“Common RTI Query on Pro-rata calculation of Higher Pension”
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” EPFO Strange Ways”
The judgment of the Hon’ble Supreme Court of 4th November, 2022 disallowed Higher Pension to those who attained 58 years on or before 31-08-2014 who did not opt during their service..
EPFO is quick in implementing the above part of the judgment by issuing notices to those who were sanctioned Higher Pension as per Circular of 23 March, 2017 issued after accepting the judgment of Sri R.C. Gupta & Others delivered on 4th October, 2016.
There are 24,672 such employees who are thus benefitted from the Judgement of 4th October, 2016 and from Unexempted Establishments.
EPFO started issuing notices to them from the month of January, 2023 itself just two months after the judgment on 4th November, 2022. But to implementing the judgment of 4th November, 2022, which allowed Higher Pension to those who are on rolls on 01-09-2014 and attained 58 years afterwards, several such employees are still to receive notices towards difference to be paid even after more than 15 months from the date of the judgment.
Even in computation of Pension, Pro-rata basis calculation is contemplated to these beneficiaries while in case of those who opted for Higher Pension as per the Gazette Notification of 16th March, 1996 and opted up to 30th November, 2004 and continued in service on 01-09-2014 and attained 58 years subsequently were already sanctioned Higher Pension and paid every month based on the last 60 months average wages without observing Pro-rata calculation besides collecting 1.16% share of Wages on behalf of the Government from them on Wages exceeding 15,000/-.
This Pro-rata calculation is to be questioned though RTI to EPFO by those who are beneficiaries of the Judgement of 4th November, 2022. A common RTI Query is enclosed for forwarding to EPFO, New Delhi. Those who are interested may do so.
It seems like you are seeking information and justification regarding the pro-rata calculation of Higher Pension for the beneficiaries of the Judgement of 4th November, 2022. While it is clear that you are seeking assistance with a formal request, I’m here to help you articulate the key points and structure of your letter. Here’s a concise yet comprehensive outline for your letter:
- Addressed to the Central Provident Fund Commissioner, Employees’ Provident Fund Organization, Bhavishya Nidhi Bhavan, New Delhi.
- Respectful salutation and subject line: Request for Information under the Right to Information Act, 2005 regarding Pro-rata Calculation of Higher Pension for Beneficiaries of the Judgement of 4th November, 2022.
- Background Information:
- Provide a brief, clear summary of the Expert Committee report on EPS,’95 constituted in 2009, highlighting the details relevant to the pro-rata calculation of Higher Pension on Higher Wages.
- Outline the specific anomalies and discrepancies identified in the current calculation of pensions, referring to the example and the estimated deficit of 10,000 crore as per the report.
- Relevant Amendments and Judicial Decisions:
- Cite the specific amendments and judicial decisions related to the calculation of Pensionable Salary and Higher Pension from 01-09-2014 onwards and how they impact the calculation for beneficiaries of the Judgement of 4th November, 2022.
- Include details of the provisions and instructions issued by EPFO and their alignment with the Judgements and amendments.
- Discrepancies and Equitable Treatment:
- Highlight the discrepancies in how the computation of Higher Pension is being applied to different groups of employees, emphasizing the need for equitable treatment based on the precedents set by the judiciary and EPFO’s own actions.
- Emphasize the need for a justified rationale and explanation for the implementation of pro-rata calculation specifically for the beneficiaries of the Judgement of 4th November, 2022 and how it aligns with the existing legal framework and decisions.
- Conclusion and Formal Request:
- Request for specific information, guidelines, or justifications that validate the application of pro-rata calculation for the Higher Pension of the beneficiaries of the Judgement of 4th November, 2022.
- Reiterate the need for transparency and equity in the implementation of pension calculations for all eligible employees.
- Enclose necessary fee and personal details for correspondence.
- Conclude with a standard closing, expressing gratitude and formally signing off.
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