.

(ii) The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs 800 per month, provided the eligible service is 24 years. Provided further, it if is less than 24 years, the pension as computed above shall be reduced proportionately subject to a minimum of Rs 450 per month.

(4) In the case of an existing member and in respect of whom the date of commencement of pension is between the 16th November, 2000 and the 16th November, 2005,

(i) superannuation or early pension shall be equal to the aggregate of:

(a) pension as determined under sub-paragraph (2) for the period of service rendered from the 16th November, 1995 or Rs 438 per month whichever is more;

(b) past service pension as provided in sub-paragraph (3).

(ii) The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs 600 per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years the pension shall be proportionately less subject to the minimum of Rs 325 per month.

(5) In the case of an existing member and in respect of whom the date of commencement of pension is before the 16th November, 2000,

(i) the superannuation or early pension shall be equal to the aggregate of:

(a) pension as determined under sub-paragraph (2) for the period of service rendered from the 16th November, 1995 or Rs 335 per month whichever is more.

(b) past service pension as provided in sub-paragraph (3).

(ii) The aggregate of (a) and (b) calculated as above shall be subject to the minimum of Rs 500 per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years the pension shall be proportionately lesser but subject to the minimum of Rs 265 per month.

(6) Except as otherwise expressly provided hereinafter, the monthly member's pension under sub-paragraphs (2) to (5) mentioned hereinabove, as the case may be, shall be payable from a date immediately following the date of completion of 58 years of age notwithstanding that the member has retired or ceased to be in the employment before that date.

(7) A member, if he so desires, may be allowed to draw an early pension from a date earlier than 58 years of age but not earlier than 50 years of age. In such cases, the amount of pension shall be reduced at the rate of 33[four per cent], for every year the age falls short of 58 years.]

34[(7-A) The monthly member's pension including any relief payable to any existing or future member under this paragraph shall not be less than one thousand rupees 35[* * *]:]

36[Provided that, on and from the 1st day of September, 2014, the minimum pension of one thousand rupees payable under this sub-paragraph shall be subject to

(i) deductions on account of benefits of commutation and return of capital taken by members under the extent provisions of this scheme prior to 26th September, 2008; and

(ii) deductions on account of early pension under sub-paragraph (7).]

37[(7-B) (a) A member who has attained the age of fifty-eight years and is otherwise eligible for pension under clause (a) of sub-paragraph (1) of this paragraph, if he so desires, may be allowed to defer the age of drawing pension later than fifty-eight years but not beyond sixty years of age.

(b) In such cases as is referred to in clause (a),

(i) the amount of pension shall be increased at the rate of four per cent for every completed year after the age of fifty-eight years which shall be restricted to the wage ceiling given under the proviso to sub-paragraph (2) of Paragraph 3;

(ii) the member, at his or her option, may also be allowed to continue contributions under Paragraph 3 to the Employees' Pension Fund for the period for which the drawal of pension has been deferred, if the member is continuing in employment after the age of fifty-eight years, and the pensionable service and pensionable salary for the purpose of determination of pension under sub-paragraph (2) will be reckoned taking into account the period for which contributions were made after the age of fifty-eight years but not beyond the age of sixty years;

(iii) in the event of death of the member, who has opted for deferring the age of drawing pension under this sub-paragraph, after attaining the age of fifty-eight years and before the commencement of the pension so deferred, the family of the member will be entitled to pension under clause (c) of sub-paragraph (1) of Paragraph 16 from the date following the date of death of the member as if the member monthly pension had commenced on the date of death of the member.]

(8) If a member ceases to be in the employment by way of retirement or otherwise earlier than the date of superannuation from which pension can be drawn, the member may, on his option, either be paid pension as admissible under this Scheme on attaining the age exceeding 50 years or he may be issued a scheme certificate by the Commissioner indicating the pensionable service, the pensionable salary and the amount of pension due on the date of exit from the employment. If he/she is subsequently employed in an establishment coverable under this Scheme, his/her earlier service as per the scheme certificate shall be reckoned for pension along with the fresh spell of pensionable service. The member postponing the commencement of payment of pension under this paragraph shall also be entitled to additional relief sanctioned under this Scheme from time to time:

38[Provided that if the member does not take up an employment coverable under this Scheme and has rendered less than ten years eligible service on the date of exit, but dies before attaining the age of fifty-eight years and before a continuous period of thirty-six months has elapsed during which contributions have not been received in respect of the member in the Pension Fund, the amount of contributions received in his case shall be converted into a monthly widow pension or children pension and the widow pension in such cases shall be calculated at the scale laid down in Table C and the children pension at 25 per cent thereof for each child (up to two):

Provided further that if there is no widow, then the orphan pension shall be payable at the rate of 75 per cent of the amount which would have been payable as a widow pension subject to the provisions of the Paragraph 16:

Provided also that if the member does not take up an employment coverable under this Scheme and has rendered less than ten years eligible service on the date of exit, but dies before attaining the age of fifty-eight years after a continuous period of thirty-six months has elapsed during which contributions have not been received in respect of the member in the Pension Fund, the family shall be entitled to benefits under Paragraph 14.]

12-A. Option for Commutation. 39[* * *]

40[12-B. Restoration to normal pension in cases of grant of commutation. The normal pension in respect of those members who availed the benefit of commutation of pension under the erstwhile Paragraph 12-A of this Scheme, on or before the 25th day of September, 2008, shall be restored after completion of fifteen years from the date of such commutation.]

41[* * *]

42[If a member has not rendered the eligible service specified in sub-paragraph (1) of Paragraph 12 on the date of exit, or on attaining the 58 years of age, whichever is earlier, such member shall be entitled to a withdrawal benefit as laid down in Table D or may opt to receive the Scheme certificate provided on the date he has not attained 58 years of age:

Provided that for calculating such withdrawal benefit, the wages at exit shall be the weighted average of his wages at the end of every wage ceiling period:

Provided further that an existing member shall receive additional return of contributions for his past service under the Employees' Family Pension Scheme, 1971, computed as withdrawal-cum-retirement benefits as per Table A multiplied by the factor given in Table B .]

(1) A member, who is permanently and totally disabled during the employment shall be entitled to pension as admissible under 43[Paragraph 12] subject to a minimum of Rs 250 per month notwithstanding the fact that he/she has not rendered the pensionable service entitling him/her to pension under Paragraph 12 provided that he/she has made at least one month's contribution to the Pension Fund.

(2) The monthly member's pension in such cases shall be payable from the date following the date of permanent total disablement and shall be tenable for the lifetime of the member.

(3) A member applying for benefits under this paragraph shall be required to undergo such medical examination as may be prescribed by the Central Board to determine whether or not he or she is permanently and totally unfit for the employment which he or she was doing at the time of such disablement.

(1) [Pension to the Family]44 shall be admissible from the date following the date of death of the member if the member dies

(a) while in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund; or

(b) after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly member's pension but [before the commencement of pension payment; or]45

(c) after commencement of payment of the monthly member's pension.

Note. The cases where a member has rendered less than 10 years' eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of Paragraph 12.

