Employees' Provedent Fund Organization, Delhi Region
EPFO Delhi North, South and Laxmi Nagar Employer e-Sewa Portal started Please Click Here for Employer e-Sewa        |       How to Register with Employer e-Sewa Portal               Please submit your claim form with attested photocopy of Passbook/Cheque/Bank Statement with your mobile number in every claim form.                 Please provide IFSC code and attested photocopy of your bank passbook for payment through NEFT (National Electronic Fund Transfer).               Employees are requested to submit their Annual return for the year 2011-2012 in soft and hard copy.              All Pensioners are advised to submit their life certificate at their concerned bank.              Attn.. Employers of Delhi North Region: Challans may be submitted in SBI with 'DLCPM' as region/office code instead of 'DL' -eg. DL/2456/000 may be given as DL/CPM/2456/000. EPFO Delhi North, South and Laxmi Nagar
Employees' Provedent Fund Organization, Delhi Region Employees' Provedent Fund Organization, Delhi Region Employees' Provedent Fund Organization, Delhi Region
.: Employees' Pension Scheme, 1995 :.
 

ARRANGEMENT OF PARAGRAPHS

1. Short title, commencement and application
2. Definitions
3. Employees' Pension Fund
4. Payment of contribution
5. Recovery of damages for default in payment of any contributions
6. Membership of the Employees' Pension Scheme
6A Retention of membership
7. Option for joining the scheme
8. Resolution of doubts
9. Determination of eligible service
10. Determination of Pensionable Service
11. Determination of Pensionable Salary
12. Monthly Member's Pension 12A. ***
13. ***
14. Benefits on leaving service before being eligible for monthly member’s pension
15. Benefits on permanent and total disablement during the service
16. Benefits to the family on the death of a member
16A. Guarantee of Pensionary Benefits
17. Payments on exercise of option. 17A. Payment of Pension
18. Particulars to be supplied by the employees already employed at the time of commencement of the Employees' Pension Scheme
19. Preparation of contribution cards
20. Duties of employers
21. Employer to furnish particulars of ownership
22. Duties of contractors
23. Allotment of Account Numbers
24. Declaration by persons taking up employment after the Fund has been established
25. Employees' Pension Fund Account
26. Investment of the Employees' Pension Fund
27. Disposal of the Fund
28. Administration Account
29. Forms of Accounts
30. Audit
31. Rounding up of the Benefits
32. Valuation of the Employees' Pension Fund and review of the rates of contributions and quantum of the pension and other benefits
33. Disbursement of Pension and other benefits
34. Registers, Records etc.
35. Power to issue directions
36. Regional Committee
37. Annual Report
38. Application of the provisions of the Employees' Provident Fund Scheme, 1952
39. Exemption from the operation of the Pension Scheme
39A Submission of return
39B Transfer Value
40. Information to the Central Governmen
41. Interpretation
42. Punishment for failure to submit return, etc.
43. Payment of pension in the case of a person charged with the offence of murder
43A  Special provisions in respect of International Workers
44. Repeal and savings SCHEDULE

THE EMPLOYEES' PENSION SCHEME, 1995

In exercise of the powers conferred by Section 6A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, namely:-

1. Short title, commencement and application

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

  1. (a) This Scheme shall come into force on 16th day of November, 1995;
    1. 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 ;
  1. 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.

2. Definitions

(1) In this Scheme unless the context otherwise requires :--

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

  1. "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;
  2. "Commissioner" means a Commissioner for Employees' Provident Funds appointed under Section 5D of the Act ;
  3. "contributory service" means the period of 'actual service' rendered by a member for which the contributions to the fund

have been 1[received or are receivable] ; 1. Subs. by G.S.R 134 dated 28th
February 1996, for the word "received" (w.e.f 16th March 1996)

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

  1. "Existing Member" means an existing employee who is a "Member of the Employees' Family Pension Scheme, 1971";
  2. "Family" means
  3. husband in the case of a female member of the Employees' Pension Fund ; and
  4. sons and 2[***] daughters of a member of the Employees'

Pension Fund ; 2. The word "unmarried" omitted, ibid (w.e.f. 16 th March, 1996)
Explanation. The expression "sons" and "daughters" shall
include children 3[legally adopted by the member] 3. Subs. Ibid., for

"adopted by the member legally before death in service" (w.e.f. 16th March, 1996)

(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


 
5. Subs. by G.S.R. 134 dated the 28th February, 1996, for the word "received" (w.e.f.
 
4. Inserted. by G.S.R. dated the 22nd February,

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.

