employee pf & mp

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  • 8/6/2019 Employee PF & MP

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    EMPLOYEES PROVIDENT FUNDSA ND MISCELLA NEOUS

    PROVISIONS A CT, 1952

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    SCHEMES FRA MED UNDER THI S ACT

    1. The Employees Provident Fund Schemes, 1952

    2. The Employees Pension Scheme, 1995

    3. The Employees Deposit-Linked Insurance Scheme;1976

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    OBJECTIVE

    To provide institution of Provident Fund for workers inspecified industries

    SCOPE

    To employees drawing pay not exceeding Rs. 6,500/- permonth

    APPLICATION

    The Act extends to whole of India except Jammu andKashmir

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    ESTA BLI SHMENTS COVERED

    Subject to the provisions of Section 16

    To every establishment - A factory specified in Schedule I andin which 20 or more persons are employed;

    And

    As notified by Central Govt.

    EMPLOYEES COV ERED

    To each of the employees whether employed by him directlyor through a contractor and the employees contribution shall

    be equal to the contribution payable by the employer

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    NON A PPLICA BILITY SEC 16

    Co-operative societies, employing less than 50 persons

    and working without the aid of power

    Other State or Central Govt. Establishments having similar

    schemes & benefits

    To any other establishment set up under any Central,Provincial or State Act having similar schemes & benefits

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    IMPORTA NT POINTS REGA RDING

    A PPLICATI ON OF ACT

    Govt. can extend it to any establishment

    This act doesnt apply if the employer & majority employee

    has opted other beneficial schemes

    Once comes under this act will continues to be coveredeven if no. employees falls below 20.

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    EMPLOYEES PROVIDENT FUND SCHEMES

    Control of Scheme - Fund is vested in and is administered byCentral Board

    Investment - the Board of Trustees in accordance with theinvestment pattern approved by the Government of India

    EXCLUDED EMPLOYEES

    An Member who has withdrawn his amount from Fund

    An employee whose pay at the time has been exceeded

    Rs. 5000 per month.

    An apprentice

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    CONTRIBUTION

    Employers contribution 12% of Pay (w.e.f 22.9.1999)

    Employees contribution 12% of Pay (w.e.f 22.9.1999)

    Pay includes basic wages + dearness allowance +

    retaining allowance (if any) + cash value of food concession

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    FULL WITHDRAWA L OF ACCUMULATED

    AMOUNT

    Amount to be received = Contributed Amount + Interest

    When employee will get

    death,permanent disability,superannuation,retrenchment

    migration from Indiavoluntary retirement,

    Employee discharges from employment under IndustrialDisputes Act, 1947,

    transfer to an establishment/factory not covered under the

    Act

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    A DVA NCES & WITHDRAWLS

    For payment of Life Insurance towards of a memberPurchasing, Construction & renovation of Dwelling house

    including purchase of Site for the sameClosure of establishment > 15 days, not due to strikeNon receipt of wages for 2 months or more

    Hospitalization for 1 month or more, Major SurgicalOperation or specified diseases, either himself or

    family memberMarriage Himself, Son/Daughter, or Brother/SisterPost matriculation study - Son/Daughter

    Member effected by Cut of ElectricityDamage of property due to any Calamity

    For repayment of loansFor physically handicapped members to purchase any

    equipment to minimize hardship

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    EMPLOYYES PENSION SCHEME

    Under Sec 6, Central Govt. replace the Family Pension Scheme, 1971 bythis Scheme

    Central Government Contribution - 1.16% of the wage of the employees.

    Employees Covered

    All members of the Family Pension Scheme, 1971

    The Non members of prior Schemes have an option to join this PensionScheme.

    Notes

    Minimum 10 years contributory service is required for entitlement topension

    Pension on a discounted rate is also payable on attaining the age of 50

    years.

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    CA LCULATI ON OF PENSION

    Member Pension =

    Pensionable Salary x (Pensionable Service + 2)70

    Note

    Where Contributory Period < 20 years, then the calculationshall be done as contributory Period = 20 years

    Less 3% x (20 Contribution Period) or 25% whichever isless

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    MINIMUM PENSION TO BE RECEIVED

    Particulars Minimum PensionContribution for 24 yr or

    more

    500 p.m. to 800 p.m.

    Family Pension member for

    10 years

    265 p.m.

    minimum widow pension 450 p.m. > 2500 p.m.

    Child Pension

    (till 25 yrs of age)

    25% of widow pension, Min

    115 p.m.

    Orphan Pension 75% of widow pension, Min

    170 p.m.

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    OPTION OF REDUCED PENSION

    Employee can reduce the pension by 10%

    If above option is opted then

    He will get Return of capital = 100 x Original pension in theevent of his death

    In addition to above his Widow &/or Two Children willcontinue to get pension upto 25 yrs or life.

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    EMPLOYEES DEPOSIT LINK ED I NSURA NCE

    SCHEME SEC 6C

    Objective

    For providing life insurance benefit to the employees of anyestablishment or class of establishments

    Application of the Scheme To all establishment to whichthis act applies

    Exemption from the Scheme If any establishment is

    having other beneficial schemes

    Employees Contribution Nil

    Employers Contribution 1% of total pay

    Contd

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    CONTD.

    Administrative expenses 0.01% or Rs. 2 p.m. whicheverIs higher

    Nomination Same as in Provident Fund

    Payment of assurance benefit Incase of Death

    Amount = Average Balance in preceding 12 months ormembership tenor whichever is less

    Note

    In case Average Balance exceeds 25000 ,then

    Amount payable = 35000 + 25% (35000 Avg. balance) or

    Rs. 65000 whichever is less

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    DETERMINATI ON OF MONEYS DUE

    Authorities -

    Central Provident Fund Commissioner,Additional Provident Fund Commissioner,Deputy Provident Fund Commissioner, orRegional Provident Fund Commissioner

    Mode of recovery of moneys due from employers - As an arrear ofland revenue

    Recovery of moneys by employers and contractors Liability ofContractor

    Measures for recovery of amount due from employer RecoveryOfficer

    Priority of payment of contributions over other debts Insolvent ofWinding up

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    MISC. PROV ISIONS

    TRANSFER OF ACCOUNTS - If change of Employment

    PROTECTION AGAINST ATTACHMENT

    POWER TO EXEMPT