(2) (a) The monthly widow pension shall be

(i) in the cases covered by clause (a) of sub-paragraph (1) equal to the monthly member's pension which, would have been admissible as if the member had retired on the date of death or Rs 450 or the amount indicated in Table C whichever is more;

(ii) in the cases covered by clause (b) of sub-paragraph (1) equal to the monthly member's pension which would have been admissible as if the member had retired on the date of exit or Rs [450]46 per month or the amount indicated in Table C whichever is more;

(iii) in the cases covered by clause (c) of sub-paragraph (1), equal to 50 per cent of the monthly member's pension payable to the member on the date of his death subject to a minimum of Rs [450]47 per month;

48[(iv) in all the cases, where the amount of family pension sanctioned under the Ceased Family Pension Scheme, 1971 and is paid/payable under this Scheme is less than Rs 450 per month, the amount of family pension in such cases shall be enhanced to Rs 450 per month.]

49[(v) in all the cases, where the monthly widow pension including relief, if any, is less than one thousand rupees per month, the amount of monthly widow pension in such cases shall be enhanced to one thousand rupees per month 50[* * *],]

(b) The monthly widow pension shall be payable up to the date of death of the widow or remarriage whichever is earlier.

Note. In cases where there are 2 or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term eldest would mean seniority with reference to the date of marriage.

(3) Monthly children pension:

(a) If there are any surviving children of the deceased member, falling within the definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow/widower pension.

51[(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow of the deceased member as monthly widow pension payable under clause (a) of sub-paragraph (2):

Provided that the minimum monthly children pension including relief, if any, for each child of the deceased member shall not be less than two hundred and fifty rupees per month 52[* * *].]

53[(c) Monthly children pension shall be payable until the child attains the age of 25 years.]

(d) The monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.

54[(e) If a member dies leaving behind a family having son or daughter who is permanently and totally disabled, such son or daughter shall be entitled to payment of monthly children pension or orphan pension, as the case may be, irrespective of age and number of children in the family in addition to the pension provided under clause (d).]

(4) 55[(a) If the deceased member is not survived by any widow, but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under clause (a) of sub-paragraph (2):

Provided that the minimum monthly orphan pension including relief, if any, for each orphan shall not be less than seven hundred and fifty rupees per month 56[* * *].]

(b) In the event of death or remarriage of the widow/widower after sanctioning of widow/widower pension the children shall be entitled in lieu of the monthly children pension, to a monthly orphan pension from the date following the date of death/remarriage of the widow/widower.

57[(c) The monthly orphan pension shall be admissible to a maximum of two orphans at a time and shall run in order from the oldest to the youngest orphan.]

CIRCULARS

Bhavishya Nidhi Bhavan, 14-Bhikaji Cama Place, New Delhi-110 066

No. FP. 3(40)/97/AP/Vol. II/34033, Dated 5 August, 2003

To,

All the Regional Provident Fund Commissioners/

Officer-in-Charge of Sub-Regional Offices/

Sub-Account Offices

Sir,

Paragraph 16(4)(a) of EPS 1995 provides that if the deceased member is not survived by any widow but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under sub-paragraph 2(a)(i) provided that minimum orphan pension for each orphan shall not be less than Rs 250 per month.

However, there is no specific provisions in the EPS 1995 for grant of double orphan pension in cases where both the parents were independent members of the EPS 1995. Therefore, operational problems arose in the EPFO and references were received from Field Offices for necessary guidelines in such cases. Accordingly, the matter was referred to Government for guidance. The Government has examined the issue in consultation with Ministry of Finance and has conveyed their approval vide their letter NO. R/15011/7/1999-SS. II, dated 22 July, 2003 as under:

The benefit under the scheme is a direct consequence of the contributions paid by the member of EPS 195, hence, if both parents were members and have contributed independently to the said scheme, the orphan will be eligible to two pensions separately. The normal ceiling as provided for in the EPS 1995 shall however, continue to apply .

You are, therefore, requested to regulate such cases accordingly.

Yours faithfully,

(Sd.)

(M. Vijaya Raj)

Regional Provident Fund Commissioner (Pension)

(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 herinafter 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).

58[(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 dependant father or dependant 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 lifelong.]

(b) If the deceased member had not rendered pensionable service on the date of exit from the employment which would have made him entitled to a monthly member's pension under Paragraph 12, but had opted to retain the membership of this Scheme under sub-paragraph (8) of Paragraph 12, the nominee 59[or the dependant father or the dependant mother, as the case may be,] shall be entitled to 60[a withdrawal benefit as provided in Paragraph 14].

61[16-A. Guarantee of Pensionary Benefits. None of the pensionary benefits under this Scheme shall be denied to any member of beneficiary for want of compliance of the requirements by the employer under sub-paragraph (1) of Paragraph 3 provided, however, that the employer shall not be absolved of his liabilities under the Scheme.]

62[(1) Beneficiaries of the deceased members of Employees' Family Pension Scheme, referred to in sub-para (1) of Paragraph 7, shall receive higher of the benefits available under the Employees' Family Pension Scheme, 1971 and under this Scheme.

(2) Members referred to in sub-paragraph (2) of Paragraph 7, shall have the option to join this Scheme by returning the amount of withdrawal benefit received, if any, together with interest at the rate of 8.5 per cent per annum from the date of payment of such withdrawal benefit and date of exercise of the option, to receive monthly pension as per the provisions of this Scheme.

(3) Members referred to in sub-paragraph (3) of Paragraph 7 shall be deemed to have joined the ceased Employees' Family Pension Scheme, 1971, with effect from 1-3-1971 on remittance of past period contribution with interest thereon.]

63[17-A. Payment of Pension. The claims, complete in all respects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within 64[twenty days] from the date of its receipt by the Commissioner. If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within 65[twenty days] from the date of receipt of such application. In case the Commissioner fails without sufficient cause to settle a claim complete in all respects within 66[twenty days], the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12 per cent per annum may be charged on the benefit amount and the same may be deducted from the salary of the Commissioner.]

Every person who is entitled to become a member of the Employees' Pension Fund shall be asked forthwith by his employer to furnish and that person shall, on such demand, furnish to him for communication to the Commissioner particulars concerning himself and his family in the form prescribed by the Central Provident Fund Commissioner.

The employer shall prepare an Employees' Pension Fund Contribution Card, in respect of each employee who has become a member of the Employees' Pension Fund.

(1) Every employer shall send to the Commissioner within three months of the commencement of this Scheme, a consolidated return of the employees entitled to become members of the Employees' Pension Fund showing the basic wage, retaining allowance, if any, and dearness allowance including the cash value of any food concession paid to each of such employees:

Provided that if there is no employee who is entitled to become a member of the Employees' Pension Fund, the employer shall send a NIL return.

(2) Every employer shall send to the Commissioner within fifteen days of the close of each month a return in respect of the employees leaving service of the employer during the preceding month:

Provided that if there is no employee leaving service of the employer during the preceding month the employer shall send a NIL return.