4.["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,"]

1999 (w.e.f 6.3.99)

 

(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 5[received or are

receivable]
16th March,1996)

(xi) "orphan" means a person, none of whose parents is alive

6[***].6. Certain words omitted, ibid. (w.e.f. 16th March, 1996).

  1. "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.

 

  1. "Pay" means basic wages, with dearness allowance, retaining allowance and cash value of food concessions admissible, if any.
  1. "Pension Fund" means the Employees' Pension Fund set up under sub-section (2) of Section 6A of the Act.

 

  1. "pensionable service" means the service rendered by the member for which contributions have been 7[received or are

receivable] 7. Subs. By G.S.R. 134 dated the 28th February 1996, (w.e.f. 16th March,1996).


 
8. Subs. By G.S.R. 134 dated the

 

8[(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;]

28th February 1996, (w.e.f. 16th March,1996)

  1. "Table" means Table appended to this Scheme.

 

  1. 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.

3. Employees' Pension Fund.

  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 Fund Scheme, 1952, a part of contribution representing 8.33 per cent of the Employee's 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.

 

  1. 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:

 
10. Subs. by G.S.R.134 dated the 28th February, 96, for "the
 
9. Subs. by G.S.R.383 (E) dated the 24.5.2001 (w.e.f. 1.6.2001).

Provided that where the pay of the member exceeds 1[rupees six thousand and five hundred] per month the contribution payable by the employer and the Central Government be limited to the amount payable on his pay of 9[rupees six thousand and

five hundred] only

  1. 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.

 

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

4. Payment of contribution

(1) The employer shall pay the contribution payable to the Employees' Pension Fund in respect of 10[each member] of the Employees' Pension Fund employed by him directly or by or

through a contractor.

member" (w.e.f. 16th March, 1996)

(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.

11[ 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.] 11.

Inserted by GSR No. 252(E) dated 31-3-2008(w.e.f. 1-4-2008)

5. Recovery of damages for default in payment of any contributions

12[(1) Where an 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 below :- -

TABLE

S.No. Period of default Rates of
    damages
    (Percentage
    of arrears per
    annum)
(1) (2) (3)
(a) Less than two months Five
     
(b) Two months and above but Ten
  less than four months  
     
(c ) Four months and above but Fifteen
  less than six months  
     
(d) Six months and above Twenty Five

] 12. Substituted by GSR No. 688(E) dated 26-09-2008(w.e.f. 26-9-2008)

(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.

13[6. Membership of the Employees' Pension Scheme

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, 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;

  1. 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 Paragraph7;
  1. who has been a member of the Employees' Provident fund 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 27A of the Employees' Provident Fund

 

Scheme, 1952, on 15 th November, 1995 but not being a member of the ceased Employees' Family Pension Scheme, 1971 opts to exercise his option under
paragraph 7]. 13.  Subs.  by  G.S.R.134  dated  28th  February,  1996  (w.e.f.  16th  March,  1996)

Explanation – An employee shall cease to be the member of Pension Fund from the date of attaining 58 years of age or from


 
14. Inserted by G.S.R. dated 22nd

the date of vesting admissible benefits under the Scheme, whichever is earlier.

14.["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." ]

February 1999 (w.e.f. 6.3.99)

 

15[ 7. Option for joining the Scheme--

  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 his death.

 

  1. 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.
  1. 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.] 15. Subs. by G.S.R.134 dated the
28th February, 1996 (w.e.f 16th March, 1996)

 

8. Resolution of doubts.

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.

9. Determination of eligible service.

The eligible service shall be determined as follows:

(a) In the case of "new entrant" the "actual 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.

Explanation: For the purpose of this sub-paragraph the total past service for less than six months shall be ignored and the total past service for six months and above shall be rounded to a year.

