Employees Pension Scheme 1995
Employees Pension Scheme 1995
Employees Pension Scheme 1995
BOOKLET ON SALIENT FEATURES OF EMPLOYEES PENSION SCHEME 1995 AND CALCULATION OF PENSION.
CONTENTS
Sr. No.
Particulars
Page No.
1.
Benefits under EPF Scheme 1952, EDLI Scheme 1976 and Employees Pension Scheme 1995
3-5
2.
3.
7-8
4.
Scheme Certificate
5.
10
6.
Determination of Pension-Calculation, monthly member pension, disabled pension, widow pension, children pension, orphan pension, nominee pension and dependant parent pension
11-30
7.
Commutation of pension
31-32
8.
Return of capital
33-34
Pension is based on age, wage and service of an employee at the time of his leaving service. The payment of Pension is guaranteed and assured even in cases where the employer fails to deposits the pension contributions.
Any child in a family with total and permanent disablement will receive Children Pension till death. The pension can be drawn anywhere in India. The employees with less than 10 years of service on the day of superannuation may avail the benefit of withdrawal from Pension Fund. Where an employee has not served for 10 years on the date of leaving service, he may obtain a Scheme Certificate so as to continue his membership during un-employment period and the same can be used to count the previous service as and when he joins another establishment covered under the Act. The employees who have not contributed to the Employees Family Pension Scheme, 1971 can also join the Employees Pension Scheme before attaining the age of 58 years, at their option, after paying the contribution and interest upto-to-date. The Pension quantum is determined separately for the period of service from 1.3.1971 to 15.11.1995 as fixed amount. This is known as Past Service benefit. The Pension for the service rendered after 15.11.1995 is calculated through formula namely,
Pensionable Salary x Pensionable Service 70 An employee on his superannuation is entitled for Pension (through the above formula) upto 60% of the pensionable salary. (Pensionable Salary would mean, the salary drawn by the employee for a period of 12 months prior to the date of superannuation).
By a Member
Form 10-D
1.
2.
Monthly Member Pension With or without the option for commuted value of Pension and / or Return Capital . Monthly disabled Member Pension
- DO -
3. 4. 5.
It is sufficient to submit a single application in the prescribed form, irrespective of the number of beneficiaries. If the place of payment falls outside the jurisdiction of Regional Office/Sub-Regional Office , the application in Form 10-D should be sibmitted, in duplicate.
Wherever the period of past service or Actual service after excluding the period of Break in Service / non contributory service is more than 6 months but less than ten years, the Withdrawal benefit is to be paid. It is clarified that the period of eligible service for 9 years and 6 months and above is construed as 10 years and in such cases the payment of Return of contribution / withdrawal benefit does not arise. QUANTUM OF WITHDRAWAL BENEFIT (Where the service is 6 months or more separately under past service and Actual service but less than ten years) The withdrawal benefit is to be calculated with reference to tables A & B &D (i.e., A X B +D ) In cases where the eligible service is past service only: In this case, the quantum of benefit is worked out with reference to Table A only as explained above. In cases where the eligible service is Actual service only: In this case, the quantum of benefit is worked out for the Actual Service (arrived at after excluding the non contributory service) with reference to Table D only, as explained above. However, if the member has not attained the age of 58 years on the date of exit, he may opt for Scheme Certificate.
In cases where the eligible service is Past Service & Actual service :
Past Service [FPF 1971] Actual Service [EPS 95] (a). Date of cessation 15.11.1995 16.03.2000 (b). Date of Joining 01.01.1991 16.11.1995 (a). (b). 14.10.0004 00.03.0004 (c). NCP days --00.03.0000 (d) Rounded off 5 years 4 years (e) Wages as on 15.11.1995 & Rs.1724/Rs.3012/Date of exit. (f). Proportion of Pay as per Table A 1.06 4.18 And Table D (g). (e) x (f) 1724X1.06=1827.44 3012X4.18=12590.16 1827 X 1.536 = 2806
(h). Additional Benefits for past Service for existing members as per Table B (i).Total withdrawal Benefit Payable 2806 + 12590 = 15396
SCHEME CERTIFICATE
A member who has put in an eligible service of 10 years or more on the date of his exit and has not attained 58 years of age is eligible for Scheme Certificate only. However, if the member attains the age of 50 years and opts for reduced pension, he will be paid reduced pension. The member may apply for Scheme Certificate even if the eligible service is less than 10 years and he has not attained the age of 58 years.
