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Narendrakumar (Asstt)     24 December 2012

Eps 1995

My brother was working in ONGC, Ankleshwer Gujarat, He was divorcee so that he had nominate me as

legal heir (Brother). My brother was demised in April 2011 so I have received CPF, Gratuity & other separation

payments...Now I have a filed forms for EPS 1995 but ONGC HR Deptt..confused about pension to nominee..

They have verbly told me that in EPS 1995 no option for pension to nominee (Brother) only dependent father  & monther are entitled for pension...I have read booklet of EPS 1995...there is clearly mentioned for nominee can get pension equal to monthly widow pension where employee has no family or children...

Kindly advise me that I am entiled for pension or not...

Narendra Makwana



Learning

 3 Replies

Kumar Doab (FIN)     26 December 2012

Probably you are referring to:

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

(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).

And probably employer is referring to:

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

(5) (a):

 

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 undersub-clauses (I) and (ii) of clause (a)

of sub-paragraph 2 either todependent father or dependent

mother as the case may be. Ongrant of Pension to such

dependant father and in the eventof 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)

It shall be better to clarify the doubts with employer and resolve the matter by persuasion and clarifications.

 

You may look into;

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.] 38. Inserted by G.S.R. 134

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

 

 

Then you my look into

40[17A. Payment of Pension

Valuable advice of learned experts/members is sought.


Attached File : 386077158 eps95 update102008.pdf downloaded: 105 times

Sudhir Kumar, Advocate (Advocate)     26 December 2012

You are not dependentof the decased.  So no pension.

Narendrakumar (Asstt)     18 March 2015

Shri Sudhir Kumar Ji..

I had claim nominee pension option (equal to widow pension) & after first rejection from RPFC (Due to non-avaibility of original nomination form) finally I have received message from RPFC that my claim is genuine nominee pension claim & settlement of pension claim will shortly.

Nominee pension option exist in EPS-1995 (In only case of non-existence of wife, Children & parents) employee can nominate any person under EPS-95 & such nominee can get pension equal to monthly widow pension.

Thanks

 

 


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