10. Determination of Pensionable Service


 
17. Ins. ibid (w.e.f. 16th March, 1996).
 
16. Subs. by G.S.R. 134 dated

(1) The pensionable service of the member shall be determined with reference to the contributions 16[received or receivable] on

his behalf in the Employees' Pension Fund.

the 28th February, 1996 for "received" (w.e.f. 16th March, 1996)

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

 

 

11. Determination of Pensionable Salary.

(1) Pensionable salary shall be average monthly pay drawn 17[in any manner including on piece-rate basis] during the contributory period of service in the span of 12 months preceding the date of exit from the membership of the

Employees' Pension Fund.

18 [" Provided that if a member was not in receipt of full pay during the period of twelve months preceding the day he ceased to be the member of Pension Fund, the average of previous 12 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. ] 18.

Inserted by G.S.R. 66 dated 22nd February, 1999 (w.e.f. 6.3.1999)

  1. If during the said span of 12 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 12 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.
  2. The maximum pensionable salary shall be limited to

19[Rupees six thousand and five hundred /Rs.6500/-] per month.

 
20. Inserted ibid w.e.f 16.3.96. 19 & 21 & 22 . Subs. By

20[Provided that if at the option of the employer and employee, contribution paid on salary exceeding 21 [Rupees six thousand and five hundred /Rs.6500/-] per month from the date of commencement of this Scheme or from the date salary exceeds 22[Rupees six thousand and five hundred /Rs.6500/-] whichever is later, and 8.33 per cent share of the employers thereof is remitted into the Pension Fund, pensionable salary shall be

based on such higher salary.]

GSR 774 (E) dated the 8.10.2001 (w.e.f. 1.6.2001)

 

 

 

23[12.                    Monthly Member’s Pension.

    1. A member shall be entitled to: -

 

  1. superannuation pension if he has rendered eligible service of 10 years or more and retires on attaining the age of 58 years;
  1. 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: -

Monthly member’s pension = Pensionable salary X Pensionable service

--------------------------------------------------
70
(3) In the case of an existing member in respect of whom the date of commencement of pension is after 16th November, 2005:


(i) Superannuation/early pension shall be equal to the aggregate of: -
  1. 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;

 

 

 

 

  1. Past service pension shall be as given below: -

 

The past service pension payable on completion of 58 years of age on 16.11.95

S.No.   Years of Past   Salary upto Salary more
    Service   Rs.2500/- per than Rs.2500/-
          month   per month
    (1)   (2)   (3)  
(i) Upto 11 years   80   85  
(ii) More  than  11  years 95   105  
  but upto 15 years          
(iii) More  than  15  years 120   135  
  but less than 20        
  years            
(iv) Beyond 20 years   150   170  

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 16-11-95 and the date of exit to arrive at past service pension payable.


    1. 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 if it is less than 24 years, the pension as computed above shall be reduced proportionately subject to a minimum of Rs. 450/- per month

 

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

 

    1. the superannuation/early pension shall be equal to the aggregate of : -
      1. 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 ;

 

      1. past service pension as provided in sub-paragraph (3)
      1. 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 that if it is less than 24 years the pension shall be proportionately less subject to the minimum of Rs. 325/- per month.

 

  1. In the case of an existing member and in respect of whom the date of commencement of pension is before 16th November 2000
      1. the superannuation/early pension shall be equal to the aggregate of :

 

          1. pension as determined under sub-paragraph (2) for the period of service rendered from the 16th

November, 1995 per month 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 that 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 members pension under sub-paragraphs (2) to (5) mentioned herein above, 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 24[four per cent] for every year the age
falls short of 58 years] . 23. Subs. by G.S.R. 431(E), dated the 15.6.2007 (w.e.f. 16.11.1995), 24. Substituted instead of three percent vide GSR 688(E), dated 26.9.2008 (w.e.f. 26.9.2008)

 

(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 entitled to additional relief sanctioned under this Scheme from time to time:

Provided that if the member does not take up an employment coverable under this Scheme, but dies before attaining the age of 58 years, the amount of contributions received in his case shall be converted into a monthly widow pension/children pension. 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 (upto two). 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.