BENEFITS GUARANTEED FOR SCHEME CERTIFICATE HOLDER: (a) The Scheme Certificate will enable the member to carry forward his eligible service as and when he changes his employment. (b) The different spells of membership under different Employers will enable the member to consolidate the service to get the pensionary benefits subject to fulfilling other eligibility conditions. (c) In the event of death of the member who has not put in the eligible service of 10 years before attaining the age of 58 years and subsequent to the issue of scheme certificate, the Widow and Children are entitled for pensionary benefits. In case the death of the member occurs after attaining age of 58 years the family will be eligible only for withdrawal benefit and not family pension. Non-issue / non-claim of scheme certificate will not forfeit the membership A Scheme Certificate holder on joining a new establishment covered under the act must surrender the scheme certificate for onward transmission to RPFC concerned.
MONTHLY MEMBERS PENSION [PARA 12] FOR PAST SERVICE & PENSIONABLE SERVICE Payment of Monthly Member Pension (MMP) is permissible if a member has rendered eligible service of 10 years or more and retires on attaining the age of 58 years. In some cases the member may retire at an age earlier than 58, having completed more than 10 years of pensionable service. The pension in such cases is payable only after the member attains the age of 58. A member, if he so desires, may draw pension earlier than the age of 58 but not earlier than 50 years. In such cases, the amount of pension will be reduced at the rate of 3% for every year, the age falls short of 58 years. (1) A Member shall be entitled to :-
(a) Superannuation pension if he has rendered eligible service of 20 years or more and retires on attaining the age of 58 years (b) Retirement pension, if he has rendered eligible service of 20 years or more and retires or otherwise ceases to be in employment before attaining the age of 58 years; (c) Short service pension, if he has rendered eligible service of 10 years or more but less than 20 years. Minimum Eligible Service for entitlement to Member monthly Pension is Ten Years. However it is one month for Widow/disablement pension. ELIGIBLE SERVICE FOR OLD MEMBERS LEFT PRIOR TO 15.11.1995: Past service from 01.03.1971 or the actual date of enrolment upto 15.11.1995.
ELIGIBLE SERVICE FOR NEW MEMBERS: Actual Service from 16.11.1995 or the actual date of enrolment upto the date of exit from employment or attainment of 58 years of age, whichever is earlier.
11
Will be aggregate of Past Service (upto 15.11.95) and Actual Service (on or after 16.11.1995). PENSIONABLE SERVICE After arriving the aggregate of Actual service, the period of non contributory service, if any, should be deducted. The period of service thus arrived is known as Pensionable Service. There is no stipulation of minimum period of Pensionable service. It may be less than 10 years also. The minimum eligible service of 10 years is only to determine the entitlement of pension; The Pensionable Service is to determine the quantum of pension only (adopting the factor prescribed). Where the Pensionable service is 20 years or more, a weightage of 2 years is to be added. As the Scheme stands as on date, the application of weightage will arise only in the year 2015.
CALCULATION OF M.M.P WHERE PAST SERVICE ALONE IS ELIGIBLE SERVICE (For Old member) S.No. Particulars 1. Name of the member 2. Date of birth 3. Date of joining FPF membership 4. Date of exit 5. Age at Exit 6. Age as on 15.11.1995 7. Pay as on 15.11.1995 8. Past Service period 9. Pensionable Service Period 10. Pensionable Salary Details A 01.02.1936 15.11.1980 01.02.1994 58 years 59 years Rs.3500/15 years 0 years Rs.0
(a) Past Service Pension for 15 years under Rs.105.00 Para 12(3)(b)(i) (Not multiplied by Table B
12
( No pensionable Service =Rs.0 (a) + (b) =Rs.105.00 (c), But, Minimum assured eligible pension under para 12(5)(b) = Rs.500.00 For 24 years of past service. (d). Minimum pension for 15 years service = 500 X 15 / 24 = Rs.313.00 Pension Payable as above is = Rs.313.00 The amount of pension payable shall be Rs.313/- per month for life from the date following the date of retirement i.e. 02.02.1994.
