Include all Non-government, Public/Private & un-organized sector Employees in EPF Pension
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The Minister of State (Independent charge)
Labour and Employment,
Government of India,
Shram Shakti Bhawan,
Subject:- Appeal sent for inclusion in EPS 1995 all Senior Citizens from Non Govt. establishments not covered by any Pension Scheme.
I request you to make provisions in the Employees Provident Funds Act 1952 to help non-government, Public/ Private Sector employees not covered under any pension scheme.
The main objectives of the Provident Fund Act 1952 was to establish a system through which funds would be created to provide means of survival to employees after retirement.
The government in a step towards improvement introduced the Employees Family Pension Scheme 1971 (introduced in 1971-72) which had several limitations and was not appreciated by the majority of workmen and persons who had option to join did not opt for inclusion. This was a precursor to the present EPS 1995 but the employees had no clarity about its provisions and failed to foresee the effects this would have in today's scenario.
In the past employees both in government service and factories with option to choose either GPF and pension or Contributory PF mostly opted for the latter as pension was limited to a fixed amount of the retiring pay with no provisions for revision. The amount of PF contribution was such that a balance was maintained in similar categories of persons in either of the schemes.
With passage of time the bureaucracy with its influence & proximity to the Parliament managed to change the entire structure of Pension Rules to suit government employees so much so that Retired Government Employees are today enjoying pension several times more than their actual salary on retirement.
On the other hand no such actions were taken to revamp the EPF Act 1952 with the result that employees who only received a one time lump sum as PF at retirement are finding it difficult to survive due to Taxation on Interest from Deposits, continuously reducing Interest rates and increasing cost of living added with increasing cost of Health Care
In view of the recent Supreme Court Judgement against Petition (s) for Special Leave to Appeal © No (s) 33032-33033/2015 order of Date 04/10 2016 the Honourable Court has allowed members of EPS 1995 who had contributed on actual basic pay above the ceiling limit to higher pension subject to fulfilling the stipulated conditions.
THE HONOURABLE SUPREME COURT HAS ALSO STATED THAT A PERSON CANNOT BE DEPRIVED OF THE BENEFITS OF A WELFARE SCHEME ON THE BASIS OF A CUT OFF DATE.
THE HONOURABLE COURT FURTHER STATES in Para 9 of its judgment that as quoted in para 26 (6) of the Provident Fund Act “Not withstanding anything contained in this paragraph, an officer not below the rank of an Assistant Provident Commissioner may, on the joint request in writing, of any employee of a factory or other establishment to which this scheme applies and his employer, enroll such employee as a member…...”
I therefore appeal to you to direct the Central Provident Fund Commissioner to give a one time permission to a few left over Retired Persons (who were members of EPF Act 1952 before 01/04/1971 and could not or did not opt for pension under EFPS 1971 & EPS 1995) to join the scheme to overcome the hardships faced as mentioned in para 5 above.
Amend the EPF Act 1952 for systematic amendments in the percentage of Employer/Employee contributions linked with wage revisions.
Link Employees Pension with DA to make provisions for increase as in case of pension given to government servants.
EX OFFICERS ASSOCIATION
(A Registered Body under sec.21 of the Societies Registration Act 1860. Registration No. 3462 2010-2011)
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