25[12A. * * *]  25. Deleted vide GSR 688(E), dated 26.9.2008 (w.e.f. 26.9.2008)

26[13. * * *]  26. Deleted vide GSR 688(E), dated 26.9.2008 (w.e.f. 26.9.2008)

14. Benefits on leaving service before being eligible for monthly members pension.

(1) If a member has not rendered the eligible service prescribed in paragraph 27 [9] on the date of exit, or on attaining 58 years of age whichever is earlier, he/she 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/she has not attained

the 58 years of age: 27. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996).


Provided that an existing member shall receive additional return of contributions for his/her 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'.

15. Benefits on permanent and total disablement during the service

  1. A member, who is permanently and totally disabled during the employment shall be entitled to pension as admissible under sub-paragraph (2) to (5) of paragraph 12 as the case may be 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 she/he has made at least one month's contribution to the Pension Fund.

 

  1. 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 life-time of the member.
  1. 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.

 

16. Benefits to the family on the death of a member

(1) 28[Pension to the family] shall be admissible from the date following the date of death of the member if the member dies ..

  1. while in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund, or

 

  1. after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to

 
28. Subs. by G.S.R. 134 dated the 28th February, 1996 (w.e.f. 16th March

monthly member's pension but 1[before the commencement of pension payment or]

(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 ge of 58 years, shall be regulated under sub-paragraph (8) of

paragraph 12.
1996).

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

  1. in the cases covered by clause (a) of sub-paragraph (1), equal to the monthly members 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.

 

  1. in the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members pension which would have been

admissible as if the member had retired on the date of exit or 29[Rs. 450/- 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 members pension payable to the member on the date of his death subject to a minimum of
29[Rs. 450/- per month.] 29. Subs. by G.S.R. dated 12th January, 2000
30[(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.]30. Ins. Ibid. (w.e.f. 29.1.2000)


 
33. Inserted by G.S.R. 66 dated 22nd
 
32. Subs. by G.S.R. 134, dated the 28th February, 1996

(b) the monthly widow pension shall be payable upto 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 : - -

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

 

  1. Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2) (a) (i) provided that minimum monthly children pension for each child of the deceased member shall not be less

than 31[Rs. 150/- per month.] 31. Subs. by G.S.R dated 12th January 2000

32[(c ) Monthly children pension shall be payable until the child

attains the age of 25 years.]

(w.e.f. 16th March, 1996).

 

(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.

33 [ "(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)".]


 
35. Ins. by G.S.R. 134, dated the 28th February,

February, 1999 (w.e.f.  6.3.99)

(4) (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 sub-paragraph (2) (a) (i) provided that minimum monthly orphan pension for each orphan shall not be less than 34[Rs. 250/- per
month.] 34. Subs. by G.S.R 41 dated 12th January 2000 (w.e.f.29.1.2000)

(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.

35](c ) The monthly orphan pension shall be admissible to a maximum of 2 orphans at a time and shall run in order from the

oldest to the youngest orphan.]

1996 (w.e.f 16th March 1996).

 

(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 hereinafter 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).

36[ (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 dependent father or dependent mother as the case may be. On grant of Pension to such


 
38. Inserted by G.S.R. 134
 
37. Sub. by G.S.R dated

dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the

surviving mother life long]36. Inserted by G.S.R.66 dated 22nd February, 1999. (w.e.f 6.3.99)

(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 members pension under paragraph 12, but had opted to retain the membership of this Scheme under sub-paragraph (8) of paragraph 12, the 37[nominee or the dependant father or the dependant mother as the case may be ] shall be entitled to return of capital as

provided in sub-paragraph (1) of paragraph 13.

22nd February, 1999 (w.e.f 6.3.99)

38[16A. Guarantee of pensionary benefits

None of the pensionary benefits under the Scheme shall be denied to any member or beneficiary for want of compliance of the requirement 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.]

dated the 28th February 96 (w.e.f. 16th March 1996)

39[17. Payments on exercise of option

  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.

 

  1. Members referred to in sub-paragraph (2) of paragraph 7 shall have the option to join the Scheme by returning the amount of withdrawal benefit received, if any, together with interest at the rate of 8.5% 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.

 
40. Ins. by GSR 376 dated
 
39. Subs. by G.S.R. 134,

(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.]

dated the 28th February, 1996 (w.e.f 16th March, 1996)

40[17A. 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 thirty 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 thirty 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 thirty 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.]
the 27th October, 1997 (w.e.f. 8th  November 1997)

 

 

18. Particulars to be supplied by the employees already employed at the time of commencement of the Employees' Pension Scheme

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.