(3) Every employer shall maintain such accounts in relation to the amounts contributed by him to the Employees' Pension Fund as the Central Board may, from time to time, direct and it shall be the duty of every employer to assist the Central Board in making such payments from the Employees' Pension Fund to his employees as are sanctioned by or under the authority of the Central Board.

(4) Notwithstanding anything contained in this paragraph, the Central Board may issue such directions to the employers generally, as it may consider necessary or expedient, for the purpose of implementing the Scheme, and it shall be the duty of every employer to carry out such directions.

67[(5) Every employer shall send to the Commissioner, an electronic format of the returns referred to in sub-paragraphs (1) and (2), in such form and manner as may be specified by the Commissioner.]

Every employer in relation to a factory or other establishment to which the Act applies or is applied hereafter shall furnish to the Commissioner particulars of all the branches and departments, owners, occupiers, directors, partners, managers or any other person or persons who have the ultimate control over the affairs of such factory or establishment and also send intimation of any change in such particulars, within fifteen days of such change, to the Commissioner by registered post.

Every contractor shall, within seven days of the close of every month, submit to the principal employer a statement showing the particulars in respect of employees employed by or through him in respect of whom contributions to the Employees' Pension Fund are payable and shall also furnish to him such information as the principal employer is required to furnish under the provisions of this Scheme to the Commissioner.

(1) For purposes of this Scheme, where the member has already been allotted or is allotted hereafter an account number under the Employees' Pension Fund Scheme, 1952, he shall retain the same account number.

(2) In the case of employees of the establishments exempted from the Employees' Pension Fund Scheme, 1952, under Section 17 of the Act, who are members of the Employees' Family Pension Fund the account number already allotted shall be retained by them.

(3) In the case of employees of the establishments exempted from the Employees' Pension Fund Scheme, 1952, under Section 17 of the Act, who are not members of the Employees' Family Pension Fund but opt to become members of the Employees' Pension Fund and in case of new employees of such establishments, fresh account numbers shall be allotted by the Commissioner.

The employer shall before taking any person into employment, ask him/her to state in writing whether or not he is a member of the Employees' Pension Fund and, if he/she is, also ask him/her to furnish a copy of the scheme certificate issued by the Commissioner to him/her in respect of the past employment in terms of Paragraph 12 as the case may be. If the person concerned was not in employment previously or had availed of return of contribution in respect of his/her previous employment, he/she shall, on demand by the employer, furnish to him, for communication to the Commissioner particulars concerning him/herself and his/her family in the form prescribed by the Central Provident Fund Commissioner:

68[Provided that if such person is a person with disability, the aforesaid Form shall further contain such particulars as are necessary for such person.]

The account called the Employees' Pension Fund Account shall be opened by the Commissioner in such manner as may be specified by the Central Board with the approval of Central Government.

(1) All moneys accruing to Employees' Pension Fund Account except the contributions of the Central Government shall be invested in accordance with the provisions of Paragraph 52 of the Employees' Provident Funds Scheme, 1952.

(2) Net assets of the Family Pension Fund as on November 16, 1995 shall merge in the Pension Fund and remain invested in the Public Account of the Government of India. The future Central Government's contribution accruing to the Pension Fund from 17th November, 1995 onwards shall also be invested in the Public Account of the Government of India.

(1) Subject to the provisions of the Act and this Scheme, the Fund shall not, except with the prior sanction of the Central Government, be expended for any purpose other than the payments envisaged in this Scheme; for continued payment of Family Pension, life assurance benefit and retirement-cum-withdrawal benefits sanctioned under the Employees' Family Pension Scheme, 1971, prior to the date of introduction of this Scheme or which may be sanctioned under that Scheme after the 16th November, 1995 in respect of cases arising before that date.

69[(2) All administrative expenses shall be met from the Central Administration Account as specified in Paragraph 49 of the Employees' Provident Funds Scheme, 1952. However, the cost of remittance of Pension shall be charged on the Pension Fund.]

70[* * *]

71[The Central Board shall maintain a consolidated income and expenditure account as well as a consolidated balance sheet in respect of the Pension Scheme, in the common format of annual accounts, approved by the Central Government.]

The accounts of the Employees' Pension Fund including the administrative expenses incurred in running this Scheme shall be audited in accordance with the instructions issued by the Central Government in consultation with Comptroller and Auditor-General of India.

All items of benefits shall be calculated to the nearest rupee, 50 paise or more to be counted as the next higher rupee and fraction of a rupee less than 50 paise shall be ignored.

72[(1) The Central Government shall have an annual valuation of the Employees' Pension Fund made by a valuer appointed by it:]

Provided that it shall be open to the Central Government to direct a valuation to be made at such other times as it may consider necessary.

(2) At any time, when the Employees' Pension Fund so permits, the Central Government may alter the rate of contributions payable under this Scheme or the scale of any benefit admissible under this Scheme or the period for which such benefit may be given.

73[(1) The Commissioner shall, with the approval of the Central Board, enter into arrangement for the disbursement of pension and other benefits under this Scheme with disbursing agencies like post office or nationalised banks or Treasuries or scheduled commercial banks including regional rural banks or co-operative banks through electronic or digital funds transfer system.

(2) The Commission payable to the disbursing agencies and other charges incidental thereto shall be met as provided in Paragraph 27 of the Scheme.]

The Commissioner shall, with the approval of the Central Board, prescribe the registers and records to be maintained in respect of the employees, the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or a member of a family entitled to receive the pension and such other forms/formalities as have to be completed in connection with the grant of pension and other benefits or for the continuance thereof subject to such periodical verification as may be considered necessary.

The Central Government may issue such directions as may be deemed just and proper by it for resolving any difficulty in the disbursement of pension and other benefits or for resolving any difficulty in implementation of this Scheme.

The Regional Committee set up under Paragraph 4 of the Employees' Provident Funds Scheme, 1952, shall advise the Central Board, on such matters, in relation to the administration of this Scheme as the Central Board may refer to it from time to time and in particular, on

(a) progress of recovery of contributions under this Scheme both from factories and establishments exempted under Section 17 of the Act and other factories and establishments covered under the Act,

(b) expeditious disposal of prosecutions,

(c) speedy settlement of claims relating to pension and other benefits under this Scheme.

The Central Board shall cause to be included in the Annual Report on the working of the Scheme prepared under Paragraph 74 of the Employees' Provident Funds Scheme, 1952, a report on the working of this Scheme during the previous financial year.

In regard to matters for which either there is no provision or there is inadequate provision in this Scheme the corresponding provisions in the Employees' Provident Funds Scheme, 1952, shall apply.

