Lok Sabha Question No. 41 (STARRED), answered on 2023-02-06
Subject: Opportunity to Pensioners in EPFO
Ministry: LABOUR AND EMPLOYMENT
Asked by: Manickam Tagore B, Manne Srinivas Reddy

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

## STARRED QUESTION NO. 41 TO BE ANSWERED ON 06.02.2023

## OPPORTUNITY TO PENSIONERS IN EPFO

- *41.  SHRI MANICKAM TAGORE B.: SHRI MANNE SRINIVAS REDDY:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether  the  Employees'  Provident  Fund  Organisation  (EPFO)  has given  an  opportunity  to  a  section  of  pensioners  to  apply  for  an enhanced pension;
- (b)whether  the  EPFO  is  considering  to  allow  the  option  for  a  higher pension while in service;
- (c)whether  the  EPFO  is  considering  to  come  out  with  guidelines  in respect of those persons who retired from service after September 1, 2014, and those persons who were in service; and
- (d)if so, the details thereof and present status thereof, State-wise?

## ANSWER

MINISTER OF LABOUR AND EMPLOYMENT (SHRI BHUPENDER YADAV)

(a) to (d): A statement is laid on the Table of the House.

*                                                   ******

STATEMENT REFERRED TO IN REPLY TO PARTS (a)  TO  (d)  OF  LOK SABHA STARRED QUESTION NO. 41 TO BE ANSWERED ON 06.02.2023 BY SHRI MANICKAM TAGORE B. AND SHRI MANNE SRINIVAS REDDY, HON'BLE M.P.s REGARDING 'Opportunity to Pensioners in EPFO'.

- (a): Yes, Sir. The Employees' Provident Fund Organisation (EPFO)  on  29.12.2022  has  issued  instructions  to  call for online applications  from  pensioners  who  had  retired  before  01.09.2014  and had exercised joint options for contributing to pension fund on salary exceeding  wage  ceiling    before  their  retirement    but  whose  joint options were rejected by the EPFO (on account of cut-off date). This is in  compliance  with    the  directions  of  the  Hon'ble  Supreme  Court  as contained in paragraph 44(ix) read with paragraph 44(v) & (vi) of the judgment  dated 04.11.2022 in SLP (Civil) No.8658-8659 of 2019.
- (b): As per the Employees' Pension (Amendment) Scheme, 2014, notified  vide  G.S.R.  609(E)  dated  22.08.2014,  w.e.f  01.09.2014  only employees  drawing  wages  upto  Rs.15000  per  month  are  entitled  for membership of Employees' Pension Scheme (EPS), 1995.
- (c) & (d): The persons who retired from service after 01.09.2014 and those who are in service and are members of EPS, 1995 are governed by  the  provisions  of  the  EPS,  1995  as  amended  vide  G.S.R.  609  (E) dated 22.08.2014 w.e.f. 01.09.2014.

The  Hon'ble  Supreme  Court  has  given  direction  under Article 142 of the Constitution of India that the members of the EPS, 1995, who did not exercise option to contribute on salary exceeding wage ceiling as contemplated in the proviso to pre-amended paragraph  11(3)  of  EPS,  1995,  would  be  entitled  to  exercise  joint options under paragraph 11(4)  of the post amendment scheme within extended time period of four months provided rest of the requirements as per the amended provision are complied with.

The  directions  of  the  Hon'ble  Supreme  Court  have  legal, financial, actuarial and logistical implications and the same are under examination.

*****