Subject to sub-paragraph (3) of paragraph 1, the Scheme shall apply to every employee --
(1) Members referred to under sub-para (c ) of Paragraph 6 who have died between 1st April, 1993 and 15th November, 1995 shall be deemed to have exercised the option of joining the Scheme on the date his death.
(3) Members referred to in sub-paragraph (d) of paragraph 6 shall have the option to join the Scheme as per the provisions of Paragraph 17 from 16th November, 1995.] 15. Subs. by G.S.R.134 dated the 28th February, 1996 (w.e.f 16th March, 1996)
If any doubt arises whether an employee is entitled to become a member of the Employees' Pension Fund, the same shall be referred to the Regional Provident Fund Commissioner who shall decide the same:
Explanation: For the purpose of this sub-paragraph the total past service for less than six months shall be ignored and the total past service for six months and above shall be rounded to a year.
(2) In the case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years.
(1) Pensionable salary shall be average monthly pay drawn 17[in any manner including on piece-rate basis] during the contributory period of service in the span of 12 months preceding the date of exit from the membership of the Employees' Pension Fund. 17. Ins. ibid (w.e.f. 16th March, 1996).
18. Inserted by G.S.R. 66 dated 22nd February, 1999 (w.e.f. 6.3.1999) (2) If during the said span of 12 months there are non-contributory periods of service including cases where the member has drawn salary for a part of the month, the total wages during the 12 months span shall be divided by the actual number of days for which salary has been drawn and the amount so derived shall be multiplied by 30 to work out the average monthly pay.
(3) The maximum pensionable salary shall be limited to 19[Rupees six thousand and five hundred /Rs.6500/-] per month.
23[12. Monthly Member’s Pension.
(2) In the case of a new entrant the amount of monthly superannuation pension or early pension, as the case may be, shall be computed in accordance with the following factors, namely: -
Pensionable salary X Pensionable service
70
(3) In the case of an existing member in respect of whom the date of commencement of pension is after 16th November, 2005:
(i) Superannuation/early pension shall be equal to the aggregate of: -
(a) Pension as determined under sub-paragraph (2) for the period of Pensionable service rendered from the 16th November, 1995 or Rs 635/- per month whichever is more;
(b) Past service pension shall be as given below: -
S. No Years of Past Salary upto Salary more than
(1) (2) (3)
(i) the superannuation/early pension shall be equal to the aggregate of :
(a) pension as determined under sub-paragraph (2) for the period of service rendered from the 16th
(b) past service pension as provided in sub-paragraph (3)
(ii) The aggregate of (a) and (b) calculated as above shall be subject to the minimum of Rs. 500/- per month, provided the eligible service is 24 years. Provided further that if it is less than 24 years the pension shall be proportionately lesser but subject to the minimum of Rs. 265/- per month.
(7) A member, if he so desires, may be allowed to draw an early pension from a date earlier than 58 years of age but not earlier than 50 years of age. In such cases, the amount of pension shall be reduced at the rate of 24[four per cent] for every year the age falls short of 58 years] . 23. Subs. by G.S.R. 431(E), dated the 15.6.2007 (w.e.f. 16.11.1995), 24. Substituted instead of three percent vide GSR 688(E), dated 26.9.2008 (w.e.f. 26.9.2008)
(8) If a member ceases to be in the employment by way of retirement or otherwise earlier than the date of superannuation from which pension can be drawn, the member may, on his option, either be paid pension as admissible under this Scheme on attaining the age exceeding 50 years or he may be issued a scheme certificate by the Commissioner indicating the pensionable service, the pensionable salary and the amount of
Provided that if the member does not take up an employment coverable under this Scheme, but dies before attaining the age of 58 years, the amount of contributions received in his case shall be converted into a monthly widow pension/children pension. The widow pension in such cases shall be calculated at the scale laid down in Table 'C' and the children pension at 25 per cent thereof for each child (upto two). If there is no widow then the orphan pension shall be payable at the rate of 75 per cent of the amount which would have been payable as a widow pension subject to the provisions of the paragraph 16.
26[13. * * *] 26. Deleted vide GSR 688(E), dated 26.9.2008 (w.e.f. 26.9.2008)
14. Benefits on leaving service before being eligible for monthly members pension.
(1) If a member has not rendered the eligible service prescribed in paragraph 27[9] on the date of exit, or on attaining 58 years of age whichever is earlier, he/she shall be entitled to a withdrawal benefit as laid down in Table 'D' or may opt to receive the scheme certificate provided on the date he/she has not attained the 58 years of age: 27. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996).