74[The appropriate Government may grant exemption to any establishment or class of establishments from the operation of this Scheme, if the employees of the establishments are either members of any other Pension Scheme or propose to be members of a Pension Scheme wherein the pensionary benefits are at par or more favourable than the benefits provided under this Scheme. Where exemption is granted to any establishment or class of establishments under this paragraph, withdrawal benefits available to the credit of the employees of such establishment(s) under the ceased Family Pension Scheme, 1971 shall be paid, subject to the consent of the employees, to the Pension Fund of the establishment(s) so exempted. An application for exemption under this paragraph shall be presented to the Regional Provident Fund Commissioner having jurisdiction by the establishment or class of establishments together with a copy of the Pension Scheme of the establishment(s) and other relevant documents as may be called for by him. On receipt of such an application, the Regional Provident Fund Commissioner shall scrutinise it, obtain the recommendations of the Central Provident Fund Commissioner and submit the same to the appropriate Government for decision. Pending disposal of application for exemption under this paragraph, employers' share of the contribution shall not be remitted to the Pension Fund as envisaged in sub-paragraph (1) of Paragraph 3. An application for exemption presented under this paragraph shall be disposed of within a period of six months from the date of its receipt or such further time as may be extended for reasons to be recorded in writing. If the application for exemption is not disposed of within the period so specified, the exemption applied for shall be deemed to have been granted.

Explanation. For the purpose of this paragraph, the period of six months will count from the date on which the application for exemption is given in complete form to the satisfaction of the Regional Provident Fund Commissioner.]

75[39-A. Submission of Return. The employer of the exempted establishment or class of establishments and/or the Board of Trustees of the exempted establishment or class of establishments shall submit a monthly return to the Commissioner in Form 1 76[and such return shall also be submitted in electronic format in such form and manner as may be specified by the Commissioner].]

77[39-B. Transfer Value. In case exemption is granted to any establishment or in the case of a member being transferred from pension fund of one exempted establishment to another pension fund of exempted establishment or statutory pension fund or vice versa, a transfer value payment will be made which will consist of the following:

(a) Withdrawal benefit relating to past service period up to 15-11-1995 as per Table A multiplied by Table B factor for the period between 16-11-1995 to the date of exemption/transfer,

(b) Transfer value for pensionable service as per Table E for the service rendered from 16-11-1995 or from the date of joining the establishment to the date of exemption/transfer as the case may be, and

(c) In the event of cancellation of exemption granted under Para 39, transfer of fund will be made as per the conditions mentioned in the exemption notification.]

The Central Board shall furnish such information to the Central Government from time to time in respect of the income and expenditure from the Employees' Pension Fund Account in such manner as may be directed by the Central Government.

Where any doubt arises with regard to the interpretation of the provisions of this Scheme, it shall be referred to the Central Government who shall decide the same.

If any person,

(a) deducts or attempts to deduct from the wages or other remuneration of the member, the whole or any part of the employers' contribution, or

(b) fails or refuses to submit any return, statement or other documents required by this Scheme or submits a false return, statement or other documents, or makes a false declaration, or

(c) obstructs any Inspector or other official appointed under the Act or this Scheme in the discharge of his duties or fails to produce any record for inspection by such Inspector or other officials, or

(d) is guilty of contravention of or non-compliance with any other requirement of this Scheme,

he shall be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.

(1) If a person, who in the event of the death of a member of the Pension Fund is eligible to receive pension of the deceased under Paragraph 12 or Paragraph 16, is charged with the offence of murdering the member or for abetting the commission of such an offence, his claims to receive pension shall remain suspended till the conclusion of the criminal proceedings instituted against him for such offence.

(2) If on the conclusion of the criminal proceedings referred to in sub-paragraph (1), the person concerned is

(a) convicted for the murder or abetting in the murder of the member, he shall be debarred from receiving pension which shall be payable to other eligible members if any, of the family of the member; or

(b) acquitted of the charge of murder or abetting the murder of the member, pension benefit shall be payable to him.

78[43-A. Special provisions in respect of International Workers. The Scheme, shall in its application to International Workers as defined in this paragraph, be subject to the following modifications, namely

(1) After clause (vii) of Paragraph 2, the following clause shall be inserted, namely

(viii-a) International Worker means,

(a) an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;

(b) an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies; :

79[Provided that the worker who is a Nepalese national on account of Treaty of Peace and Friendship of 1950 and the worker who is a Bhutanese national on account of India-Bhutan Friendship Treaty of 2007, shall be deemed to be an Indian worker.]

(2) 80[* * *]

(3) Sub-paragraphs (2), (3) and (4) of Paragraph 3 shall be omitted.

(4) Proviso to sub-paragraph (2) of Paragraph 4 shall be omitted.

81[(4-A) For Paragraph 9 of the principal Scheme, the following paragraph shall be substituted, namely

9. Determination of eligible service in respect of International Workers. The eligible service shall be determined as follows:

(i) in the case of the existing member or the new entrant , the actual service shall be treated as eligible service.

(ii) in the case of the member covered by a social security agreement, the period of coverage under relevant social security programme in another country shall be added to actual service and the aggregate thereof shall be treated as eligible service as may be provided in the social security agreement. ]

(5) 82[* * *]

(6) For Paragraph 11, the following paragraph shall be substituted, namely

11. Determination of pensionable salary. The pensionable salary shall be the average monthly pay drawn in any manner including on piece rate basis during the contributory period of service of the membership of the Employees' Pension Fund.

(7) For Paragraph 14, the following paragraph shall be substituted, namely

14. Benefits on leaving service before being eligible for monthly members' pension. An International Worker covered under a social security agreement entered into between India and another country who has not rendered the eligible service prescribed in Paragraph 9 on the date of exit, or on attaining the age of 58 years, whichever is earlier, shall be entitled to a totalization benefit as may be provided in the said social security agreement:

Provided that if the International Worker covered under the provisions of the said agreement has not rendered the eligible service even after including the totalisation benefit as may be provided in the said agreement, then, such international worker shall be entitled to a withdrawal benefit as laid down under Table D . .

(8) After Paragraph 33, the following proviso shall be inserted, namely

Provided that if the beneficiary under the Scheme is covered under a social security agreement between India and another country, the pension and other benefits under the scheme shall be disbursed in the manner and as per the terms and conditions specified in the said agreement. .

(9) After Paragraph 35, the following paragraph shall be inserted, namely

35-A. Performing certain functions under the social security agreement. The Commissioner shall perform all such functions as are assigned to the Employees' Provident Fund Organisation under a social security agreement entered into between the Government of India and any other country, in a manner and as per the terms and conditions specified therein. .]

83[43-B. Special provision in respect of Employees' Enrolment Campaign, 2017. The exceptions and modifications subject to which the provisions of this Scheme shall apply, in relation to the employees' whose membership have been declared under Paragraph 82-A of the Employees' Provident Funds Scheme, 1952, in accordance with the Employees' Enrolment Campaign, 2017, shall be as follows, namely

In Paragraph 5, in sub-paragraph (1), for the table, the following table shall be substituted, namely

(Applicable for remittances in respect of valid declarations under Employees' Enrolment Campaign, 2017)

(1) On commencement of this Scheme, the Employees' Family Pension Scheme, 1971, in force immediately before such commencement shall cease to operate with effect from the 16th November, 1995.

(2) Notwithstanding anything contained in sub-paragraph (1) every nomination made under the Employees' Family Pension Scheme, 1971, and every form regarding the details of family of an employee for the purposes of the Employees' Family Pension Scheme, 1971, shall be deemed to have been made under the provisions of this Scheme.

(3) All orders/authorisations/Pension Payment Orders issued under the Family Pension Scheme, 1971, shall be deemed to have been made under this Scheme.