13
In respect of those falling under the category of existing members, the monthly members pension is computed as under:(a) (b) Pensionable Service Pension benefit as per the prescribed formula. And Past service pension benefit
The aggregate of (a) and (b) above will be Monthly Members Pension. While reckoning the Monthly Members Pension, the following factors are considered: i) age of the member as on 16.11.95 ii) years of past service iii) salary iv) Quantum of Past service benefit as on 16.11.95 v) Factor to multiply the past service pension, for period between 16.11.95 and date of attaining 58 years age; vi) Minimum quantum prescribed for factor pension; Pension with 24 years of past service Pension with service less than 24 year To determine the age as on 16.11.95, the existing members are divided into 3 categories: (1) Not attained the age of 48 years (2) Attained the age of 48 years but less than 53 years; and (3) Attained the age of 53 years or more The years of past service is grouped into 4 categories i.e. (i) upto 11 years (ii) More than 11 years but upto 15 years (iii) More than 15 years but less than 20 years (iv) Beyond 20 years The Salary as on 16.11.95, was divided into two groups, i.e., (i) Salary upto Rs.2500/- per month (ii) Salary more than Rs.2500/- per month The Past Service benefit payable on completion of 58 years of age of 16.11.95 Years of Past Salary upto Rs.2500/Salary more than Service Per Month Rs.2500/-per month (1) (2) (3) (4) (i) (ii) (iii) (iv) Upto 11 years More than 11 years but up to 15 years More than 15 years but less than 20 years Beyond 20 years 80 95 120 150 85 105 135 170 14
Wherever the member completes the age of 58 years after 16.11.95, the quantum of Past service pension benefit, given in the Table above will be multiplied by the factor given in Table B corresponding to the period between 16.11.95 and date of attainment of 58 years of age. The minimum Pension prescribed at different stages are as under in Superannuation cases (after attaining age of 58 years) :Category Age at 16.11.95 (2) Less than 48 yrs Between 48 yrs and less than 53 yrs 53 yrs and above Minimum for Formula Pension (3) 635 438 Minimum for 24 yrs Past Service (4) 800 600 Minimum for Service less than 24 yrs (5) 450 325
(1) X Y
335
500
265
PENSION COMPUTATION FOR X Category [PARA 12(3) ] S.No. Particulars 1. Name of the member 2. Date of birth 3. Date of joining FPF membership 4. Date of exit 5. Age at Exit 6. Age as on 15.11.1995 7. Pay as on 15.11.1995 8. Past Service period 9. Pensionable Service Period 10. Pensionable Salary Details X 30.11.1947 08.08.1971 30.11.2005 58 years 47 years Rs.5000/24 years 10 years &14 days ( less than 11 years) Rs.6500/-
(a) Past Service Pension for 24 years under Para 12(3)(b)(iv) multiplied by Table B Factor for less than 11 years.
170 X 2.720
= 462.00
(b).Pensionable Service 10 Years Rs.6500 X10 Pension payable higher of formula pension or ---------------- = Rs.929/Rs.635/- {Age below 48 Yrs on 15.11.1995} 70 (minimum assured eligible formula pension Rs.635/) 15
Pension Payable as above (a) + (b) But Minimum pension assured On attaining age 58 years with 24 yrs Past Service membership.