Family Pension Scheme, 1971 computed as withdrawal-cum-retirement benefits as per Table 'A' multiplied by the factor given in Table 'B'.
15. Benefits on permanent and total disablement during the service
(1) A member, who is permanently and totally disabled during the employment shall be entitled to pension as admissible under sub-paragraph (2) to (5) of paragraph 12 as the case may be subject to a minimum of Rs. 250/- per month notwithstanding the fact that he/she has not rendered the pensionable service entitling him/her to pension under paragraph 12 provided that she/he has made at least one month's contribution to the Pension Fund.
(3) A member applying for benefits under this paragraph shall be required to undergo such medical examination as may be prescribed by the Central Board to determine whether or not he or she is permanently and totally unfit for the employment which he or she was doing at the time of such disablement.
16. Benefits to the family on the death of a member
(1) 28[Pension to the family] shall be admissible from the date following the date of death of the member if the member dies ..
(a) while in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund, or
(c) after commencement of payment of the monthly member's pension
Note:- The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the ge of 58 years, shall be regulated under sub-paragraph (8) of paragraph 12. 28. Subs. by G.S.R. 134 dated the 28th February, 1996 (w.e.f. 16th March 1996).
(2) (a) The monthly widow pension shall be :--
(i) in the cases covered by clause (a) of sub-paragraph (1), equal to the monthly members pension which would have been admissible as if the member had retired on the date of death or Rs 450/- or the amount indicated in Table 'C' whichever is more.
(ii) in the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members pension which would have been admissible as if the member had retired on the date of exit or 29[Rs. 450/- per month] or the amount indicated in Table 'C' whichever is more.
(iii) in the cases covered by clause (c ) of sub-paragraph (1), equal to 50 per cent of the monthly members pension payable to the member on the date of his death subject to a minimum of 29[Rs. 450/- per month.]
29. Subs. by G.S.R. dated 12th January, 2000
30[(iv) in all the cases, where the amount of family pension sanctioned under the Ceased Family Pension Scheme, 1971 and is paid/payable under this scheme is less than Rs. 450/- per month, the amount of family pension in such cases shall be enhanced to Rs. 450/- per month.]30. Ins. Ibid. (w.e.f. 29.1.2000)
(b) the monthly widow pension shall be payable upto the date of death of the widow or remarriage whichever is earlier.
Note:- In cases where there are 2 or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term "eldest" would mean seniority with reference to the date of marriage.
(3) Monthly children pension : - - (a) If there are any surviving children of the deceased member, falling within a definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow/widower pension.
(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2) (a) (i) provided that minimum monthly children pension for each child of the deceased member shall not be less than 31[Rs. 150/- per month.] 31. Subs. by G.S.R dated 12th January 2000
32[(c ) Monthly children pension shall be payable until the child attains the age of 25 years.] 32. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f. 16th March, 1996).
(d ) The monthly children pension shall be admissible to maximum of two children at a time and will run from the oldest to the youngest child in that order.
33 [ "(e) If a member dies leaving behind a family having son or daughter who is permanently and totally disabled such son or daughter shall be entitled to payment of monthly children pension or orphan pension, as the case may be, irrespective of age and number of children in the family in addition to the pension provided under clause (d)".] 33. Inserted by G.S.R. 66 dated 22nd February, 1999 (w.e.f. 6.3.99)
(4) (a) If the deceased member is not survived by any widow but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under sub-paragraph (2) (a) (i) provided that minimum monthly orphan pension for each orphan shall not be less than 34[Rs. 250/- per month.] 34. Subs. by G.S.R 41 dated 12th January 2000 (w.e.f.29.1.2000)
(b) In the event of death or remarriage of the widow/widower after sanctioning of widow/widower pension the children shall be entitled in lieu of the monthly children pension, to a monthly orphan pension from the date following the date of death/remarriage of the widow/widower.
35](c ) The monthly orphan pension shall be admissible to a maximum of 2 orphans at a time and shall run in order from the oldest to the youngest orphan.] 35. Ins. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996).
