Implementation of the Supreme Court’s verdict on PF Pension

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
RAJYA SABHA
UNSTARRED QUESTION NO. 2638
ANSWERED ON 23.03.2023

IMPLEMENTATION OF SUPREME COURT’S VERDICT ON PF PENSION

2638. SHRI ELAMARAM KAREEM:

Will the Minister of Labour and Employment be pleased to state:

(a)the actions taken by Government to implement the Supreme Court’s verdict on PF Pension;

(b)the concerns raised by pensioners on the first circular issued by Government following the judgement and the action taken by Government to address those concerns;

(c)whether it is a fact that it has been practically impossible for the pensioners to opt for higher pension as it is mandatory to upload 26(6) document for option; and

(d)whether Government will revisit this circular, if so, by when, if not, the reasons therefor?

ANSWER

MINISTER OF STATE FOR LABOUR AND EMPLOYMENT
(SHRI RAMESWAR TELI)

(a) to (d): As per directions contained in paragraph 44(ix) read with paragraph 44(v) and 44(vi) of the Hon’ble Supreme Court’s judgment dated 04.11.2022, online applications were called by Employees’ Provident Fund Organisation (EPFO) on 29.12.2022 from pensioners who had retired before 01.09.2014 and had exercised joint option for contributing in 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). Joint options were to be filed on or before 03.03.2023. Now this date has been extended up to 03.05.2023.

Further, as per directions contained in paragraph 44(iii) & paragraph 44(iv) read with paragraph 44(v) of the judgment of Hon’ble Supreme Court dated 04.11.2022, instructions have been issued by EPFO on 20.02.2023 for online joint options to be filed by the employees who were in service prior to 01.09.2014 and continued to be in service on or after 01.09.2014 but could not exercise joint option under erstwhile proviso to paragraph 11(3) of Employees’ Pension Scheme (EPS), 1995. Joint options can be filed on or before 03.05.2023.