Pension payable is more than the minimum pension | Assured (Rs.800/-) under para 12 (3)(b). | As such MMP payable in this case w.e.f. 01.12.2005 is |
= Rs.1391.00
16
S.No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Particulars Name of the member Date of birth Date of joining FPF membership Date of exit Age at Exit Age as on 15.11.1995 Pay as on 15.11.1995 Past Service period Pensionable Service Period Pensionable Salary
Details Y 30.11.1942 01.08.1971 30.11.2000 58 years 52 yrs 11mts 14 Days 52 yrs Rs.5000/24 yrs 5 yrs 0 mts 14 days 5 yrs Rs.6500/-
(a) Past Service Pension for 24years under 170 X 1.689 = 287.00 Para 12(3)(b)(iv)-multiplied by Table B Factor for less than 6 years. (b).Pensionable Service 5 Years Rs.6500 X 5 as per formula subject to minimum of ---------------- = Rs.464/Rs.438/- {Age between 48 53 Yrs on 15.11.1995} 70 (Minimum assured eligible formula pension = Rs.438/-) Pension Payable as above (a) + (b) But Minimum pension assured On attaining age 58 years with 24 yrs Past Service membership. Pension payable is more than the minimum pension | Assured (Rs.600/-) under para 12 (4)(b). | As such MMP payable in this case w.e.f. 01.12.2000 is | - Rs.287 + 464 = Rs751/= Rs.600.00 | |
= Rs.751.00
17
S.No. Particulars 1. Name of the member 2. Date of birth 3. Date of joining FPF membership 4. Date of exit 5. Age at Exit 6. Age as on 15.11.1995 7. Pay as on 15.11.1995 8. Past Service period 9. Pensionable Service Period
Details Z 30.11.1937 01.08.1971 30.11.1995 58 YEARS 58 YEARS Rs.6500/24 yrs 3mts14 days 24 years 0 years 0 mts 15 days Nil Rs.6500/-
10.
Pensionable Salary
(a) Past Service Pension for 24 years as per | Para 12(3)(iv) -multiplied by Table B | Factor for less than one year. |
(b).Pensionable Service 15 days Pension payable Rs.0/-( ZERO) after rounding off of 15 days, Pensionable service is nil. As such no Pensionable service pension. Pension Payable as above (a) + (b) Total Rs.178 +0 = Rs.178/-
Total pension entitlement being less than minimum pension prescribed (for 24 yrs Past Service) Rs.500/- pm. The actual pension payable for 24 years in this case is Rs.500/- w.e.f. 01.12.1995. The Pension is payable monthly, from the date following the date of attaining 58 years of age in case of superannuation, even though he may continue in service. MEMBERS ATTAINING 58 YEARS OF AGE CONTINUING IN SERVICE BEYOND 58 YEARS OF AGE PENSION TO BE GRANTED NO DIVERSION OF PF CONTRIBUTION TO THE PENSION FUND Such of the members who attain the age of 58 years but still continue in service beyond the age of 58 years would start getting pension on attaining the age of 58 years. Thereafter no diversion of PF contribution to the Pension Fund would require to be made. The employers share of contribution in respect of them will remain in their respective provident fund account DISABLED MEMBER PENSION [PARA 15]
18
A Member, who is permanently and totally disabled during the employment shall be entitled to pension as admissible under sub-paragraphs (2) to (5) of paragraph 12 as the case may be subject to a minimum of Rs.250/- per month notwithstanding the fact that he / she not rendered the pensionable service entitling him / her to pension under paragraph 12 provided that he / she has made at least one months contribution to the Pension Fund. CONTINGENCY FOR PAYMENT If an employee retires from service on account of any bodily or mental infirmity, which permanently and totally incapacitated him for performing all work, which he was capable of performing at the time of disablement, regardless whether such disablement is sustained in the course of employment or otherwise The member should undergo a medical examination before the Medical Board of the area constituted either by the Central or State Government or the Employees State Insurance Corporation or any other local authority competent to constitute such a Medical board.
