• Pension age under EPF for employees of unaided school in Kerala

EPF officers clarified that under EPF rule there is no specific provision regarding date of superannaution of employees under EPF rule.But our understanding that age of superannaution of employees under EPF rule is 58. But several unaided managements relived employees on attaing the age of 56 on the basis that they are managed under KER( Kerala education Rules). But these employes got pension on attain the age 58 from EPF, ie after retirment they have to wait two years to get pension.
In this situation what is the age of retirment of employees under EPF ?
Whether we can claim to continue upto the age of %*. ?
( there is no specific agreement between emploees and Management reagrding date of retirmrnt)
Asked 5 years ago in Labour

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7 Answers

1. The setting of age for superannuation to 56 seems to be without any legal basis and hence it is amenable for judicial review.

2. The unaided employers are not immune to the prevision of EPF rules and hence applying the said provision writ petition can be filed in high court so the retirement age of the employees can be directed to be set at 58. 

3. If it is not done then the benevolence of EPF Act becomes redundant till the retired employee reaches the age of 58 years.

4. So writ petition is a remedy worth to be availed of.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Dear Client,

This is the situation of anarchy. Approach HC or administrative tribunal to get clear p[picture on the issue. Acc. Natural justice, pension should start from date of retirement.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

The following information may kindly be read.

Employees' Provident Fund Organisation's (EPFO) apex decision making body, the Central Board of Trustees (CBT), will consider a proposal to raise the retirement age of organised sector workers to 60 years for its pension at a meeting scheduled for Wednesday.

Besides, the CBT in this meeting will also deliberate on a proposal to withdraw two years bonus under the pension scheme provided to subscribers after rendering 20 years of pensionable service.

The proposals are included in the agenda for the meeting to be chaired by Labour Minister Oscar Fernandes.

The finance ministry in its memorandum to Labour Ministry has proposed these amendments in the EPS-95 after giving its concurrence for providing a minimum entitlement of Rs 1,000 minimum monthly pension under the scheme.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Kerala education rules provide that The age of retirement on superannuation shall be fifty five years.

Substituted by G. O. (P) 92/82/G. Edn. dated: 2-7-82 published in gazette
dated 2-7-82.

 

2) Provided that those who were already in service in any aided school prior to the 4th September 1957, the age of retirement on superannuation shall be sixty years].

 

3) In Employees Pension Fund Scheme, the age is 58 years. But for Provident Fund no age is fixed. That means, an employee who has attained the age of 58 ceases to be a member of Pension Scheme. 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

File Complaint to the specific govt authority managing the said service. If they don't take action you need to file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Retirement Age • Existing rule: The retirement age is considered as 55 years. • New Rule: The age of retirement has now been increased from 55 to 58 years.

Even though the Establishment's policy as retirement age 55 years or earlier, PF cannot be withdrawn up to age 58 and 90% withdrawal will be only after age 57 years.
Previously -If the member's retirement as per Company 55 years or earlier, member can withdraw 90 % amount on attending age 54 yrs.
Therefore as per new notification No - GSR 158 (E) on new para 68NNNN - member's contribution with interest can be withdrawn subject to fulfillment of declaration of 2 months non-employment.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The affected employees may make a representation to the concerned authorities against the errors committed by the employers in this regard and may seek relief and remedy accordingly

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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