(5) (a) A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to the monthly widow pension, as admissible under sub-clauses (I) and (ii) of clause (a) of sub-paragraph (2).
36[ (aa) If a member dies leaving behind no spouse and/or an eligible child falling within the definition of family and no nomination by such deceased member exists, the widow pension shall be paid under sub-clauses (I) and (ii) of clause (a) of sub-paragraph 2 either to dependent father or dependent mother as the case may be. On grant of Pension to such dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the surviving mother life long]36. Inserted by G.S.R.66 dated 22nd February, 1999. (w.e.f 6.3.99)
None of the pensionary benefits under the Scheme shall be denied to any member or beneficiary for want of compliance of the requirement by the employer under sub-paragraph (1) of paragraph 3 provided, however, that the employer shall not be absolved of his liabilities under the Scheme.] 38. Inserted by G.S.R. 134 dated the 28th February 96 (w.e.f. 16th March 1996)
39[17. Payments on exercise of option
(1) Beneficiaries of the deceased members of Employees' Family Pension Scheme, referred to in sub-para (1) of paragraph 7, shall receive higher of the benefits available under the Employees' Family Pension Scheme, 1971 and under this Scheme.
(2) Members referred to in sub-paragraph (2) of paragraph 7 shall have the option to join the Scheme by returning the amount of withdrawal benefit received, if any, together with interest at the rate of 8.5% per annum from the date of payment of such withdrawal benefit and date of exercise of the option, to receive monthly pension as per the provisions of this Scheme.
(3) Members referred to in sub-paragraph (3) of paragraph 7 shall be deemed to have joined the ceased Employees' Family Pension Scheme, 1971, with effect from 1.3.1971 on remittance of past period contribution with interest thereon.] 39. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March, 1996)
40[17A. Payment of Pension
The claims, complete in all respects submitted along with the requisite documents shall be settled and benefit amount paid to the beneficiaries within thirty days from the date of its receipt by the Commissioner. If there is any deficiency in the claim, the same shall be recorded in writing and communicated to the applicant within thirty days from the date of receipt of such application. In case the Commissioner fails without sufficient cause to settle a claim complete in all respects within thirty days, the Commissioner shall be liable for the delay beyond the said period and penal interest at the rate of 12 per cent per annum may be charged on the benefit amount and the same may be deducted from the salary of the Commissioner.] 40. Ins. by GSR 376 dated the 27th October, 1997 (w.e.f. 8th November 1997)
18. Particulars to be supplied by the employees already employed at the time of commencement of the Employees' Pension Scheme
Every person who is entitled to become a member of the Employees' Pension Fund shall be asked forthwith by his employer to furnish and that person shall, on such demand, furnish to him for communication to the Commissioner particulars concerning himself and his family in the form prescribed by the Central Provident Fund Commissioner.
19. Preparation of Contribution Cards
The employer shall prepare an Employees' Pension Fund Contribution Card in respect of each employee who has become a member of the Employees' Pension Fund.
20. Duties of Employers.
(1) Every employer shall send to the Commissioner within three months of the commencement of this Scheme, a consolidated return of the employees entitled to become members of the Employees' Pension Fund showing the basic wage, retaining allowance, if any, and dearness allowance including the cash value of any food concession paid to each of such employees;
Provided that if there is no employee who is entitled to become a member of the Employees' Pension Fund, the employer shall send a "Nil" return.
(2) Every employer shall send to the Commissioner within fifteen days of the close of each month a return in respect of the employees leaving service of the employer during the preceding month.
(3) Every employer shall maintain such accounts in relation to the amounts contributed by him to the Employees' Pension Fund as the Central Board may, from time to time, direct and it shall be the duty of every employer to assist the Central Board in making such payments from the Employees' Pension Fund to his employees as are sanctioned by or under the authority of the Central Board.
(4) Notwithstanding anything contained in this paragraph, the Central Board may issue such directions to the employers generally, s it may consider necessary or expedient, for the purpose of implementing the Scheme, and it shall be the duty of every employer to carry out such directions.
21. Employer to furnish particulars of ownership.
Every employer in relation to a factory or other establishment to which the Act applies or is applied hereafter shall furnish to the Commissioner particulars of all the branches and departments, owners, occupiers, directors, partners, managers or any other person or persons who have the ultimate control over the affairs of such factory or establishment and also send intimation of any change in such particulars, within fifteen days of such change, to the Commissioner by registered post.