QUANTUM OF PENSION The quantum of disabled pension is to be determined with reference to the prescribed for Monthly Members Pension. formula
This will be subject to a minimum of Rs.250/- per month. The member who is entitled for disabled pension is also eligible to avail the benefit of Return of Capital. However he is not eligible to avail the benefit of commutation. Wherever the member opts for Return of Capital, the actual pension payable shall be reduced by 1% and the return of capital shall be further reduced by Rs.1000/- for every year by which the age of commencement of pension falls short of 50 years. This reduction in the quantum of pension and Return of Capital should be made applicable only in the cases where the member is disabled before attaining the age of 50 years, and is opted for return of capital. This 1% reduction in pension is in addition to reduction of pension @ 3% for every year the age fall short of 58 years till 50 years as per sub-para 7 of paragraph 12 of the Employees Pension Scheme, 1995. COMMENCEMENT The disabled pension is payable from the day following the date of disablement and consequent exit from the employment. The pension is payable for life time of the member followed by family pension to widow and children.
19
Rs.67.50
Consider a disabled Pensioner aged 35 Original Pension Rs.500/- opted for ROC ROC Pension in normal course would have been Rs.450/- and ROC as Rs.50,000/In case of Disabled Retirement Reduction in ROC = Rs.450 x .01 x (50 35) = ROC Pension Payment = Rs.450 Rs.67.50 = Rs.382.50 Return of Capital = Rs.50,000 (50 35) x Rs.1,000 = Rs.35,000
MEDICAL CERTIFICATE PROFORMA TO BE OBTAINED FROM MEDICAL BOARD [To be completed by the Medical Board on examining the disabled member] 1. 2. 3. 4. 4. Name of the Member:Fathers Name:EPF A/C.No:Name of the Establishment in which he / she Working:Residential Address:Nature of disablement sustained in the course of employment or otherwise:Date on which disablement sustained:Whether the relevant nature of disablement has resulted in permanent and total disablement: (if so , please certify so in clear terms and furnish the relevant details including the percentage of disablement) Whether the Member is permanently and totally unfit for employment:-
4. 6. 6.
7. 8.
9.
20
10.
Whether permanent total disablement incapacitated the Member employee for all work which he / she was Capable of performing at the time of disablement:-
11. Name of the Central / State govt/ESIC Hospital with Full address:12. Members of the Medical Board who have examined The disabled member. Name to the Members of Medical Board 1. 2. 3. Designation
13.Report of the Medical Board and their recommendations: Note: The Medical Board to be clearly certify the permanent And total disablement of the member after examining on the Above lines [Refer para 2(XVII), 15(3)] 14.Signature of the members of the Board with Office Seal and date:1. 2. 3.
_____________________________________________________________________________ To The Regional Provident Fund Commissioner / Officer-In-charge Regional / Sub-Regional / Sub-Accounts Office
21
The family of a member includes spouse, sons and daughters (including legally adopted children). The children whose age is beyond 25 years also falls under the definition of family. Benefits to the family on the death of a member: On death of a member, the family (spouse and children below 25 years) is entitled to receive monthly family pension. The occurance of death is divided into three categories as indicated below: OCCURANCE OF DEATH CONDITION FOR PAYMENT Para 16 (1) (a) Death while in Having paid atleast 1 month or part of service (before attaining the age of 58 a months contribution**. years) Para 16 (1)(b) Death after the date With 10 years eligible service Or of exit. (During out of below 10 years eligible service. employment) (Before attaining 58 years) Para 16 (1) (c) Death after commencement of pension (as a pensioner) No condition
QUANTUM OF PENSION DEATH WHILE IN SERVICE (a) After attaining the age of 50 but not 58 years (b).After attaining the age of 50 but not 58 years With 10 years eligible service Without 10 years eligible service Para 16(2)(a)(i) Widow pension shall be Equal to MMP which would have been admissible as if the member had retired on the date of death or Rs.450/or the amount indicated in Table C which ever is more.