84[TABLE B

(See Paragraphs 12 and 14)

Note. 87[* * *]

88[TABLE D

(See Paragraph 14)

Note. The above table is based on a flat addition in benefit.]

89[TABLE E

(See Paragraph 39-B)

(Transfer value of contribution from Employees' Pension Scheme, 1995 to exempted or other pension fund and vice-versa)

90[Form 1

[Paragraphs 33 & 61(1) of the Employees' Provident Funds Scheme, 1952 and Paragraph 18 of the Employees' Pension Scheme, 1995]

1. Name (in block letters)

2. Father's/Husband's Name

3. Date of Birth

4. Sex

5. Marital Status

6. Account No.

7. Address

Permanent

Temporary

8. (A) Date of Joining of EPF Scheme, 1952

(B) Date of Joining of EPF Scheme, 1971

(C) Date of Joining of EPF Scheme, 1995

PART A (EPF)

I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person(s), mentioned below to receive the amount standing to my credit in the Employees' Provident Fund, in the event of my death:

1. *Certified that I have no family as defined in Para 2(g) of the Employees' Provident Funds Scheme, 1952 and should I acquire a family hereafter the above nomination should be deemed as cancelled.

2. *Certified that my father/mother is/are dependant upon me.

*Strike out whichever is not applicable.

Signature or thumb-impression of the subscriber.

PART B (EPS)

(Para 18)

I hereby furnish below particulars of the members of my family who would be eligible to receive widow/children pension in the event of my death.

*Certified that I have no family as defined in Para 2(vii) of the Employees' Pension Scheme, 1995 and should I acquire a family hereafter I shall furnish particulars thereon in the above form.

I hereby nominate the following person for receiving the monthly widow pension admissible under Para 16(2)(a)(i) & (ii) in the event of my death without leaving any eligible family member for receiving pension.

Date:

*Strike out whichever is not applicable.

Signature or thumb-impression of the subscriber.

CERTIFICATE BY EMPLOYER

Certified that the above declaration and nomination has been signed/thumb-impressed before me by Shri/Smt/Km employed in my establishment after he/she has read the entries. The entries have been read over to him/her by me and got confirmed by him/her.

(For Exempted Establishments)

[Paragraph 20(1) of The Employees' Pension Scheme, 1995]

Code No. of the Estt

Name and address of Establishment Date of Coverage

Industry in which the Estt. is engaged Registration No. of the Estt

The information received in Form 5 (PS) in respect of the members leaving service shall be entered in this form by Commissioner specifying clearly the reason for leaving service.

Stamp of the Establishment

Note: This form should be accompanied by declaration in Form 2 by every employee mentioned in Column 3.

[See Paragraph 20]

THE EMPLOYEES' PENSION SCHEME, 1995

(For Exempted Establishments only)

Return of Employees entitled for membership of the Employees' Pension Fund during the month of 20

Name and Address of the Establishment

Code No. of the Establishment TN/

Note. An employee who has attained 58 years and/or for drawing Pension under the EPS-95 is not to be enrolled as a member.

[See Paragraph 20(2)]

THE EMPLOYEES' PENSION SCHEME, 1995

(For Exempted Establishments only)

Name and Address of the Establishment

Code No of me Establishment

Signature of the Employer

Stamp of the Establishment

Note An employee who has attained the age of 58 years will cease to be 3 member of die Scheme and entitled to receive the due benefit under the Employees' Pension Scheme. 1995.

[Paragraph 20 of The Employees' Pension Scheme, 1995]

(For Exempted Establishment only) Total No. of Employees . (ContractRestTotal)

Total No. of Subscribers

Name and Address of the Establishment

Currency period from 1st April, 20 to 31st March, 20

Code No. of the Establishment . Statutory Rate of Contribution 8.33% .

No. of Sub. as per last month's return .

Add. No. of New Subscribers vide Form 4 (PS) .

Less No. of Subscribers left service vide Form 5 (PS)

Signature of the Employer

(with official seal)

Net total:

(This should tally with the figures given in Col. 1)

Note: (1) If there is any substantial variation between the wages & contribution shown above and those shown in the last month's return, suitable explanation should be given in the Remarks column.

(2) If any arrears of contributions or damages are included in the figures under Column 4 suitable details indicating the circumstances, amount, No. of Subscribers and the period involved should be furnished in the Remarks column or on the reverse.

Date:

[Paragraph 19 of The Employees' Pension Scheme, 1995]

(For Exempted Establishment only)

(1) A/c. No

(2) Name (in block Capitals)

(3) Father's/Husband's Name

(4) Name & Address of the Establishment

(5) Statutory rate of contribution 6 %/8%

(6) Voluntary higher rate of employee's contribution, if any

(7) Date of Commencement of membership of the Family Pension Fund

Certified that the difference between the total contributions shown under Col. (3) and (4) of the above and that arrived at the total wages shown in Col. (2) at the prescribed rate is solely due to the rounding off of contribution to the nearest rupee under the rules.

Certified that the total amount of contributions indicated under Col. (3) + Col. (4) i.e. Rs . has already been remitted in full in F.P.F. Account No. 10 (Family Pension Fund Contribution).

Date ..20 .

Signature of employer

(Office Seal)

(For Exempted Establishments only)

[Paragraph 20 of The Employees' Pension Scheme, 1995]

Name & Address of the Establishment .

Code No. of the Establishment

Reconciliation of Remittances asTotalRs.Rs.

Sl. No.MonthPension Fund Contribution A/c No. 10

Note: (1) The names of all members, including those who had left service during the currency period should be included in this statement, where the Form 7 (PS) in respect of such members who had left service were already sent to the Regional office for the purpose of final settlement of their accounts, the fact should be stated against the members in the Remarks column above this Form 7 (PS) already sent in the month of .20

(2) In case of actual variation in the wages contributions of any members as required in lines shown in previous statement the reason should be explained adequately in the Remarks column.

(For Exempted Establishments only)

[Paragraph 24 of The Employees' Pension Scheme, 1995]

I .. S/o/W/o/Daughter of do hereby solemnly declare that:

(a) I was employed in M/s . (Name & Full address of the establishment) with PF A/c No . and left service on Prior to that, I was employed in with PF A/c No . from to .

(b) I am a member of the Pension Fund from . . to . . and copy of the Scheme Certificate is enclosed.

(c) I have/have not withdrawn the amount of my Provident Fund/Pension Fund.

(d) I have/have not drawn any benefits under the Employees' Pension Scheme, 1995 in respect of my past service, in any establishment.

(e) I have/have never been a member of any Provident Fund and/or Pension Fund.

Date ..

*Signature or left-hand thumb

impression of the employee.

Encl: Copy of Scheme Certificate.

(To be filled by the Employer)

(2) Copy of the Scheme Certificate is enclosed.

(3) Declaration & nomination in Form 2 is enclosed.

Dated:

Signature of the Employer or Manager or other Authorised Officer

Left-hand thumb-impression in the case of illiterate male member and right-hand thumb-impression by illiterate female member.