 

19. Preparation of Contribution Cards


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.

20. Duties of Employers.

(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.

  1. 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.

 

  1. Notwithstanding anything contained in this paragraph, the Central Board may issue such directions to the employers

generally, s 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.

 

 

21. Employer to furnish particulars of ownership.

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.

 

 

 

22. Duties of contractors

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.

23. Allotment of Account 41[Numbers] 41. Subs. by G.S.R 134, dated the

28th February, 1996 (w.e.f 16th March, 1996)


(1) For purposes of this Scheme, where the member has already been allotted or is allotted hereafter an account number under

the Employees' Provident Fund Scheme, 1952, he shall retain the same account number.
  1. In the case of employees of the establishments exempted from the Employees' Provident 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.

 

  1. In the case of employees of the establishments exempted from the Employees' Provident 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.

24. Declaration by persons taking up employment after the Fund has been established

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.

42[Provided that if such person is a person with disability, the aforesaid Form shall further contain such particulars as are


necessary for such person.] 42. Inserted by GSR No. 252(E) dated 31-3-2008(w.e.f. 1-4-2008)

 

 

 

25. Employees' Pension Fund Account

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.

26. Investment of the Employees' Pension Fund

  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.

 

  1. Net assets of the Family Pension Fund as on the 16.11.95 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.

27. Disposal of the Fund

(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.

43[(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]

  1. substituted by GSR 3 dated 29.12.2006

 

 

  1. 44  [Omitted] 44. substituted by GSR 3 dated 29.12.2006

 

  1. 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.

30. Audit

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.

31. Rounding up of the Benefits

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.


 
46. Modified by GSR 746(E), dated
 
45. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996)

32. Valuation of the Employees' Pension Fund and review of the rates of contributions and quantum of the pension and other benefits

45[(1) The Central Government shall have an annual valuation of the Employees' Pension Fund made by a Valuer appointed by

it.]

(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.

 

 

 

33. Disbursement of Pension and other benefits.

 

46[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 Offices or Nationalised Banks or Treasuries or Scheduled Commercial banks including Regional Rural banks or Co-operative Banks. The commission payable to the disbursing agencies and other charges incidental thereto shall be met as

provided in paragraph 27 of this Scheme.]

the 27.9.2001 (w.e.f. 28.9.2001)

34. Registers, Records, etc.

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.

35. Power to issue directions.

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.

36. Regional Committee.

The Regional Committee set up under paragraph 4 of the Employees' Provident Fund 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 - -

  1. progress of recovery of contributions under this Scheme both from factories and establishment exempted under Section 17 of the Act and other factories and establishments covered under the Act.

 

  1. expeditious disposal of prosecutions.
  1. Speedy settlement of claims relating to pension and other benefits under this Scheme.

 

37. Annual Report.

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 Fund Scheme, 1952, a report on the working of this Scheme during the previous financial year.

38. Application of the provisions of the Employees' Provident Fund Scheme, 1952.

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

47[39. Exemption from the operation of the Pension Scheme.

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 proposed 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


 
47. Subs. by G.S.R. 134, dated the

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 compete form to the satisfaction of the

Regional Provident Fund Commissioner.]

28th February, 1996 (w.e.f 16th March 1996)

48[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

FORM 1

(See paragraph 39 A)

Monthly Return to be submitted by the exempted establishments/class of establishments/Board of Trustees.

1. DETAILS OF ESTABLISHMENT :  
  (a) Name of the establishment with the :  
    full address    
  (b) Code No. allotted by the :  
    Employees Provident Fund    
    Organization    
2. DETAILS OF EMPLOYEES (INCLUDE :  
  ALL BRANCHES/UNITS ETC.)    
  (a) No. of employees as at the end of :  