22
S.No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Particulars Name of the member Date of birth Date of Death Age at Exit Age as on 16.11.1995 Pay as on 16.11.1995 Past Service period Pensionable Service Period Pensionable Salary Years to Age 58 (from 16.11.95)
Details AA 10.09.1955 31.01.2002 46 years 40 years Rs.3969/21 years 6 years Rs.5918 11 yrs 7 mts 8 days. 12 years
(a) Past Service Pension for 21 years under = Rs.170.00 Para 12(3)(b)(i) (Multiplied by Table = Rs.316.00 (for less than 7 yrs) 1.858 x 170). (b) Formula pension 5918x6 70 =Rs.507.00 (a) + (b) 316+507 =Rs.823.00 In case of Death of the member while in service 1). Amount of monthly member pension as above =Rs. 823.00 2).Amount indicated in Table C(As amended on 27.09.2001) =Rs.1996.00 3). An amount of Rs.450.00 (Prescribed minimum Widow pension) =Rs. 450.00 Higher of 1 or 2 or 3 =Rs.1996.00 Widow pension payable is Rs.1996/Children pension payable (25 % of Widow pension of Rs.1996/-) is Rs. 499/-(per Child) Orphan pension payable (75 % of Widow pension of Rs.1996/-) is Rs.1497/-(Per Orphan)
DEATH AFTER THE DATE OF EXIT Para 16(2)(a)(ii) With 10 years eligible Widow pension shall be service Equal to MMP which have been Without 10 years eligible would Before attaining the age service admissible as if the of 58 years member had retired on the date of death or Rs.450/or the amount indicated in Table C which ever is more CALCULATION OF WIDOW PENSION IN CASE OF DEATH AFTER EXIT FROM EMPLOYMENT S.No. Particulars Details 23
1. 2. 3. 4. 4. 5. 6. 7. 8. 9. 10.
Name of the member Date of birth Date of Exit Date of Death Age at Exit Age as on 16.11.1995 Pay as on 16.11.1995 Past Service period Pensionable Service Period Pensionable Salary Years to Age 58 (from 16.11.95)
BB 01.02.1955 21.02.2000 02.03.2000 45 years 40 years Rs.3500/15 years 4 years Rs.5000 12 yrs 10 mts 29 days. 13 years
(a) Past Service Pension for 15 years under = Rs.105.00 Para 12(3)(b)(i) (Multiplied by Table B = Rs.161.00 (for less than 5 yrs) 1.536 x 105). (b) Formula pension 5000x4 70 =Rs.286.00 (a) + (b) 161+286 =Rs.447.00 In case of Death of the member after exit from employment 1). Amount of monthly member pension as above =Rs. 447.00 2).Amount indicated in Table C(Prior to amendment dated. 27.09.2001) =Rs.1750.00 3). An amount of Rs.450.00 (Precribed minimum Widow pension) = Rs. 450.00
Higher of 1 or 2 or 3 =Rs.1750.00 Widow pension payable is Rs.1750/Children pension payable (25 % of Widow pension of Rs.1750/-) is Rs. 438/-(per Child) Orphan pension payable (75 % of Widow pension of Rs.1750/-) is Rs.1313/-(Per Orphan)
Para 16 (2)(a)(iii)
24
-------
CALCULATION OF WIDOW PENSION - DEATH OCCURRED AFTER SUPERANNUATION / AFTER COMMENCEMENT OF PENSION. ASSUMING MEMBERS PENSION Widow pension (50 % of members Pension) Rs.1600/- p.m Rs. 800/- p.m
(Children Pension will be paid in addition to Widow Pension maximum upto two children at a time)
CHILDREN PENSION - [PARA 16(3)] The family of a member includes spouse, sons and daughters (including legally adopted children). The children whose age is beyond 25 years also falls under the definition of family. CONTINGENCY FOR PAYMENT: The surviving children of the deceased member, shall be entitled to a monthly Children Pension in addition to the widow / widower pension. The monthly children pension shall be admissible to all surviving children who have not attained the age of 25 years. However it shall be admissible to maximum of two children at a time and will run from the oldest to youngest child in that order irrespective of whether the eligible child is through first or second wife and so on. CONDITIONS FOR ELIGIBILITY: Monthly Children Pension for each child shall be payable until the child attains the age of 25 years. On the date of death of the member, the children should not have attained the age of 25 years. Legally adopted children shall also be eligible for pension. QUANTUM OF PENSION:
25
Monthly children pension for each child, shall be equal to 25 % of the Pension admissible to the Widow of the deceased member subject to a minimum of Rs.150/- per month. CALCULATION OF CHILDREN PENSION This is paid in addition to widow pension maximum upto two children Rate of Pension child Assuming that widow pension is If the widow has two children years will be paid 25 % of widow Pension for each
