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National and state amendments and government orders
Notification No. 2022/56259/16541
Date of Release 20-2-2023
State National
Act Employees Pension Scheme
Description The field offices should implement the directions contained in Para 44(iii) and (iv) read with Para 44(v) of the judgement dated 04.11.2022 of the Honble Supreme Court within the stipulated timeline. As may be seen, the Honble Supreme Court has pronounced judgement dated 04.11.2022 in the matter of Special Leave Petition (C) Nos. 8658-8659 of 2019. all the employees who did not exercise the option but were entitled to do so but could not be due to the interpretation of the cut-off date by the authorities, ought to be given a further chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of four months. The employees who had retired prior to 1st September 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment. The employees who did not exercise option as contemplated in the proviso to paragraph 11(3) of the Pension Scheme (as it was before the 2014 Amendment) would be entitled to exercise joint option under erstwhile para 11(3) and existing para 11(4) within the aforesaid extended period of four months. The employees who had exercised option under Para 11(3) of EPS 1995 and continued to be in service on or after 01.09.2014 will be guided by the amended provisions of paragraph 11(4) of the pension scheme, i.e. if they had not exercised the option within the time specified under Para 11(4), such employees shall not be eligible to exercise option within the extended period of four months. In case of transfer of funds from exempted provident fund trust to pension fund of EPFO, an undertaking of the trustee shall be submitted. The undertaking shall be to the effect that due contribution along with interest up to the date of payment, will be deposited within the specified period. In case of employees of unexempted establishments, refund of requisite employers share of contribution, the same shall be deposited with interest at the rate declared under Para 60 of EPF Scheme, 1952, till the date of actual refund. The method of deposit and that of computation of pension will follow through subsequent circular. Aforesaid joint option must contain the proof of remittance of employers share in Provident Fund on higher wages exceeding the prevalent wage ceiling of Rs.6,500 and proof of joint option under Para 26(6) of EPF Scheme duly verified by the employer. A facility will be provided for which URL will be informed shortly. Once received, the Regional P. F. Commissioner shall put up adequate notice on the notice board and banners for wider public information. Each application will be registered and digitally logged. The receipt number will be provided to the applicant. The application will land into the employers login whose verification with Digital Signature/ e-sign will be essential for further processing. RPFC will cause each application to be converted into e-file, as far as possible. The concerned dealing assistant will examine the papers including the note on receipt of due amount in the Pension Fund, and mark the case to Section Supervisor / Account Officer. The concerned SS / AO will mark out discrepancies, if any and send it after due examination, with the rule position to APFC/RPFC-II for deciding the case. The concerned APFC/RPFC-II shall examine each case of joint option on higher salary and the decision shall be intimated to the applicant through e- mail/post. Efforts will be made to intimate them through telephone/SMS also. Officer-in charge of the concerned Regional Office will send a weekly monitoring report to the respective zonal office. Zonal Office will also report the aggregate position of the zones weekly to the Pension Division at Head Office. Please refer to the notification for more informotion.
Date of Effect 4-11-2022
Applicability EPS scheme 1995
Exemption N/A