    previous month    
  (b) No. of employees who joined :  
    during the month    
  (c) No. of employees who left service :  
    during the month    
  (d) No. of employees as at the end of :  
    the month    
    [(a) +(b) –(c)]    
  (e) Out of (d) above no. of excluded :  
    employees    
  (f) No. of Pension Fund members as :  
    at the end of the month [Please    
    furnish the above mentioned details    
    unitwise situated as different    
    places. Attach separate sheet, if    
    necessary]    
3 CONSTITUTION OF BOARD OF :  
  TRUSTEES    
  (a) Date on which the present Board : DD MM YYYY
    was constituted    
  (b) Its term : YEARS
  (c) Total number of Trustees :  
    (i) Employees’ Representatives :  
    (ii) Employer’s  Representatives :  
4 WAGES, CONTRIBUTIONS ETC.    
  (a) Amount of gross wages liable to : Rs.
    Pension Contribution    
  (b) Rate of contribution to Pension : %
    Fund      
  (c) Amount of Pension contribution to : Rs.
    be transferred for the current month    
  (d) Amount of arrears due, if any, for : Rs.
    transfer to the Board of Trustees at    

    the end of the previous month      
  (e) Total of (c) & (d) : Rs.  
  (f) Amount actually transferred to the : Rs.  
    Board of Trustees      
  (g) Balance due, if any, for transfer to : Rs.  
    the Board of Trustees [(e)-(f)]      
  (h) Whether the interest payable under : YES NO
    Section 7Q of the Act for the      
    belated transfer of Funds, if any,      
    has been paid?      
  (i) Amount of interest still payable at : Rs.  
    the end of the month      
5 DETAILS OF PENSIONERS :    
  (a) No. of Pensioners at the end of the :    
    month      
    (i) Member (Self) Pensioners :    
      --Superannuation Pension :    
      --Early Pension :    
      --Disablement Pension :    
    (ii) Spouse Pensioners :    
      --Death in service :    
      --Death away from service :    
      --Death as pensioner :    
    (iii) Children Pensioner :    
      --Normal Children :    
      --Disabled Children :    
      (Life-long pension)      
    (iv) Orphan Pensioner :    
    (v) Nominee Pensioner :    
    (vi) Dependent Parents Pensioner :    
  (b)   Total amount of Pension paid : Rs.  
      during the month      
6 DETAILS OF EXIT CASES      

  (a) No. of Persons who have taken :    
    Withdrawal benefit during the      
    month.      
  (b) Amount paid during the month No. : Rs.  
    of exit cases where Scheme      
    certificate has been issued.      
7 DETAILS OF INVESTMENT      
  (a) Amount lying invested in the :    
    Pension Fund in the beginning of      
    the month      
  (b) Amount received during the month :    
    (i) By away of Contribution from : Rs.  
      the employer      
      Current month   Rs.  
           
      Arrears, if any   Rs.  
           
    (ii) Encashment of matured : Rs.  
      securities/deposits      
    (iii) Interest/dividend on : Rs.  
      investments      
    (iv) Other transfer-in-cases : Rs.  
    (v) Damages, if any : Rs.  
    (vi) Interest on belated payments, : Rs.  
      if any      
    (vii) Miscellaneous, if any : Rs.  
      (Please  specify)      
  (C) Payments made during the month : Rs.  
  (d) Amount invested during the month : Rs.  
      Securities      
      --Central Government : Rs.  
      --State Governments : Rs.  
      --Others, if any : Rs.  
      Deposits      

    --Public Financial      
    Institutions Banks : Rs.  
(e) Whether pattern of investment : YES NO
  followed?      
(f) If so, classify the percentage      
  (i) Securities      
    --Central Government : %  
    --State Government : %  
    --Others : %  
  (ii) Deposits      
    --Public Financial      
    Institutions/Banks : Rs.  
  (iii) Annuity purchased from Life : Rs.  
    Insurance Corporation      
(g)   Amount lying un-invested in : Rs.  
    Cash/Bank      
8     MODE OF DISBURSEMENT (Tick one)      
  --Through Bank :    
  --Through Post Offices :    
  --Through LIC by purchase of :    
  Annuity      
  --Others, if any, (please specify)      
  1. RULES OF ESTABLISHMENT’S PENSION FUND

Details of amendment, if any carried out during the month to make the Rules at par with the Statutory Pension Scheme (Employees’ Pension Scheme, 1995)

 

Date

Signature with official seal of


the Employer/Trustees of the Board]

 

48.Ins. by G.S.R,. 747 (E) dated the 27th  September 2001 (w.e.f. 28th  September, 2001)

49[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 willconsist of the following:-

    1. Withdrawal benefit relating to past service period upto 15-11995 as per Table-A multiplied by Table-B factor for the period between 16-11-1995 to the date of exemption/transfer, and

 

    1. 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.
    1. 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.]

