Employees' Provident Funds & Miscellaneous Provisions Act, 1952
and
Employees Provident Fund Scheme, 1952 (EPF)
Employees Pension Scheme, 1995 (EPS)
Employees Deposit Linked Insurance Scheme, 1976 (EDLI)
(Providing Social Security to millions of Indian workers)
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO)
MISSION
Our mission is to extend the reach and quality of publicly managed old age
income security programs through consistent and ever improving standards
of compliance and benefit delivery in a manner that wins the approval and
confidence of Indians in our methods, fairness, honesty and integrity,
thereby contributing to the economic and social well-being of Indians.
Issued by:
Employees Provident Fund Organisation
Chennai & Puducherry Region
Chennai - 600014
Website:
www.epfochennai.tn.nic.in, www.epfindia.gov.in
e-mail : rpfc_chennai [at] yahoo [dot] co [dot] in
rpfcchennai@gmail .com
csdchennai [at] gmail [dot] com
8
APPLICATION OF THE EMPLOYEES' PROVIDENT FUNDS AND
MISCELLANEOUS PROVISIONS ACT, 1952:
+ The Employees' Provident Funds & Miscellaneous Provisions Act, 1952, is
applicable to specified industries I establishments in which 20 or more
persons (including contract employees) are working:
+ Any establishment can seek voluntary application of the Act
+ At present 183 categories of industries/establishments are under the net of
Employees' Provident Funds and Miscellaneous Provisions Act, 1952
SCHEMES UNDER THE AC
1. Employees Provident Fund Scheme, 1952
2. Employees Pension Scheme, 1995
3. Employees Deposit Linked Insurance Scheme, 1976
MEMBERSHIP:
+ All employees are eligible to become a member of Provident Fund, Pension
Fund and Insurance Fund from the date of their joining the establishment.
CONTRIBUTION:
+ Every employee is required to pay Contribution to the Provident Fund @ 12%
/10% of their Basic wages and Dearness Allowance.
+ The employer will also pay an equal amount of contribution. Both the shares
will be credited to the Members' Provident Fund Account.
+ No contribution is required to be paid by the employee for the insurance
benefits. The employer is required to pay the contributions for the EDLI scheme:
+ No separate amount of contribution is payable by the employee to the
Pension Fund:
+ Out of the Employer's share of Provident Fund contribution, 8.33% of pay is
diverted towards Pension Fund:
+ The Government of India has brought out an incentive scheme w.e.f.
01 .04.2008 for employers of PF covered establishments wherein
contribution payable by the employer in respect of disabled employees, will
be paid by the Government of India for the first three years - A sum of Rs.
1800 crores has been allotted by the Government during the 11th five year
plan (2007-2012) and in the first instance. As. 5 crores has been released.
[ BENEFITS UNDER THE SCHEMES]
1. Employees Provident Fund Scheme, 1952:
• The Provident Fund members can avail advances/ withdrawals for purchase
of site I house constructions, marriage, higher education, Illness, closure of
establishments, etc., through Form 31 which provides details and
documents to be submitted;
• On retirement or on leaving the service, the Provident Fund accumulations
can be withdrawn in full by submitting claim in Form 19.
• In case of premature death, the Provident Fund is payable to Nominee(s) or
Family members;
• The members are informed of the balance of their Provident Fund
accumulations including interest credited every year through the Annual
Statement of Accounts ( Form 23);
2. Employees Pension Scheme, 1995:
~ The Employees Pension Scheme, 1995 was introduced by the Government
of India w.e.f. 16.11 .1995 repealing the erstwhile Employees Family Pension
Scheme, 1971 . Under the old Scheme, Family Pension was payable to the
widow/widower in case of death of a member. whereas under the new
scheme i.e. EPS, 1995 in addition to the payment of family pension on the
death of the member, survival benefit is also given i.e. a member on leaving
the service and after fulfilling prescribed conditions can avail pension for
himself/herself.
- the forefront of change in delivery of publicly managed services
)> The payment of pension is guaranteed and assured even in cases where
the employer fails to deposit the Pension Contribution.
)> The pension fund is valued annually by the Valuer appointed by the
Government of India and based on the report, Government declares
Dearness Relief to the Pensioners.
[ TYPES OF PENSION
2.1. Member Pension:
+ An Employee is eligible for pension after 10 years of service; The Pension is payable on attaining the age of 58 years, whether he is in service or superannuated;
2.2. Early Pension:
+ After attaining the age of 50 years with minimum service of 10 years,
Early Pension can be availed;
2.3. Disablement Pension:
+ Where an employee is leaving the service on total and permanent
in capacitation, disablement Pension is allowed without any age or
service stipulation;
2.4. Family Pension:
+ Family Pension is payable in case of death of a member- after leaving
the employment while in employment, after drawing the pension and
also even before 10 years of service;
+ On death of a pensioner, the Pension is automatically payable to the
spouse (widow/ widower);
2.5. Children Pension:
+ In addition to Family Pension to widow/ widower, children below 25 years are also eligible for pension simultaneously. It is payable to the married daughters also;
+ Any child in a family with total and permanent disablement will receive pension till death;
2.6. Orphan Pension:
+ On death, or re-marriage of widow/ widower, the children will be given
enhanced pension treating such children as orphan ;
+ On behalf of the minor children the pension is payable to guardian;
2.7. Nominee Pension:
+ In case of no family, pension may be pa1d to the nominee;
2.8. Dependant Pension:
+ When a member dies as bachelor or spin ster or where there is no
spouse or children below 25 years, the Family Pension is payable to
dependent father followed by dependent mother;
[ OPTIONS AVAILABLE FOR PENSIONERS J
2.9. Commutation of Pension:
+ Commutation of pension benefit up to one-third of his pension is
allowed and he will receive a lump sum amount equivalent to 100
times of the commuted value of pension;
2.1 0. Return of Capital:
+ A Pensioner may nominate a person to receive a lump sum amount
after his/her death, as Return of Capital.
