Right to get pf of late husband

You may write under proper acknowledgment to ; Employer, RPFC of jurisdictional PF office.

The following are the simple to read and understand:

THE EMPLOYEES' PROVIDENT FUND AND MP ACT, 1952

What does it mean when section 10(2) of the Act says that the amount standing to the credit of a member in the Fund at the time of his death and payable to his nominee shall vest in the nominee?: Vesting of the amount in the nominee is for limited purpose of receiving the amount from the employer and handing over the same to the heirs entitled thereto. The nominee is merely authorized to receive the amount for the benefit of heirs of the deceased.

Can a nominee of a deceased employee claim an absolute right in respect of the amount of provident fund of the deceased employer?: The nominee cannot claim an absolute right to the amount excluding the right of the heirs. An heir of the deceased employee can always initiate legal proceedings against the nominee for claiming his share in accordance with the law of succession.

THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952

If an employee has a "family", can he make nomination in favour of brother?: No nomination can be made under the E. F. P. Scheme in favour of a person who is not a member of the "family". The word "family" is defined in Para 2(g) of the Scheme and according to the definition brother is not a member of the "family". The nomination made in favour of brother is invalid.

What is the provision of the Scheme in the matter of nomination by a member?: Each member has to make a nomination to receive the amount standing to his credit in the Fund in the event of his death. If he has a family, he has to nominate one or more persons belonging to his family and none other. If he has no family he can nominate any person or persons of his choice but if he subsequently acquires a family, such nomination becomes invalid and he will have to make a fresh nomination of one of more persons belonging to his family. A nomination can be modified by the member at any time. {Para 61}

THE EMPLOYEES' PENSION SCHEME, 1995

Are the family members of a member entitled to any benefit on the death of the member?: Benefits to the Family - On the death of the member -

1. Window Pension:

   1. If the member dies while in service and has paid at least one month's contribution to the Pension Fund;

   2. After leaving the service but before attaining the age of 58 years having rendered eligible service to be entitled for receiving pension and till his death he has not claimed reduced pension after the age of 50 years;

   3. After commencement of pension on Superannuation/retirement etc.;

   4. in (i)

2. In addition to the Window's pension mentioned at (a), two children of the member will get 25% of the Window pension, each till the child attains the age of 25 years.

3. If the wife of the deceased member has predeceased; the two Orphan children will get 75% of the Window pension, as their parents to not exist {Para 16}

What will be the mode of disbursement of pension?: The disbursement of pension will be arranged with agencies like Post Offices, Nationalized Banks or Treasuries. {Para 33}

THE EMPLOYEES' DEPOSIT-LINKED INSURANCE SCHEME, 1976

What is the benefit provided under the scheme?: The benefit provided under the scheme in the nature of life insurance is as follows. On the death of an employee while in service a lumpsum insurance amount is payable to his nominee or family members. The insurance amount is equal to the average balance in the account of the deceased employee in the Provident Fund during a period of 12 months immediately preceding his death. In case the average balance exceeds Rs. 35000.00 subject to a ceiling of Rs. 60000.00. {Para 22}

well elaborated by Mr Kumar Doab.

Seek help from seasoned elders, well wishers, able counsel if required. 

Thank you sir, for your quick support, fromm where will i get proper process to complete the task.

From O/o of your husand.

Meet PRO,APFC,RPFC in nearest PF office.

Or download directory from;

www.epfindia.gov.in

and speak to them.

Seek support from employee's union leaders, local labor law consultant.

you have to meet PF office.

Keep some seasoned and well informed persons by your side.

I have my late husband's employer - managers whoo knows whole senerio of my family, but they have therii PF from Chandigarh where in I stay in mumbai, I have collected all documents of his name (Wedding card, PAN card, Affidavit etc) an have fillled upp the form.

You can submit your representation thru local PF office (under proepr acknowledgment) or by registered post to jurisdictional PF office.

You can download the directory from;

www.epfindia.gov.in