22. Duties of contractors
Every contractor shall, within seven days of the close of every month, submit to the principal employer a statement showing the particulars in respect of employees employed by or through him in respect of whom contributions to the Employees' Pension Fund are payable and shall also furnish to him such information as the principal employer is required to furnish under the provisions of this Scheme to the Commissioner.
23. Allotment of Account 41[Numbers] 41. Subs. by G.S.R 134, dated the 28th February, 1996 (w.e.f 16th March, 1996)
(1) For purposes of this Scheme, where the member has already been allotted or is allotted hereafter an account number under the Employees' Provident Fund Scheme, 1952, he shall retain the same account number.
(2) In the case of employees of the establishments exempted from the Employees' Provident Fund Scheme, 1952, under Section 17 of the Act, who are members of the Employees' Family Pension Fund the account number already allotted shall be retained by them.
(3) In the case of employees of the establishments exempted from the Employees' Provident Fund Scheme, 1952, under Section 17 of the Act, who are not members of the Employees' Family Pension Fund but opt to become members of the Employees' Pension Fund and in case of new employees of such establishments, fresh account numbers shall be allotted by the Commissioner.
24. Declaration by persons taking up employment after the Fund has been established
The employer shall before taking any person into employment, ask him, her to state in writing whether or not he is a member of the Employees' Pension Fund and, if he/she is, also ask him/her to furnish a copy of the Scheme Certificate issued by the Commissioner to him/her in respect of the past employment in terms of paragraph 12 as the case may be. If the person concerned was not in employment previously or had availed of return of contribution in respect of his/her previous employment, he/she shall, on demand by the employer, furnish to him, for communication to the Commissioner particulars concerning him/herself and his/her family in the Form prescribed by the Central Provident Fund Commissioner.
42[Provided that if such person is a person with disability, the aforesaid Form shall further contain such particulars as are
25. Employees' Pension Fund Account
The account called the "Employees' Pension Fund Account" shall be opened by the Commissioner in such manner as may be specified by the Central Board with the approval of Central Government.
26. Investment of the Employees' Pension Fund
(1) All moneys accruing to Employees' Pension Fund Account except the contributions of the Central Government shall be invested in accordance with the provisions of paragraph 52 of the Employees' Provident Funds Scheme, 1952.
(2) Net assets of the Family Pension Fund as on the 16.11.95 shall merge in the Pension Fund and remain invested in the Public Account of the Government of India. The future Central Government's contribution accruing to the Pension fund from 17th November, 1995 onwards shall also be invested in the Public Account of the Government of India.
27. Disposal of the Fund
(1) Subject to the provisions of the Act and this Scheme, the Fund shall not, except with the prior sanction of the Central Government be expended for any purpose other than the payments envisaged in this Scheme, for continued payment of Family Pension, life assurance benefit and retirement-cum-withdrawal benefits sanctioned under the Employees' Family Pension Scheme, 1971, prior to the date of introduction of this Scheme or which may be sanctioned under that Scheme after the 16th November, 1995 in respect of cases arising before that date.
43[(2) All administrative expenses shall be met from the ‘Central Administration Account’ as specified in paragraph 49 of the Employees’ Provident Funds Scheme, 1952. However, the cost of remittance of Pension shall be charged on the Pension Fund] 43. substituted by GSR 3 dated 29.12.2006
28. 44 [Omitted] 44. substituted by GSR 3 dated 29.12.2006
29. Forms of Accounts
The accounts of the Employees' Pension Fund, as also the Employees' Pension Administration Account shall be maintained by the Commissioner in such form and in such manner as may be specified by the Central Board with the approval of the Central Government.
30. Audit
The accounts of the Employees' Pension Fund including the administrative expenses incurred in running this Scheme shall be audited in accordance with the instructions issued by the Central Government in consultation with Comptroller and Auditor-General of India.
31. Rounding up of the Benefits
All items of benefits shall be calculated to the nearest rupee, 50 paise or more to be counted as the next higher rupee and fraction of a rupee less than 50 paise shall be ignored.
32. Valuation of the Employees' Pension Fund and review of the rates of contributions and quantum of the pension and other benefits
45[(1) The Central Government shall have an annual valuation of the Employees' Pension Fund made by a Valuer appointed by it.] 45. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996)
(2) At any time, when the Employees' Pension Fund so permits the Central Government may alter the rate of contributions payable under this Scheme or the scale of any benefit admissible under this Scheme or the period for which such benefit may be given.