26
The orphan pension will commence from the date following the date of death of the member (without leaving a spouse) or widow / widower, or remarriage of widow / widower. The Orphan pension will cease on attaining the age of 25 years or death of orphan whichever earlier. CALCULATION OF ORPHAN PENSION Widow Pension Rs.800/- per month
Widow dies leaving two orphans aged 12 & 8 Orphan Pension each orphan Orphan Pension = 75 % of 800 orphan. 75 % of Widow pension to
Rs.600/- per
month per
27
The family of a member includes spouse, sons and daughters (including legally adopted children). The children whose age is beyond 25 years also falls under the definition of family. A member is required to execute nomination in Form 2 (Revised) in favour of a person to receive pension in the event of his death under following contingencies. 1). A member who is not married or who does not have a living spouse and or children below the age of 25 years 2). A member who is married but does not have a living spouse and living children. 3). If the member has no living spouse and all children attained the age of 25 years. The nominee appointed by the member will be paid pension. If the member has a Family, the person nominated should fall within the scope of definition of Family. Nomination in favour of spouse has no relevance as he/she is an automatic beneficiary for family pension. A member who is not married or who does not have a living spouse and or children below the age of 25 years shall nominate a person of his choice. The nomination should be in favour of one person only. In the event of member acquiring a family subsequently, the nomination made in favour of a person not falling within the family shall become void. Normally, children who attained the age of 25 years are not eligible for children pension. However, if the member has no living spouse and all children attained the age of 25 years, he should nominate any one of his children, irrespective of their age and marital status to receive the monthly pension. The eligibility of pension to nominee would arise only when a member who does not have any living spouse and or eligible child dies while in service or after the date of exit (before 58 years). Further in the case of death after leaving service, before 58 years of age, the member should have rendered 10 years eligible service and should not have availed reduced monthly pension. In case requisite service of 10 years is not there, the nominee shall entitled to ROC only under para 13 (1) of the EPS, 1995.
28
The quantum of nominee pension will be equivalent to the widow pension, as under:In case of death while in service || ------------------------------------------------------| Death after the date of exit with 10 years | eligible service before 58 yrs of age | Equal to MMP or Rs.450/- or Amount in Table C whichever Is more. .
Para 16 (5)(b) Death after the date of exit without 10 years - Not entitled for monthly pension eligible service before 58 yrs of age under para 12. Entitled to ROC as provided under Para 13(1)-(in lieu of pension) If a member is not entitled to a pension at the date of exit then his beneficiary cannot receive a pension under Para 16(5)(b). Nominee beneficiary will not receive pension, but his/her benefit shall not be less than Capital Value of notional Pension otherwise payable to the member. EXAMPLE-1: Date of Joining : 1.12.1995; Date of leaving : 1.1.1996; Salary Rs.5,000/Date of death : 15.2.1996 Notional pension should be based on the Scheme formula: Rs.5000 x 1/70=Rs.71. So, nominee beneficiary will get Rs.71 x 100 times =Rs.7100/as Capital Value of Pension. EXAMPLE-2: Date of Joining : 07.12.1988; Date of Leaving : 15.12.1996; Date of death:01.04.1997 Salary Rs.5000/Past Service Pension = Rs.85/Pensionable Service -Pension = Rs.5000X1/70 = Rs.71/-. Notional Pension Payable = Rs.85+Rs.71 =Rs.156/-. So, Nominee beneficiary will get as Capital Value of Pension=Rs.156 X 100 =Rs.15,600/-
Date of Exit : 01.01.2005; Date of death:01.08.2005 Salary Rs.5000/Past Service Pension = Rs.0/Pensionable Service -Pension = Rs.5000X9/70 = Rs.642/-. So, Nominee beneficiary will get Rs.642 X 100 = Rs.64,200/as Capital Value of Pension.