EMPLOYEES' PENSION SCHEME, 1995

ADVANCE STAMPED RECEIPT

[To be furnished only in case of (b) above]

Received a sum of Rs (Rupees . .) only from Regional Provident Fund Commissioner/Officer-in-charge of Sub-Regional Office . . by deposit in my Savings Bank Account towards the settlement of Pension Fund Account.

Certified that the particulars of the member given are correct and the member has signed/thumb-impressed before me.

The details of wages and period for non-contributory service of the member are as under:

(Form 3A/7 (FPS) enclosed for the period for which it was not sent to Employees' Provident Fund office)

Wages (Basic+D.A.) as on 15-11-95 (if applicable)

Wages as on the date of exit.

Period of Non-contributory Services

(FOR THE USE OF COMMISSIONER's OFFICE)

Under

Rs . . P.I. No . . . . M.O./Cheque

Passed for payments for Rs . . (In words) . . M.O. Commission (if any) . net amount to be paid by M.O . towards withdrawal benefit..

D.C S.S. . .A.A.O .

(FOR USE IN CASH SECTION)

Paid by inclusion Cheque No . . dt . . vide Cash Book (Bank) Account No. 10, Debit Item No ..

D.C .S.S. . .A.A.O A.P.F.C. (Cash.) ..

For issues of S.S.I.D.S. is enclosed.

D.C .S.S. . .A.A.O A.P.F.C. (A/cs.) ..

(FOR USE IN PENSION SECTION)

Scheme Certificate Bearing the control No. . . Issued No. .and entered in the Scheme Certificate Control Register.

D.C .S.S.. A.A.O A.P.F.C. (Pension) ..

EMPLOYEES' PENSION SCHEME, 1995

(Read INSTRUCTIONS91 before filling in this Form)

12. Particulars of Family

Note: If any child is physically handicapped, please indicate DISABLED below the name.

13. Date of death of Member (If applicable):

14. Details of Savings Bank Account opened:

(1) Name of the Bank

(2) Name of the Branch:

(3) Full Postal Address:

(4) Pin Code:

TO BE SUBMITTED IN DUPLICATE IN RESPECT OF EACH PERSON ELIGIBLE FOR PENSION

Descriptive roll of pensioner and his/her Specimen Signature/Thumb-impression.

(Only in the case of illiterate Claimant (Pensioner) Left-Hand Finger-Impression):

Certified that

(i) I am not drawing pension under Employees' Pension Scheme, 1995;

(ii) The particulars given in this application are true and correct.

Signature of the applicant/

Left hand thumb-impression.

(FOR OFFICE USE ONLY)

(PENSION SECTION/ACCOUNTS SECTION)

Certified that the particulars in the application have been verified with the relevant concerned documents. The claimant is eligible for pension. The Input Data Sheet is placed below for approval.

Entered in Form 9/Form 3 (PS) Master Ledger Card/Claim Inward Register.

Form 2(R) enclosed alongwith the documents furnished by the claimant.

FOR USE IN PENSION PRE-AUDIT CELL

The Input Data Sheet verified with reference to the application and the documents enclosed and found correct. P.P.O. may be generated through Computer.

FOR USE IN PENSION DISBURSEMENT SECTION

(TO BE FILLED BY THE EMPLOYER/AUTHORISED OFFICEROF THE ESTABLISHMENT)

Certified that:

(i) The particulars of the member are correct:

(ii) The particulars of Wages and Pension Contribution for the period of 12 months preceeding the date of leaving service are as under:

(In case, the wages is not earned for all 12 months, the block of 12 months will commence backwards from the last pay drawn.)

Encl:

1. Documents as given in the Instructions.

2. Form of descriptive roll and specimen signature.

Signature of Employer/Authorised Official

of the Estt. with Seal & Date.

Serial No. given below relates to the corresponding No. given in the application

1.By whom the pension is claimed?

Indicate any one of the following under Sl. No. 1

3. (a) to (e), 4 & 5

Please furnish the particulars relating to the member correctly.

6. Indicate the actual date of leaving service. This need not be filled by a member who has attained 58 years and continued to be in service. Indicate, Still in service .

7. If the reason for leaving service was on account of total and permanent disablement, as indicated by the establishment to the P.F. Office through Form 10, then only the member is entitled for Disablement Pension. In all other cases the actual reason for leaving service may be given. However, a member who continues in service beyond the age of 58 years may indicate still in service .

8. If the present address is temporary one, also indicate permanent address.

9. Sl. No. 9 is applicable only to a member of the Pension Scheme and not for his family. The applicant is eligible to commute upto a maximum of 1/3 of his pension so as to receive 100 times of the pension commuted. If a pensioner who is getting an original pension of Rs 600/- commutes 1/3rd of it, he will get Rs 20,000 as commuted value. The commutation will be effective only from 16-11-1998. The applicant may give his option for commutation in the application and this will be effective and paid only if the member-pensioner continues to draw his pension as on 16-11-1998.

On opting for commuted value of pension, the original pension mentioned for Return of Capital will be the balance of pension after commutation.

10. The member can give his option for Return of Capital. Option once exercised is final. He may choose any one of the following and indicate the No. shown under alternative against Sl. No. 10 of the application.

11. The member is required to furnish the details of his/her nominee for receiving the Return of Capital. A member can nominate his/her spouse or sons or daughters. A married member who is not survived by any member of his family (spouse/sons/daughters) and a bachelor/spinster may nominate a person of his/her choice to receive the Return of Capital/pension due if any, under Alternative 3 as per Serial Number 10 above.

12. This should be completed by the member. In his absence, by the spouse/children. The list of surviving family members of the Member, covering his spouse, all children should be furnished. The particulars of Guardian should be given in respect of each minor child, as on the date of application. In support of the age of children, age proof certificate obtained from the School or Registrar of Births-deaths or E.S.I. Record, or Municipal authorities should be enclosed. In the case of Guardian other than natural guardian, a Guardianship Certificate should be enclosed.

13. Applicable only in case the member is not alive. In support to the date of death, Death Certificate should be enclosed.

14. The details of Bank Savings Bank Account Number should be given.

In case the claim is preferred by spouse, he/she should give his/her Savings Bank Account Number and also separate Savings Bank Account Numbers. In respect of each child Savings Bank Account Numbers of children who are below the age of 25 years (as on date of death of the member) should be given. On behalf of minor child, Savings Bank Account opened in the name of minor and operated by the guardian of the minor and Account Number should be given.

Pension is payable through any branch of the Punjab National Bank/State Bank of India on the specified day of each month by credit to the Savings Bank Account of eligible pensioners. Hence, Savings Bank Account should be opened only in the said Bank. Necessary guidelines have been given to all branches of the bank to open a Savings Bank Account for the Pensioners. The applicant may approach any branch of the said bank to open the account. The member, spouse and children (minor or major) should necessarily open Savings Bank Account in the same branch of the Bank.

Whenever pension is opted from a place beyond the jurisdiction of the Region in which the member was last employed, he should ascertain the name of the designated bank applicable in that Region and open a Savings Bank Account therein.

On sanction of Pension, intimation will be sent to the pensioner to contact the bank.

