Successful uploading of Eps 95 higher pension Joint Option Form:

Please find the successful submission of the joint option forms by two senior pensioners at the end of this content. Their contact numbers are also available on the date fed by them. For any clarity and complications in uploading the date, kindly contact them.

JOINT OPTION UNDER ERSTWHILE PARA 11(3) OF EMPLOYEES’ PENSION SCHEME-1995

Date:

To

The Regional Provident Fund Commissioner, Employees Provident Fund Organization,

Sub.: Submission of Joint option under deleted Para 11(3) of Employees’ Pension Scheme, 1995 in compliance of circular dated 23-03-2017 issued by EPFO HQ implementing the judgment dt. 04-10-2016 of the Hon’ble Supreme Court in

R.C. Gupta vs. UOI (2020) 13 SCC 506 and the Supreme Court judgement in C.A. No. 008143 – 008144 / 2022 titled “EPFO vs. SUNIL KUMAR B.” pronounced on 04-11-2022.

Sir,

In pursuance of above circular, EPFO has been paying enhanced revised pension after getting return of differential

amount i.e., difference between 8.33% of actual salary and 8.33% of ceiling amount with interest from the pre 01-09-2014 retirees upon exercising joint option under deleted Para 11(3). Vide Supreme Court judgment dated 04-11-2022 in EPFO vs. Sunil Kumar B & Ors., the ratio of R.C. Gupta judgment has been upheld and EPFO has been directed to implement the same within 8 weeks.

Although all the retirees were covered in circular dated 23-03-2017, yet vide another circular dated 31-05-2017 without any approval from CBT and MoL&E, Pension Division of EPFO restricted the benefit of actual salary pension only for pensioners from unexempted establishments. The Hon’ble Supreme Court vide judgement dated 04.11.2022 has unequivocally held that there was no distinction between the employees of Exempted establishments and Un-exempted establishments since they stand on equal footing for EPS’95.

So far as the question of exercising option under deleted Para 11(3) of the Scheme is concerned, the Hon’ble Supreme Court in para 41 of the judgment dated 04-11-2022 has re-iterated the decision in R.C. Gupta case. The Hon’ble Supreme Court excluded pre 01-09-2014 retirees from the operation of this judgment since they stood already benefitted by the earlier judgment dated 04.10.2016 rendered in R.C. Gupta case. The pre 01-09-2014 retirees were not impacted by the GSR 609 dated 22-08-2014 and their rights stood already crystallized under the earlier R.C. Gupta order.

Since no format for the Joint Option has yet been provided by EPFO (also not available on EPFO’s website), based on similar formats issued by various ROs/EPFO in the years 2017 & 2018 while implementing the RC Gupta judgement; in order to comply with the above requirement, we (employee and employer) are, hereby submitting the joint option as required under erstwhile Para 11(3) of Employees’ Pension Scheme-1995 for claiming pension on actual salary/wages instead of ceiling salary limit of Rs. 6,500/- (earlier Rs. 5,000/-).

My particulars ( retired employee ) are as under:

1.	Name & designation of Retired employee
2.	Father’s name / Spouse’s Name
3.	Date of Birth
4.	EPF A/C No.
5.	PPO No.
6.	UAN Number (if applicable)
7.	Aadhaar No.
8.	Mobile No.

9.	Date of retirement (on attaining 58 years) / Date of voluntary retirement(at the age of years)
10.	E-mail address
11.	Residential Address

DECLARATION BY THE RETIREE

It is certified that immediately after joining, I had been contributing towards the Provident Fund on my actual salary/wages, and an equal amount used to be contributed in my PF by the employer also as provided under Para 26(6) of EPF Scheme, 1952. It is to further certify that an amount @8.33% of the statutory ceiling limit i.e., Rs. 6,500/- (earlier Rs. 5,000/-) out of the Employer’s contribution had been remitted by my employer every month towards Employee’ Pension Scheme, 1995.

Since I have already withdrawn the entire amount of Provident Fund on my retirement/voluntary retirement, I undertake to return the due differential amount that I had withdrawn after my retirement/voluntary retirement/exit i.e., the difference between the amount @8.33% of my actual salary/wages out of employer’s contribution towards Pension Fund and the amount already remitted by the employer in EPS’95 on ceiling salary/wages from the date of joining the EPS’95 till my attaining the age of 58 years/years (due to my voluntary retirement) with due interest for claiming my eligibility for drawing Pension on the basis of actual salary/wages instead of on ceiling salary/wages in accordance with the aforesaid judgments.

I retired on attaining the age of 58 years for the purpose of EPS-1995 / after years (due to my voluntary retirement) before 01-09-2014 i.e., on. In case there is any different format for submission of the joint option, a copy of the same may be provided to me and I am ready to submit the same once again.

Place:

Date:  

Signature :   Name: Employee No. Address:    

UNDERTAKING BY THE EMPLOYER

I,

(Name and Designation) being the authorized signatory on behalf of  

do  hereby  certify that Shri/Mrs./Miss was working with us as

  and has retired on attaining age of 58 years / after years (due to his/her voluntary retirement) on . His/her EPF A/c No. was . He/she had been contributing towards Provident Fund on his/her actual salary/wages, as per the terms of Para 26(6) of the EPF Scheme 1952. Equal share had been contributed by this establishment too. This establishment has no objection if he/she deposits/returns the due differential amount w.e.f. 16-11-1995 i.e. from the date of commencement of the Scheme or when his/her salary/wages exceeded the statutory limit, along with due interest as declared under EPF Scheme, 1952 from time to time, thus making him/her eligible for drawing pension on the basis of Pensionable salary based on his/her actual salary/wages, instead of on the statutory limit as per erstwhile Para 11(3) of the EPS’95 Scheme as permitted to do so by the aforesaid judgement of Supreme Court dated 04-10-2016 implemented by EPFO vide circular dated 23-03-2017 after due approval from CBT (19-12-2016) & MoL&E (16-03-2017).

I certify that the particulars furnished above are correct as per the available record.

Place:  

Date:  

(Signature of authorized signatory with official seal)

A Senior pensioner Mr. G. Narayana uploaded data here.

Another senior pensioner Mr. Siva Oddenna uploaded data here.