 

  1. Ins. by  G.S.R. 430(E) dated the 19th  May, 2003 (w.e.f. 23rd  May, 2003)

40. Information to the Central Government.

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.

41. Interpretation.

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 decided the same.


 

42. Punishment for failure to submit return, etc.

If any person,

  1. deducts or attempts to deduct from the wages or other remuneration of the member, the whole or any part of the employer's contribution, or

 

  1. fails or refuses to submit any return, statement or other documents required by this Scheme or submits a false returns, statement or other documents, or makes a false declaration, or
  1. 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

 

  1. 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.

 

43. Payment of pension in the case of a person charged with the offence of murder

(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:
  1. 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

 

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

50[43A. Special provisions in respect of International Workers:- The Scheme shall, in its application to International Workers as defined in paragraph 83 of the Employees’ Provident Fund Scheme, 1952 be subject to the following modifications, namely:-

(1) For clause (xv) of paragraph 2, the following clause shall be substituted, namely:-

(xv) “pensionable service” means the service rendered by the member covered by an international social security agreement for which contributions have been received or are receivable, the period of service rendered and considered as eligible under such agreement.

(2) For sub-para (1) of paragraph 10, the following sub-paragraph shall be substituted, namely:-

10. Determination of pensionable service:-

(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, the period of service rendered under a relevant social security programme and


considered as eligible for benefits shall be added only for the purpose mentioned under such agreement.

(3) 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.

(4) For paragraph 14, the following paragraph shall be substituted, namely:-

14. Benefits on leaving service before being eligible for monthly members’ pension:-

  1. If a member not being an Indian employee, hailing from a country with which India has entered into a social security agreement, has not rendered the eligible service prescribed in paragraph 9 of the date of exit, or on attaining the 58 years of age, whichever is earlier, he/she shall be entitled to a benefit as may be prescribed in the said Agreement on reciprocal basis.

 

  1. If a member not being an Indian employee hailing from a country with which India has not entered into a social security agreement, has not rendered the eligible service specified in paragraph 9 on the date of exit, or on attaining the 58 years of age, whichever is earlier, his/her entitlement to the withdrawal benefit under paragraph 14 shall be, on the principle of reciprocity, as may be available to Indian employees in that

country.] 50. Inserted vide GSR 705(E) dt.1.10.2008 (w.e.f. 1.10.2008)


44. Repeal and savings.
  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.

 

  1. 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.
  1. All orders/authorisations/Pension Payment Orders issued under the Family Pension Scheme, 1971, shall be deemed to have been made under this Scheme.

 

TABLE A

(See Paragraph 14)

(WITHDRAWAL BENEFIT)

No. of full years’ contribution Proportion of pay payable at
paid cessation of membership
   
(1) (2)
1 0.20
   
2 0.41
3 0.62
4 0.84
5 1.06
6 1.29
   
7 1.51
   

8 1.75
9 1.98
   
10 2.23
   
11 2.47
   
12 2.72
   
13 2.98
   
14 3.24
   
15 3.51
   
16 3.78
   
17 4.05
   
18 4.34
   
19 4.62
   
20 4.92
   
21 5.21
   
22 5.52
   
23 5.83
   
24 6.14
   
25 6.46
   
26 6.79
   
27 7.12
   
28 7.46
   
29 7.81
   
30 8.16
   
31 8.52
   
32 8.89
   
33 9.26
   
34 9.64
   

35 10.03
36 10.43
   
37 10.83
   
38 11.24
   
39 11.66
   
40 12.08
   

 

51[TABLE B

(See Paragraphs 12 and 14)

FACTOR FOR COMPUTATION OF PAST SERVICE

BENEFIT UNDER THE CEASED FAMILY PENSION

SCHEME FOR EXISTING MEMBERS ON EXIT FROM
THE EMPLOYMENT

YEARS FACTOR
(1) (2)
Less than 1 1.039
Less than 2 1.122
Less than 3 1.212
Less than 4 1.309
Less than 5 1.413
Less than 6 1.526
Less than 7 1.649
Less than 8 1.781
Less than 9 1.923
Less than 10 2.077
Less than 11 2.243
Less than 12 2.423
Less than 13 2.616
Less than 14 2.826
Less than 15 3.052
Less than 16 3.296
Less than 17 3.560
Less than 18 3.845
Less than 19 4.152