33. Disbursement of Pension and other benefits.
46[The Commissioner shall with the approval of the Central Board enter into arrangement for the disbursement of pension and other benefits under this Scheme with disbursing agencies like Post Offices or Nationalised Banks or Treasuries or Scheduled Commercial banks including Regional Rural banks or Co-operative Banks. The commission payable to the disbursing agencies and other charges incidental thereto shall be met as provided in paragraph 27 of this Scheme.] 46. Modified by GSR 746(E), dated the 27.9.2001 (w.e.f. 28.9.2001)
34. Registers, Records, etc.
The Commissioner shall, with the approval of the Central Board, prescribe the registers and records to be maintained in respect of the employees, the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or a member of a family entitled to receive the pension and such other forms/formalities as have to be completed in connection with the grant of pension and other benefits or for the continuance thereof subject to such periodical verification as may be considered necessary.
35. Power to issue directions.
The Central Government may issue, such directions as may be deemed just and proper by it for resolving any difficulty in the disbursement of pension and other benefits or for resolving any difficulty in implementation of this Scheme.
36. Regional Committee.
The Regional Committee set up under paragraph 4 of the Employees' Provident Fund Scheme, 1952, shall advise the Central Board, on such matters, in relation to the administration of this Scheme as the Central Board may refer to it from time to time and in particular, on - -
(a) progress of recovery of contributions under this Scheme both from factories and establishment exempted under Section 17 of the Act and other factories and establishments covered under the Act.
(b) expeditious disposal of prosecutions.
(c) Speedy settlement of claims relating to pension and other benefits under this Scheme.
37. Annual Report.
The Central Board shall cause to be included in the Annual Report on the working of the Scheme prepared under paragraph 74 of the Employees' Provident Fund Scheme, 1952, a report on the working of this Scheme during the previous financial year.
38. Application of the provisions of the Employees' Provident Fund Scheme, 1952.
47[39. Exemption from the operation of the Pension Scheme.
The appropriate Government may grant exemption to any establishment or class of establishments from the operation of this Scheme, if the employees of the establishments are either members of any other pension scheme or proposed to be members of a pension scheme wherein the pensionary benefits are at par or more favourable than the benefits provided under this Scheme. Where exemption is granted to any establishment or class of establishments under this paragraph, withdrawal benefits available to the credit of the employees of such establishment(s) under the ceased Family Pension Scheme, 1971, shall be paid, subject to the consent of the employees, to the pension fund of the establishment(s) so exempted. An application for exemption under this paragraph shall be presented to the Regional Provident Fund Commissioner having jurisdiction by the establishment or class of establishments, together with a copy of the pension scheme of the establishment (s) and other relevant documents, as may be called for by him. On receipt of such an application, the Regional Provident Fund Commissioner shall scrutinise it, obtain the recommendations of the Central Provident Fund Commissioner and submit the same to the appropriate Government for decision, pending disposal of application for exemption under this paragraph employers' share of the contribution shall not be remitted to the pension fund as envisaged in sub-paragraph (1) of paragraph 3. An application for exemption presented under this paragraph shall be disposed of within a period of six months from the date of its receipt or such further time as may be extended for reasons to be recorded in writing. If the application for exemption is not disposed of within the period so specified, the exemption applied for shall be deemed to have been granted.
Explanation. - - For the purpose of this paragraph, the period of six months will count from the date on which the application for exemption is given in compete form to the satisfaction of the Regional Provident Fund Commissioner.] 47. Subs. by G.S.R. 134, dated the 28th February, 1996 (w.e.f 16th March 1996)
48[39-A. Submission of Return.—The employer of the exempted establishment or class of establishments and/or the Board of Trustees of the exempted establishment or class of establishments shall submit a monthly return to the Commissioner in Form –1
49[39-B. Transfer Value. – In case exemption is granted to any establishment or in the case of a member being transferred from pension fund of one exempted establishment to another pension fund of exempted establishment or statutory pension fund or vice-versa, a transfer value payment will be made which will consist of the following:-
(a) Withdrawal benefit relating to past service period upto 15-11995 as per Table-A multiplied by Table-B factor for the period between 16-11-1995 to the date of exemption/transfer, and
(b) Transfer value for pensionable service as per Table-E for the service rendered from 16-11-1995 or from the date of joining the establishment to the date of exemption/transfer as the case may be.
