Help! my father's pension

You can download the

Employees' Provident Funds and Miscellaneous Act, 1952

Employees' Pension Scheme, 1995 (replacing the Employees' Family Pension Scheme, 1971)

From https://epfindia.gov.in/epfo_rules.html

Employees' Provident Funds and Miscellaneous Act, 1952

2. Definitions.

(f) “employee” means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work

of an establishment and who gets his wages directly or indirectly from the employer, and includes any person,-

(i) employed by or through a contractor in or in connection with the work of the establishment;

(ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under the standing orders of the establishment;

Your father was appointed as an apprentice under which scheme?

Was he performing the duties of a regular employee of he was only a trainee/apprentice and was subjected to only training?

After one year he was enrolled as a member of PF scheme. Since he has been a member of PF for 10 years he is eligible to get pension as per the scheme.

He may obtain PF account slips of all these years from employer. Employer is duty bound to supply PF account slips to employee.

https://www.epfochennai.tn.nic.in/benefits.html

2. Pension Benefits
1. Pension to Member
2. Pension to Family (on death of member)
3. Scheme Certificate

• This Certificate shows the service & family details of a member
• This is issued if the member has not attained the age of 58 while leaving an establishment and he applies for this certificate
• Member can surrender this certificate while joining another establishment and the service stated in the certificate is added with the service he is gaining from the new establishment.
• After attaining the age of 50 or above, the member can apply for Pension by surrendering this scheme certificate (if total service is atleast 10 years)
• This is a better choice than Withdrawal Benefit, as a member dies holding a valid scheme certificate, his family will get pension (Death when NOT in service)

3. Withdrawal Benefit

• If not eligible for pension, member may withdraw the amount accumulated in his pension account
• The calculation of this amount is based only on (i) Last average salary and (ii) Service (Not based on actual amount available in Pension Fund Account)

5. No amount is taken from Member to give Pension to the Member. Employer and Govt. contributes to Pension fund @8.33% and @1.16% respectively

6.  EPFO guarantees pension to members, even if the Employer has not contributed to Pension Fund.

You may also go thru.

Frequently Asked Questions

https://www.epfochennai.tn.nic.in/faq.html

For other issues your father may visit a competent and experienced labor consultant/service lawyer well versed with state laws applicable to establishment of your father with all record, documents and give inputs in person. The lawyer shall evaluate the merits and help your father to obtain what is rightfully his.

You are not clear with the facts. Generally there is no post of Apprentice and ther eis no promotion from apprentice to clerk. The apprentice is not employee he simply receives some stipend and is eligible for recruitment (not promotion) by absorption into the post and then only his service starts.

You mean to say that he was getting pay scale of clerk. It is could be apprent he was continuing as Ad-hoc or daily wager who you call apprentice. It is only the perusal of his service book which can reveal the reality. An employe has right to get copy of the service book.

Your father was working in Govt department. The position explained by Mr Kumar Doab will be relevant if the PF was deposited with EPFO. Some Govt organisations are doing so.

In case the PF was with the Govt then he is Govt employee.  He will be leigible for pension if he hs received salary  (not apprentice stipend) for 10 years.

Thanks All,

                  I have came to know that there is govt. order 1754/33-2-97-4g dated 9-6-97 on Staffing pattern which stipulates compulsory absorement of paid-apprentice to regular employee. But I am unable to find this GO online.

What can a employee do if he is not been absorbed in regular service for prolonged years?

I do not find any solution to this problem.

Waiting for your positive response.

If you really have copy of such order and if it fits into the cae then you father should have long back file dcase in appropriate court.

you have still nto clarified if the PF was deposited with Gov tof EPFO.  This information is vital.

Dear Sir,

My father is covered under GPF scheme. GPF was deducted after 1 year from joining of service.

A brief descripttion of General Provident Fund (GPF) rules and conditions of central government employees  are  given below. 

1: Applicability:

The GPF rules are applicable to those central Government  employees who have been appointed on or before 31-12-2003.

2: Eligibility:

Temporary Government Servants after the service of one year, re-employed pensioners and permanent Government servant shall subscribe to GPF compulsory. Temporary Government servants may subscribe to GPF even before competition of one year’s service.

3: Amount of Subscripttion:

A sum (in Whole rupees) as fixed by the subscriber , subject to minimum of 6% of emoluments and not more than his total emoluments.

Emoluments means pay + grade pay, leave salary and any remuneration of the nature of pay received in foreign service. It does not include Dearness Allowance (DA).

4: Minimum Subscripttion:

It should be fixed with reference to the emoluments on the 31st March of the preceding year and in the case of the subscribers to the emoluments on the date of joining the fund.

5: Enhancement and Reduction:

Subscripttion may be increased and / or reduced once at any time during the year.

6: Suspension of Subscripttion:

Subscripttion to the fund shall be stopped during suspension and at the option of the Government servant during leave on half pay, leave without pay and dies non. Proportionate subscripttion to be recovered for the period of duty and any leave other than HPL / EOL.

7: Recovery

Recovery to be stopped 3 months before retirement on superannuation. No subscripttion should be recovered during the last three months of his service.

8: interest for 2008-2009:

8%.

9: Nomination:

A subscriber can nominate one or more persons conferring the right to receive his GPF amount in the event of his death. If more than one person is nominated, then the amount or share payable to each should be indicated separately. A subscriber may cancel nomination at any time and send a fresh notice.

10: Family:

“Family” includes wife / wives except judicially separated wife, husband (unless expressly excluded), parents, a paternal grandparent when no parent is alive, children (including adopted children) , minor brothers, unmarried sisters and deceased son’s widow and children.

So my question is what will be qualifying year of service of my father? 9.5 years or 25 years? Whether he will be elegible for pension or not?

Please help me out!

You have not stated as to from which date (with reference to service book entry) did the regular service start. Temporary status (not  ad-hoc) is also regular service.

Dear Sir,

I went my father's office yesterday. When I asked for service book, then they gave me newly prepared service book in which service from 1987 to 2003 is stating as:

(Iin half page)

From Sep 2003 they have indicated that "On the persual to the order by........ Mr........ has been promoted to Clerk from Paid Apprentice w.e.f. Sep 2003.

(All above lines were in Hindi)

When I asked that whether he was getting salary or stipend then they said Stipend. When I asked about leaves then they said he was not entitled for any paid leaves. Actually my father was entitled for same leaves including Medical and casual as clerk.

Actually they have misplaced the original service book of my father.

When I asked that my father then he said that his service book was prepared earlier and his details including grade pay was mentioned there.

It means he was getting grade scale in pay. It indicates that he was not getting stipend.

I have also got informed that In office of my father there is rule that 

"every employee must join as "Paid Apprentice" and after 1 year of joining he will be absorbed as Clerk."

Every employee have completed is job as "Paid Apprentice" and after that he is working a Clerk.

If my father was not got absorbed as clerk but working as "Paid Apprentice", then is he no eligible for retirement benefits?

Please help soon!

Sorry instead "Samvida Prashichhu" "Savaitenik Sishuch" was there..

you better take copyy of reconstructed service book under RTI (or your father can directly ask for the same) alongwiht the details of persons resoponsible for loss of original one.

Without this you will not  be able to consult any kawyer in your locality for worthwhile advise.

further you father also has to submit pension claim as without having made a claim and refusal theeof, no court will entertain case particularly in service matters.