claiming of pf amount

MADHUSUDAN G R (Querist) 18 September 2015 This query is : Resolved
A female employee, during the delivery, died leaving her husband and the new born baby. The baby is with her grand mother.

The nominatio given by the late employee stands in the name of her husband.

The huband has given no objection for her mother-in-law to claim the PF amount.

The company forward all the papers stating that it has no objection to be given to the mother of the dead employee

But the PF has rejected the claim of the mother-in-law i.e. mother of the dead female employee.

What are the prospects of getting the mother PF amount, if challenged in the labour court?

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Anirudh (Expert) 18 September 2015
The PF Office will not pay to the Mother of the deceased, when the nomination is in the name of her husband.

The Husband who has given the NOC, can very well claim the amount on the basis of the nomination in his favour, and then hand over the amount under acknowledgement to his mother-in-law.

That seems to be the easy way out.

Kumar Doab (Expert) 18 September 2015
The deceased female member (employee) might also be eligible for:

Employees Pension Scheme 1995

Employees Deposit Linked Insurance Scheme, 1976

There is clear distinction between the Employees' Provident Funds Scheme and Employees' Family Pension Scheme.

EPF: Familiy for Female Members: Husband, Children, dependent parent
s, her husband’s dependent parents &
her deceased son’s widow & children

Employees Pension Scheme 1995 (Family for nomination is: husband in the case of female member of the Family Pension Fund..............payabale up to the date of death or remarriage whichever is earlier)

The nomination made is valid.

Husband is also legal heir/successor of deceased wife.

Hence the nominee may stake a claim, collect the proceeds and distribute further as per his sweet WILL.