14.(A) In case of death of the member before attaining 58 years without leaving any eligible family members to receive the pension, the nominee as appointed by the member through Form 2 (Revised) already sent to the P.F. Office may apply giving his particulars against this column.

15. In case the member was working in different establishments and obtained Scheme Certificate, the details should be furnished against this column. In case, no Scheme Certificate was received or not applied for the same, the details of past employment may be indicated in this column.

16. If the applicant is already receiving pension under Employees' Pension Scheme, 1995, the details should be furnished against the column.

17. List of documents to be enclosed and specified under Column No. 17:

(a) Descriptive role of pensioner and his/her specimen Signature/Thumb impression duplicate;

(b) 3 passport size photographs (if claimed by the member joint photo with spouse). If the pension is claimed by member, there is no need to send photograph of the children. If claimed by widow/widower, the photograph should be sent for widow/widower and his/her two children (below 25 years) separately. The photographs are to be attested by the employer or his authorised official, indicating the person to whom the photograph relates and also the P.F. Account Number of the member, written on the reverse and placed in a separate envelope.

(c) In the case of member, who is permanently and totally disabled during the employment, he/she should undergo a Medical Examination before the medical board as advised by the E.P.F. Office. However, the disablement should occur while in employment.

(d) The application should be forwarded through the establishment in which the member last served/died. The establishment should furnish the certificate and wage particulars duly attested by the authorised officer.

(e) Only if the establishment is closed, the application should be forwarded through the Magistrate/Gazetted Officer/Bank Manager/any other authorised officer as may be approved by the Commissioner.

Signature of the Employer

with Official Seal

1. Vide G.S.R. 748(E), dt. 16-11-1995, published in the Gaz. of India, Extra., Pt. II, S. 3(i), dt. 16-11-1995.

2. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

3. The word unmarried omitted by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

4. Subs. for the words adapted by the member legally before death in service by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

5. Ins. by G.S.R. 66, dt. 22-2-1999 (w.e.f. 6-3-1999).

6. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

7. The words and is in receipt of monthly Widow/Widower Pension omitted by ibid.

8. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

9. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

10. Subs. for Rupees six thousand and five hundred by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

11. Subs. for Rupees six thousand and five hundred by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

12. Subs. for the words the member by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

13. Ins. by G.S.R. 252(E), dt. 31-3-2008 (w.e.f. 1-4-2008).

14. Subs. by G.S.R. 688(E), dt. 26-9-2008 (w.e.f. 26-9-2008).

15. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

16. Ins. by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

17. Ins. by G.S.R. 66, dt. 22-2-1999 (w.e.f. 6-3-1999).

18. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

19. Subs. for actual service by G.S.R. 226(E), dt. 26-3-2015 (w.e.f. 26-3-2015).

20. Subs. by G.S.R. 594(E), dt. 21-8-2009 (w.e.f. 21-8-2009).

21. Subs. for actual service by G.S.R. 226(E), dt. 26-3-2015 (w.e.f. 26-3-2015).

22. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

23. Subs. for and/or by G.S.R. 546(E), dt. 23-7-2009 (w.e.f. 24-7-2009).

24. Subs. by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

25. Subs. for 12 months by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

26. Subs. for 12 months by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

27. Subs. for Rupees six thousand and five hundred by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

28. The Proviso omitted by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

29. Ins. by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

30. Ins. by G.S.R. 657(E), dt. 1-7-2016 (w.e.f. 1-7-2016).

31. Subs. by G.S.R. 431(E), dt. 15-6-2007 (w.r.e.f. 16-11-1995).

32. Ins. by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

33. Subs. for three per cent by G.S.R. 688(E), dt. 26-9-2008 (w.e.f. 26-9-2008).

34. Ins. by G.S.R. 593(E), dt. 19-8-2014 (w.e.f. 1-9-2014).

35. The words for the Financial Year 2014-15 omitted by G.S.R. 603(E), dt. 16-6-2016 (w.e.f. 1-4-2015).

36. Ins. by G.S.R. 603(E), dt. 16-6-2016 (w.e.f. 16-6-2016).

37. Ins. by G.S.R. 440(E), dt. 25-4-2016 (w.e.f. 25-4-2016).

38. Subs. by G.S.R. 533(E), dt. 19-5-2016 (w.e.f. 19-5-2016).

39. Paragraph 12-A omitted by G.S.R. 688(E). dt. 26-9-2008 (w.e.f. 26-9-2008). Prior to omission it read as: 12-A. Option for Commutation. A member eligible to pension may, in lieu of pension normally admissible under Paragraph 12, opt on completion of three years from the commencement of this Scheme, to commute up to a maximum of one-third of his pension so as to receive hundred times the monthly pension so commuted as commuted value of pension. Balance pension will be paid on monthly basis as per option exercised under Paragraph 13. Explanation. If for example, the normal pension under Paragraph 12 is Rs 600, and the pensioner opts to commute one-third of this monthly pension, the commuted value will be equal to 1/3 600 100 = Rs 20,000 and the same shall be paid at the time of exercise of option for commutation. The balance of pension payable on monthly basis is Rs 400.00.

40. Ins. by G.S.R. 132(E), dt. 20-2-2020 (w.e.f. 20-2-2020).

41. Paragraph 13 omitted by G.S.R. 688(E). dt. 26-9-2008 (w.e.f. 26-9-2008). Prior to omission it read as: 13. Options for return of capital. (1) A member eligible to pension may, in lieu of pension normally admissible under Paragraph 12 subject to commutation of pension, if any, under Paragraph 12-A, opt to draw for reduced pension and avail of return of capital under any one of the three alternatives given below: Sl. No. Alternatives Revised pension payable Amount payable as return of capital 1. Revised pension during lifetime of member with return of capital on his death. 90% of original monthly pension. 100 times the original monthly pension on death of member to the nominee. 2. Revised pension during the lifetime of member, further reduced pension during lifetime of the widow or her remarriage whichever is earlier and return of capital on widow's death/remarriage. 90% of original monthly pension to the member. On his death 80% of the original monthly pension to the widow. 90 times the original monthly pension on death of widow/remarriage to the nominee. 3. Pension for a fixed period of 20 years notwithstanding whether the member lives for that period or not. 87.5% of the original monthly pension for a fixed period of 20 years. The pension will cease thereafter. 100 times the original monthly pension at the end of 20 years from the date of commencement of pension to the member if he is alive, otherwise to his nominee. Explanation 1. In alternative 2, if the spouse dies or remarries before the death of member, capital equal to 90 times the original monthly pension shall be paid to the nominee on the member's death. Explanation 2. In alternative 3, if the member dies before the end of 20-year period, the pension shall be paid to his nominee for the balance period. Explanation 3. In the case of a member who is eligible for permanent total disablement pension, and where the payment of such pension is to commence before his attaining the age of 50 years, the options shall also be admissible but in such cases the actual pension payable shall be reduced by 1% and the return of capital shall be further reduced by Rs 1000 for every year by which the age at the commencement of pension falls short of 50 years. Explanation 4. In cases of exercise of option for commutation under Paragraph 12-A, balance monthly pension payable after commutation shall be deemed to be the original monthly pension for the purpose of this paragraph. (2) The option under sub-paragraph (1) shall be exercised by the member at the time of submission of the application form for pension in accordance with the provisions of this Scheme. The option once exercised shall be final. If no option is exercised, the member shall be deemed not to have exercised any option under this paragraph and his/her pension shall be determined under the provisions of Paragraph 12. (3) Notwithstanding that the capital is returned under this paragraph the widow/children shall continue to be eligible for normal widow pension/children pension/orphan pension under Paragraph 16 of this Scheme from the date immediately following the date of death of the member.