PAYMENT OF PENSION TO PARENTS Clause (aa) of Sub-para (5) of Para 16 (inserted vide Govt. of India Notification dated 22.2.1999 published vide GSR No.66 Gazette of India March 6, 1999) entitles the dependent parents of a member of the Employees Pension Scheme, 1995 who dies leaving behind no spouse and/or an eligible child and no nomination by such deceased member exists.
30
hundred times the monthly pension so commuted as commuted value of pension. Balance pension will be paid on monthly basis as per option exercised under Paragraph 13. It is a lump sum one time payment. Commutation of pension is effective from 16.11.1998 onwards. Commutation can be made upto a maximum of 1/3rd of pension. It implies that the member pensioner can commute at any percentage rate not exceeding one third (33.33%) of the original monthly pension.
Example: Normal Pension under Para 12 1/3 rd Commutation Commuted Value of Pension Balance Pension Payable = Rs.600/= Rs.600/- X 1/3 rd = Rs.200/= Rs.200/- X 100 = Rs.20,000/= Rs.600/- - 200=Rs.400/-
The commutation amount of Rs.20,000/- shall be paid at the time of exercise of option for commutation through Form 10 D
31
CALCULATION OF REDUCED PENSION UNDER PARA 13(1) AFTER COMMUTATION OF PENSION AND ON EXERCISING OPTION FOR RETURN OF CAIPTAL: In such cases (i.e. after commutation of pension), the reduced pension as provided under Para 13(1) shall be calculated on the original monthly pension. The following example will illustrate: a) Original Monthly pension under Para 12 Amount of pension commuted under Para 12A Amount of commuted value of pension (200 X 100 = 20,000 ) b) Balance of original monthly pension (600-200) Reduced pension under Para 13(1) for ROC (Reduction For option-I at the rate of 10 % of original pension) (600-200-60=340) Pension in payment (on commutation and Return of Capital Rs. ROC as per the option exercised (400 X 100 = Rs.40,000 {Option 1 & 3}) (400 X 90= Rs.36,000 {Option 2}) c) Spouse pension on death of Member pensioner [ 50% of original monthly pension as at (a)] Rs. Rs. 200 Rs.20,000 Rs. Rs. 340 340 600
400
Rs.
300
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Revised pension during life 90% of original monthly 100 times the original monthly pension on time of member with Return pension death of member to of capital on his death the nominee.
Revised pension during the life time of member, further reduced pension during life time of the widow or her remarriage whichever is earlier and return of capital on widows death/remarriage Pension for a fixed period of 20 years not withstanding whether the member lives for that period or not.
90% of original monthly pension to the member. On his death 80% of the original monthly pension to the widow
90 times the original monthly pension on death of widow / remarriage to the nominee
87.5% of the original monthly pension for a fixed period of 20 years. The pension will cease thereafter.
100 times the original monthly pension at the end of 20 years from the date of commencement of pension to the member if he is alive, otherwise to his nominee.
This option should be exercised at the time of submission of application seeking pension in Form 10D (Pension ) itself . The option once exercised is final and irrevocable. If no option is exercised in the application in Form 10D for Return of capital the member shall be deemed not to have exercised any option for return of capital. The details of the nominee in Part B of Form 2 are for the purpose of paying pensionary benefits to the family members under Para 16 of the Scheme only and hence the member should indicate the details of the nominee for the Return of capital in Form 10D itself. 33
The nominee shall mean a person nominated by the member through From 10 D only. The nominee should be the one falling under the definition of Family as defined in Para 2(vii) of the Scheme i.e. Spouse, sons & daughters only. If the member has no family i.e. spouse, sons and daughters (irrespective of their age) he can nominate any other person of his choice. The member/pensioner can alter the nomination during his life time. If there is no valid nomination on the day of death of the pensioner or spouse, as the case may be, the benefit shall be payable as per the Succession Certificate issued by the Court of Law. The Return of Capital is payable only to the nominee of the member.
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