Less than 20 4.485
Less than 21 4.843
Less than 22 5.231
Less than 23 5.649
Less than 24 6.101
Less than 25 6.589
Less than 26 7.117
Less than 27 7.686
Less than 28 8.301
Less than 29 8.965
Less than 30 9.682
Less than 31 10.457
Less than 32 11.294
Less than 33 12.197
Less than 34 13.173]
51. Subs. by G.S.R. 438(E), dated the 10th  June, 2008


TABLE C

(See Paragraph 16)

EQUIVALENT WIDOW PENSION

Salary at day of Equivalent Equivalent widow pension
widow pension  
death not more  
than  
(1) (2)
(Rupees) (Rupees)
Upto 300 250
350 327
400 343
450 359
500 375
550 391
600 408
650 425
700 442
750 459
800 476
850 493
900 510
950 527
1000 544
1050 561
1100 578
1150 595
1200 612
1250 629
1300 646
1350 664
1400 682
1450 700
1500 718
1550 736
1600 754
1650 772

1700 797
1750 808
1800 826
1850 844
1900 862
1950 880
2000 898
2050 916
2100 935
2150 954
2200 973
2250 992
2300 1011
2350 1030
2400 1049
2450 1068
2500 1087
2550 1106
2600 1125
2650 1144
2700 1163
2750 1182
2800 1201
2850 1221
2900 1241
2950 1261
3000 1281
3050 1301
3100 1321
3150 1341
3200 1361
3250 1381
3300 1401
3350 1421
3400 1441
3450 1461
3500 1481
52 [3550 1501
3600 1521

3650 1541
3700 1561
3750 1581
3800 1601
3850 1621
3900 1641
3950 1661
4000 1681
4050 1701
4100 1721
4150 1741
4200 1751
4250 1761
4300 1771
4350 1781
4400 1791
4450 1801
4500 1811
4550 1821
4600 1831
4650 1841
4700 1851
4750 1861
4800 1871
4850 1881
4900 1891
4950 1896
5000 1901
5050 1906
5100 1911
5150 1916
5200 1921
5250 1926
5300 1931
5350 1936
5400 1941
5450 1946
5500 1951
5550 1956

5600 1961
5650 1966
5700 1971
5750 1976
5800 1981
5850 1986
5900 1991
5950 1996
6000 2001
6050 2006
6100 2011
6150 2016
6200 2021
6250 2026
6300 2031
6350 2036
6400 2041
6450 2046
6500 2051.]

52 Ins. by G.S.R. 747 (E), dated the 27th  September, 2001 (w.e.f. 28th  September, 2001).

53[***] 53. “Note” omitted by G.S.R. 747 (E), dated the 27th September, 2001 (w.e.f. 28th September, 2001).


54[TABLE D

(See Paragraph 14)

Return of contribution on exit from the employment

 

Year of Service Proportion of wages at exit
   
1 1.02
2 1.99
3 2.98
4 3.99
5 5.02
6 6.07
7 7.13
8 8.22
9 9.33
Note :    The above table is based on a flat addition in benefit.]
54. Subs. by G.S.R. 438(E), dated the 10th  June, 2008

55[TABLE –E

(See Paragraph 39-B)

(TRANSFER OF CONTRIBUTION FROM EMPLOYEES’ PENSION SCHEME, 1995 TO EXEMPTED OR OTHER PENSION FUND OR VICE –VERSA)

Number of full year’s Proportion of pay
contribution period payable on last
  contribution month
1 0.978
2 1.979
3 3.003
4 4.051
5 5.124
6 6.221
7 7.345
8 8.494
9 9.671]

55. Ins. by G.S.R. 430 (E) dated the 19th  May, 2003 (w.e.f. 23rd  May, 2003)


 

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

  1. 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.

 

  1. Notwithstanding anything contained in this paragraph, the Central Board may issue such directions to the employers

 

 

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