42. Subs. by G.S.R. 609(E), dt. 22-8-2014 (w.e.f. 1-9-2014).

43. Subs. for sub-paragraphs (2) to (5) of Paragraph 12, as the case may be, by G.S.R. 593(E), dt. 19-8-2014 (w.e.f. 1-9-2014).

44. Subs. for The Family Pension by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

45. Subs. for before the pension has vested; or by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

46. Subs. for 250 by G.S.R. 41, dt. 12-1-2000 (w.e.f. 29-1-2000).

47. Subs. for 250 by G.S.R. 41, dt. 12-1-2000 (w.e.f. 29-1-2000).

48. Ins. by G.S.R. 41, dt. 12-1-2000 (w.e.f. 29-1-2000).

49. Ins. by G.S.R. 593(E), dt. 19-8-2014 (w.e.f. 1-9-2014).

50. The words for the Financial Year 2014-2015 omitted by G.S.R. 603(E), dt. 16-6-2016 (w.e.f. 1-4-2015).

51. Subs. by G.S.R. 593(E), dt. 19-8-2014 (w.e.f. 1-9-2014).

52. The words for the Financial Year 2014-2015 omitted by G.S.R. 603(E), dt. 16-6-2016 (w.e.f. 1-4-2015).

53. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

54. Ins. by G.S.R. 66, dt. 22-2-1999 (w.e.f. 6-3-1999).

55. Subs. by G.S.R. 593(E), dt. 19-8-2014 (w.e.f. 1-9-2014).

56. The words for the Financial Year 2014-2015 omitted by G.S.R. 603(E), dt. 16-6-2016 (w.e.f. 1-4-2015).

57. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

58. Ins. by G.S.R. 66(E), dt. 22-2-1999 (w.e.f. 6-3-1999).

59. Ins. by G.S.R. 66(E), dt. 22-2-1999 (w.e.f. 6-3-1999).

60. Subs. for return of capital as provided in sub-paragraph (1) of Paragraph 13 by G.S.R. 80(E), dt. 14-2-2013 (w.r.e.f. 26-9-2008).

61. Ins. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

62. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

63. Ins. by G.S.R. 376, dt. 27-10-1997 (w.e.f. 8-11-1997).

64. Subs. for 30 days by G.S.R. 526(E), dt. 2-7-2015 (w.e.f. 2-7-2015).

65. Subs. for 30 days by G.S.R. 526(E), dt. 2-7-2015 (w.e.f. 2-7-2015).

66. Subs. for 30 days by G.S.R. 526(E), dt. 2-7-2015 (w.e.f. 2-7-2015).

67. Ins. by S.O. 1809(E), dt. 5-8-2011 (w.e.f. 5-8-2011).

68. Ins. by G.S.R. 252(E), dt. 31-3-2008 (w.e.f. 1-4-2008).

69. Subs. by G.S.R. 3, dt. 29-12-2006 (w.e.f. 6-1-2007).

70. Omitted by G.S.R. 3, dt. 29-12-2006 (w.e.f. 6-1-2007). Prior to omission it read as: 28. Administration Account. A separate account shall be kept, called the Employees Pension Administration Account for recording of all the administrative expenses of the Employees' Pension Fund. .

71. Subs. by G.S.R. 285(E), dated 4-4-2019 (w.e.f. 4-4-2019). Prior to substitution it read as: 29. Forms of Accounts. The accounts of the Employees' Pension Fund, as also the Employees' Pension Administration Account shall be maintained by the Commissioner in such form and in such manner as may be specified by the Central Board with the approval of the Central Government.

72. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

73. Subs. by G.S.R. 437(E), dt. 4-5-2017 (w.e.f. 4-5-2017).

74. Subs. by G.S.R. 134, dt. 28-2-1996 (w.e.f. 16-3-1996).

75. Ins. by G.S.R. 747(E), dt. 27-9-2001 (w.e.f. 28-9-2001).

76. Ins. by S.O. 1809(E), dt. 5-8-2011 (w.e.f. 5-8-2011).

77. Ins. by G.S.R. 430(E), dt. 19-5-2003 (w.e.f. 23-5-2003).

78. Subs. by G.S.R. 149, dt. 3-9-2010 (w.e.f. 11-9-2010).

79. Ins. by G.S.R. 1036(E), dt. 2-11-2016 (w.e.f. 2-11-2016).

80. Omitted by G.S.R. 745(E), dt. 5-10-2012 (w.e.f. 5-10-2012). Prior to omission it read as: (2) For clause (xv) of Paragraph 2, the following clause shall be substituted, namely (xv) Pensionable service means the service rendered by the member for which contributions have been received or are receivable and the period of coverage earned in another country and considered as eligible under a relevant social security agreement. .

81. Ins. by G.S.R. 745(E), dt. 5-10-2012 (w.e.f. 5-10-2012).

82. Omitted by G.S.R. 745(E), dt. 5-10-2012 (w.e.f. 5-10-2012). Prior to omission it read as: (5) For sub-paragraph (1) of Paragraph 10, the following sub-paragraph shall be substituted, namely (1) The pensionable service of the member covered by an international social security agreement shall be determined with reference to the contributions received or are receivable on his behalf in the Employees' Pension Fund: Provided that for the purposes of determining the pensionable service of a member covered by an international social security agreement, the period of service rendered under a relevant social security programme shall be added to the personable service under this sub-paragraph only for the purposes mentioned under such an agreement. .

83. Ins. by G.S.R. 1191(E), dt. 30-12-2016 (w.e.f. 1-1-2017) and shall cease to operate on June 30, 2017 as subs. by G.S.R. 300(E), dt. 29-3-2017 (w.e.f. 1-4-2017).

84. Subs. by G.S.R. 438(E), dt. 9-6-2008 (w.e.f. 10-6-2008).

85. Ins. by G.S.R. 747(E), dt. 27-9-2001 (w.e.f. 28-9-2001).

86. Ins. by G.S.R. 227(E), dt. 26-3-2015 (w.r.e.f. 1-9-2014).

87. Omitted by G.S.R. 747(E), dt. 27-9-2001 (w.e.f. 28-9-2001).

88. Subs. by G.S.R. 514(E), dt. 10-7-2009 (w.e.f. 10-7-2009).

89. Subs. by G.S.R. 514(E), dt. 10-7-2009 (w.e.f. 10-7-2009).

90. Ins. by G.S.R. 747(E), dt. 27-9-2001 (w.e.f. 28-9-2001).

91. See below at the end of the form.