EPFO Instructions On Submission Of Joint Option For A Higher Pension

Posted On - 17 March, 2023 • By - King Stubb & Kasiva

The Employees’ Provident Fund Organisation (EPFO) on February 20, 2023[1] has instructed the field offices that they should implement the directions of the Hon’ble Supreme Court in EPFO Vs Sunil Kumar and Ors.[2], within the stipulated timeline.

As per the circular, the following employers with their employees may submit joint options under para 11(3) and (4) to the regional office:

  • The employees and employers who had contributed under para 26(6) of the Employees’ Pension Scheme, 1995 (“EPS Scheme”) on salary exceeding the prevalent wage ceiling of INR 5,000 or INR 6,500;
  • Had not exercised joint option under the proviso to para 11 (3) of the pre-amendment scheme while being members of the EPS Scheme; and
  • Were members prior to September 1, 2014 and continued to be a member on or after September 1, 2014.

The instructions also set out guidelines as to the manner in which the employees will have to apply for a higher pension, save for further clarifications required to be issued by the EPFO; and provide for a grievance redressal process for employees. 

[1]No. Pension/2022/56259/654

[2]SLP (C) No. 8658-8659 of 2019