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Labour Laws Central Ministry of Labour and Employment Employees' Provident Funds and Miscellaneous Provisions Act, 1952

Issuance of Revised Frequently Asked Questions (FAQS) for Implementation of Judgment of Hon'ble Supreme Court on higher pension

13-Dec-2023 | No. e-399180/2543

Employees Provident Funds Organization has issued Revised Frequently Ask Questions (FAQ's) on Implementation of Judgment of Hon'ble Supreme Court dated 04.11.2022 on higher pension. Key highlight are: 1. While filing online Application for Validation of Option / Joint Options, no documentary evidence has been submitted as proof of joint option under Para 26(6) of EPF Scheme, 1952. Whether this Application / Joint Option can be rejected on this ground? Ans.: No. The RPFC will obtain any of the documents as mentioned in Answer 1 from the employer and no Application for Validation of Option / Joint Option can be rejected only on this ground if otherwise eligible. It will be the duty of the RPFC to make sure that any of the proofs as mentioned in Ans 1 above is obtained from the employer. 2. How will member pensionable salary be calculated for members of EPS, 95 eligible for pension on higher wages, who retired prior to 01.09.2014 but where the date of commencement of pension is on or after 01.09.2014? Ans.: Since date of commencement of pension is on or after 01.09.2014, the member pensionable salary shall be calculated based on the average monthly pay drawn during the contributory period of service in the span of 60 months preceding the date of exit from the membership of the pension fund. Please refer to the attached document for more information.

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