[ OTHER BENEFITS I
2.11 . Withdrawal Benefit:
+ The employees with less than 1 0 years of service on the day of
resignation may avail the benefit of withdrawal from the Pension Fund;
2.12. Scheme Certificate:
+ Where an employee served for 10 years on the date of leaving
the service, but not attaining the age of 50/58 years will be issued
Scheme Certificate only. He I She can apply for early I full pension after
attaining the age of 50/58 years respectively.
EPFO serves more than 40 million employees in India
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+ If a member holding a Scheme Certificate dies before attaining the age
of 58 years, his/her family is paid family pension irrespective of the
period of service.
2.13. Determination of Pension:
+ The pension for the service rendered after 15.11 .1995 is calculated
through formula namely,
Pensionable salary X Pensionable service
70
+ An employee on his superannuation is entitled for pension,
(through the above formula) up to 60% of the pension able salary,
(Pensionable salary would mean, the salary drawn by an employee
for a period of twelve months prior to the date of superannuation) .
3. Employees Deposit Linked Insurance Scheme, 1976
A member of Provident Fund Scheme is also a member of the Insurance
Scheme No contribution is payable by the employee towards contribution under this
Scheme and only the employer contributes at the rate of 0.5% of the Wages In case of death of an employee while in service, up to Rs.60,000/= is payable
to Nominee/ family members under the Insurance Fund;
[ DUTIES OF EMPLOYERS I
1. All employees including contract employees are to be enrolled as Provident
Fund members from the date of their join ing your establishment;
2. Forward the details of employees enrolled as Provident Fund members
before 15th of every month to the Regional Provident Fund Commissioner
through Form 5;
3. Obtain the Nomination Form in Form 2 and forward along with Form 5;
4. Furnish the details of employees leaving your se rvice, before 15th of every
month through Form 10 along with contribution card in Form 3A;
5. Pay the Provident Fund/ Pension/ Insurance Fund contributions and
Administrative charges through Form 12A before 15th of each month so as to
AVOID payment of interest and Penal damages on belated deposit and to
prevent action on prosecution, imprisonment, sale of movable/ immovable
property, attachmentofBankAccounts, etc.
6. Submit the Annual Contribution Card of each member in Form 3A along with
Form 6A before 30th April of each year;
7. Forward the applications for Advance/ Withdrawal and Final Settlement of
Providentfund Account, pensionary benefits and insurance benefits, within 5 days.
[RIGHTS OF EMPLOYEES)
1. Rightto membership of Provident Fund, Pension and EDLI Schemes for every
employee of covered establishment drawing monthly basic pay and D.A. up
toRs. 6500 per month.
2. To receive Annual Statement of Providen1 Fund account by 3oth September of
the following year.
3. To obtain claim form free of cost from any provident fund office.
4. To obtain assistance/guidance from publ1c relations officers in filling up of
forms.
5. To submit claim appl ications in any off1ce of E.P.F.O. and obtain
acknowledgment.
6. To get partial withdrawals settled with in a maximum period of 30 days for
specified purposes.
7. To get claim of final withdrawals sett led within 30 days from the date of
submission of claim.
8. To get the accumulations transferred to your new account within 30 days on
change of employment.
9. To execute nomination for receiving provident fund accumulations/ pension.
10. To register grievance and get redressal.
11 . To approach officer-in-charge of any office for redressal of grievance without
prior appointment.
12. To receive guaranteed monthly payment of pension even in case of
non-payment of dues by employer.
13. To receive provident fund dues from special reserve fund:
+ In case of non-payment of contribution deducted from wages by ·
employer.
+ In case of non-payment of contribution by the employer of
establishment closed for more than 3 years.
+ In case offraudulentwithdrawal from your account.
FORMS
Form2
(Revised)
FORMS TO BE SUBMITTED FOR AVAILING BENEFITS
UNDERTHETHREE SCHEMES
BENEFITS
For giving Nomination for Provident Fund and Pension and details of
the members of the family.
Form13(R) To transfer the Provident Fund Account on joining another
establishment.
Form31 To avail Advance/Withdrawal for various purposes
Form19 To withdraw Provident Fund amount by a Member
Form20 To withdraw Provident Fund account of a deceased member by a
Nominee/ family member.
Form 10-C To receive Scheme Certi ficate/ withdrawal benefit.
[EPS]
Form 10-D To claim Pension under Employees' Pension Scheme, 1995.
[EPS]
Form5 (IF) To claim Assurance benefit under Employees' Deposit Linked
Insurance Scheme, 1976.
MONTHLY/ANNUAL RETURNS TO BE SUBMITTED BY
THE EMPLOYERS
FORM NO. PARTICULARS DUE DATE
9 Details of employees enrolled Within 15 days from the
on the date of application application of the Scheme
of the Scheme
5A Ownership of Estt. do-
5 To intimate the details of employees 15th of the following month.
joining the Provident Fund
10 Details of employees leaving doform
service
SINGLE For payment of contribution Before 15th of each month.
CHALLAN and administrative charges
12A Statement of dues and remittances 25th of the following month.
towards PF, Pension and EDLI and
Admn. Charges
3A&6A Individual and consolidated 30th of April each year.
Contribution Cards
ALL CLAIM FORMS
To be forwarded
within 5 days of receipt
to employees and their family members