(c) In the event of cancellation of exemption granted under Para 39, transfer of fund will be made as per the conditions mentioned in the exemption notification.] 49. Ins. by G.S.R. 430(E) dated the 19th May, 2003 (w.e.f. 23rd May, 2003)
40. Information to the Central Government.
The Central Board shall furnish such information to the Central Government from time to time in respect of the income and expenditure from the Employees' Pension fund account in such manner as may be directed by the Central Government.
41. Interpretation.
Where any doubt arises with regard to the interpretation of the provisions of this Scheme, it shall be referred to the Central Government who shall decided the same.
42. Punishment for failure to submit return, etc.
If any person,
(b) fails or refuses to submit any return, statement or other documents required by this Scheme or submits a false returns, statement or other documents, or makes a false declaration, or
(c) obstructs any Inspector or other official appointed under the Act or this Scheme in the discharge of his duties or fails to produce any record for inspection by such inspector or other officials, or
(d) is guilty of contravention of or non-compliance with any other requirement of this Scheme, he shall be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both.
43. Payment of pension in the case of a person charged with the offence of murder
(1) If a person, who in the event of the death of a member of the Pension Fund is eligible to receive pension of the deceased under paragraph 12 or paragraph 16, is charged with the offence of murdering the member or for abetting the commission of such an offence, his claims to receive pension shall remain suspended till the conclusion of the criminal proceedings instituted against him for such offence.
(2) If on the conclusion of the criminal proceedings referred to in sub-paragraph (1), the person concerned is:
(a) convicted for the murder or abetting in the murder of the member, he shall be debarred from receiving pension which shall be payable to other eligible members if any, of the family of the member; or
(b) acquitted of the charge of murder or abetting the murder of the member, pension benefit shall be payable to him.
50[43A. Special provisions in respect of International Workers:- The Scheme shall, in its application to International Workers as defined in paragraph 83 of the Employees’ Provident Fund Scheme, 1952 be subject to the following modifications, namely:-
(1) For clause (xv) of paragraph 2, the following clause shall be substituted, namely:-
(2) For sub-para (1) of paragraph 10, the following sub-paragraph shall be substituted, namely:-
10. Determination of pensionable service:-
(1) The pensionable service of the member covered by an international social security agreement shall be determined with reference to the contributions received or are receivable on his behalf in the Employees’ Pension Fund, the period of service rendered under a relevant social security programme and
11. Determination of pensionable salary:-
The pensionable salary shall be the average monthly pay drawn in any manner including on piece-rate basis during the contributory period of service of the membership of the Employees’ Pension Fund.
(4) For paragraph 14, the following paragraph shall be substituted, namely:-
14. Benefits on leaving service before being eligible for monthly members’ pension:-
(1) If a member not being an Indian employee, hailing from a country with which India has entered into a social security agreement, has not rendered the eligible service prescribed in paragraph 9 of the date of exit, or on attaining the 58 years of age, whichever is earlier, he/she shall be entitled to a benefit as may be prescribed in the said Agreement on reciprocal basis.
(2) If a member not being an Indian employee hailing from a country with which India has not entered into a social security agreement, has not rendered the eligible service specified in paragraph 9 on the date of exit, or on attaining the 58 years of age, whichever is earlier, his/her entitlement to the withdrawal benefit under paragraph 14 shall be, on the principle of reciprocity, as may be available to Indian employees in that country.] 50. Inserted vide GSR 705(E) dt.1.10.2008 (w.e.f. 1.10.2008)
44. Repeal and savings.
(1) On commencement of this Scheme, the Employees' Family Pension Scheme, 1971, in force immediately before such commencement shall cease to operate with effect from the 16th November, 1995.
(2) Notwithstanding anything contained in sub-paragraph (1) every nomination made under the Employees' Family Pension Scheme, 1971, and every form regarding the details of Family of an employee for the purposes of the Employees' Family Pension Scheme, 1971, shall be deemed to have been made under the provisions of this Scheme.
(3) All orders/authorisations/Pension Payment Orders issued under the Family Pension Scheme, 1971, shall be deemed to have been made under this Scheme.