Jerome Noronha (HR Manager) 10 October 2012

Release of final/pf benefits

Dear, We had one of our staff proceed on vacation and due to domestic disturbance he commited suicide. Now the question is to whom will the end of service benifits be released to..... 1) Mother claimes that the deceased was the only earning member and the benefits need to go to her. While the wife claims that she should get the benefits as she has to take care of herself and 01 year old child.

2) PF nomination form filled by the staff nominated his brother 02yrs back- not married then)

3) Legal heir certificate provided by the wife has the name of mother, wife and child. however point 1 comes to play here.

2) What are the documents we are to obtain that we as an organization protect ourselves legally and also the benenfits goes to the right/deserving person?

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2 Replies

Ms. Mary S (Manager - HR) 10 October 2012

Dear Jerome,

As per PF Act, Dependent Parents and the spouse is eligible for the benefits.

Nomination in Brother's name stands cancelled once the insured gets married.

For the organisations benefit, you can collect only the Legal Heir Certificate and can proceed further.

You have to fill in Form 20, 5IF and 10D individually from his parents and the spouse.

Since the child is only one year old, mother will be the guardian and when the child grows up, benefit will be given seperately.

Hope this is clear. For clarifications you can call me.

Regards,

Mary

Kumar Doab (FIN) 12 October 2012

Mary has given valuable advice.Kindly follow it.

https://www.epfindia.gov.in/faq.htm

point Number 18."The employer of an un-exempted establishment has to forward the following returns."

9) What is meant by Family?

Family means employees' spouse and children below 25 years of age.

10) Suppose an employee does not have a Family and he/she dies before receiving benefit. Does his/her pension get lost?

No, if he/she does not have a family, benefits will be paid to his/her nominee, who will receive the benefit in his/her absence.

11) Suppose member has not nominated anyone.

The pension / ROC will be paid to the dependent parents.

12) Can member change his/her nomination?

He/She can change his/her nomination whenever he/she decides within the framework of rules for such nomination. In other words if he/she has a family, nomination should be in favour of a member(s) of the family. If he/she has no family he/she can nominate anyone he/she wishes.

18) What are the periodical returns to be sent by an employer to the Provident Fund Office?

The employer of an un-exempted establishment has to forward the following returns. These returns will include details required under the three schemes namely, Employees Provident Fund Scheme, 1952, Employee Deposit Linked Insurance Scheme,1976 and Employee Pension Scheme, 1995.

a) Form-9(Revised):

The details of employees enrolled as members of Employees' Provident FundS'52, Employees' Deposit Linked Insurance'76 & Employees' Pension Scheme'95 on coverage of the establishment- This is to be submitted immediately after coverage, within 15 days of coverage.

b) Form-12A:

The details of the contributions recovered form the members & paid along with details of employers' contribution & administrative charges- This is to be submitted monthly by 25th of following month.

c) Form-5:

The details of the employees enrolled newly to the Provident Fund- To be submitted along with Form-12A every month within 15 days of the following month.

d) Form-10:

The details of the employees leaving service during the month- To be submitted along with form-12A.

e) Challans:

The triplicate copy of challans in token of having remitted the Provident Fund dues in the bank- to be submitted along with form-12A every month.

f) Form-2(Revised):

Nomination form- To be submitted along with form-5/9.