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Employees Pension Scheme

Section 43A: Special Provisions in respect of International Workers

The Scheme shall, in its application to International Workers as defined in this paragraph, be subject to the following modifications, namely-

(1) After clause (vii) of Paragraph 2, the following clause shall be inserted, namely:
(viii-a) "International worker" means-
(a) an Indian employee having worked or going to work in a foreign country with which India has entered into a social security agreement and being eligible to avail the benefits under a social security programme of that country, by virtue of the eligibility gained or going to gain, under the said agreement;
(b) an employee other than an Indian employee, holding other than an Indian passport, working for an establishment in India to which the Act applies.

(2) For clause (xv)of Paragraph 2, the following clause shall be substituted, namely-
(xv) "Pensionable service" means the service rendered by the member for which contributions have been received or are receivable and the period of coverage earned in another country and considered as eligible under a relevant social security agreement.

(3) Sub-paragraphs (2), (3) and (4) of paragraph 3 shall be omitted.

(4) Provisio to sub-paragraph (2) of Paragraph 4 shall be omitted.

(5) For sub-paragraph (1) of Paragraph 10, the following sub-paragraph shall be substituted, namely-
(1) The pensionable service of the member covered by an international social security agreement shall be determined with reference to the contributions received or are receivable on his behalf in the Employees Pension Fund;
Provided that for the purpose of of determining the pensionable service of a member covered by an International social security agreement shall be added to the personable service under this sub-paragraph only for the purposes mentioned under such an agreement.

(6) For paragraph 11, the following paragraph shall be substituted, namely-
11. Determination of pensionable salary - The pensionable salary shall be the average monthly pay drawn in any manner including on piece rate basis during the contributory period of service of the membership of the Employees Pension Fund.

(7) For paragraph 14, the following paragraph shall be substituted, namely-
14. Benefits on leaving service before being eligible for monthly members pension - An International Worker covered under a social security agreement entered into between India and another country who has not rendered the eligible service prescribed in Paragraph 9 on the date of exit, or on attaining the age of 58 years, whichever is earlier, shall be entitled to a totalization benefit as may be provided in the said social security agreement.
Provided that the International Worker covered under the provisions of the said agreement has not rendered the eligible service even after including the totalization benefit as may be provided in the said agreement, then, such international worker shall be entitled to a withdrawal benefit as kaid down under Table D.

(8) After paragraph 33, the following provisio shall be inserted, namely -
Provided that if the beneficiary under the Scheme is covered under a social security agreement between India and another country, the pension and other benefits under the Scheme shall be disbursed in the manner and as per the terms and conditions specified in the said agreement.

(9) After paragraph 35, the following paragraph shall be inserted, namely -
35-A. Performing certain functions under the social security agreement - The Commissioner shall perform all such functions as are assigned to the Employees; Provident Fund Organisation under a social security agreement entered into between the Government of India and any other country, in a manner and as per the terms and conditions specified therein.