Latest Update:
The last date to apply for the EPFO higher pension application or joint option form was 11/07/2023.
Employees’ Provident Fund Organisation (EPFO) members are entitled to a pension after retirement. Currently, the employees and employers contribute 12% of their basic salary and dearness allowance to the EPF. Of the employer’s 12% contribution, 8.33% goes to the Employees’ Pension Scheme (EPS) and 3.67% to the EPF.
However, the 8.33% EPS contribution is capped at the maximum amount of Rs.15,000 even when the employee draws a higher salary. The cap on the EPS contribution was introduced in 2014 through an amendment to the EPS.
Before the EPS amendment in 2014, employees had the option to choose higher EPS contribution amounts. This article covers the EPFO circular on higher pensions and its claim process.
In 1995, the Government introduced a pension scheme under Section 6A of the EPF Act. The Employees Pension Scheme, 1995 (EPS-95) provided that the employer’s contribution of 8.33% should be towards the pension scheme. The EPS-95 capped the maximum monthly pension at Rs.5,000 or Rs.6,000. Thus, employers had to contribute 8.33% of Rs.5,000, which was later raised to Rs.6,500, towards the pension scheme.
In March 1996, a provision was added to para 11(3) of the EPS-95, giving the employer and employee an option to contribute 8.33% of actual salary (above the cap of Rs.5,000 or Rs.6,500) to the EPS. Such a higher salary would be considered a pensionable salary. However, the EPFO gave six months for the employees to file a joint option form for higher pension contributions to the EPS.
The government amended the EPS-95 scheme effective from 01/09/2014. It increased the maximum pensionable salary to Rs.15,000. It also omitted the provision to para 11(3), i.e. exercise of the option by the employer and employee to contribute EPS on a higher salary amount.
Thus, employers would make an EPS contribution of 8.33% on a maximum of Rs.15,000 for the employees joining the EPF scheme after 01/09/2014, even when they draw a higher salary.
However, the employees who were part of EPS-95 or joined before 01/09/2014 could contribute 8.33% to EPS on the actual salary as against the cap of Rs.15,000 if they filed a new joint option with the EPFO within six months, i.e. 28/02/2015.
There were issues after the 2014 amendment regarding pension contributions on higher salaries. Many employees stated that they did know about the exercise of the joint option for contributing pension on the higher salary amount. The EPFO rejected the joint option filed by many employees. Employers contributed 8.33% of pension on employees’ actual salaries without filing the joint option, but the pensionable salary was taken as Rs.15,000 for pension calculation.
Thus, many employees filed cases in High Courts for receiving higher pensions based on the contributions made on actual salary amounts. The Supreme Court took up this matter. The summary of the Supreme Court decision is as follows:
Status of Employee | Exercise of joint option | Eligibility to claim 8.33% pension contribution on a higher salary | Mode of higher pension claim |
Employees in service as on 01/09/2014 | Exercised joint option and rejected by the EPFO | Yes | By filing a higher pension claim application |
Employees in service as on 01/09/2014 | Not exercised joint option but contributing to EPS above the cap of Rs.5,000/Rs,6,500 | Yes | By exercising the joint option |
Employees retired before 01/09/2014 | Exercised joint option and rejected by the EPFO | Yes | By filing a higher pension claim application |
Employees retired before 01/09/2014 | Not exercised joint option | No | Not applicable |
The Supreme Court provided that employees who were part of the EPF before 01/09/2014 but have not exercised the joint option can exercise it within 03/05/2023. The EPFO further extended the due date to 11/07/2023. For such employees, a higher EPS contribution will be calculated from the date of their joining.
For example:
In such cases, the EPFO will return to the joining date or 01/11/1995, whichever is later, and transfer the difference from the PF account to the EPS account. But, the higher pension contribution will reduce the EPF lumpsum corpus that the employee gets upon retirement.
Initially, the EPFO stated that the last date to apply for the higher pension scheme is 3rd May 2023. But, it extended the last date due to several representations. Thus, the last date to apply for higher pension scheme is 11th July 2023.
You can check the status of the EPFO higher pension application by following the below steps:
Step 1: Visit the EPFO Unified Member portal.
Step 2: Click on the ‘Track Application Status for Pension on Higher Wages’.
Step 3: On the next page, click on ‘Click Here’ under the ‘Track application status for Pension on Higher Wages’ tab.
Step 4: Select and enter the application acknowledgement number, UAN number or PPO number.
Step 5: Enter the Captcha code, tick the consent and click on the ‘Get OTP’ button.
Step 6: Enter the OTP and click on ‘Get Status’. The application status will be displayed on the screen.
EPFO issued a circular in December 2022 providing the eligibility criteria and application process for claiming a higher pension. Below are the eligibility criteria for a higher pension:
However, the EPFO circular did not provide a higher pension option for employees who were part of the EPF before 01/09/2014 but still working/retired after 2014. As per the Supreme Court judgement, such employees were also eligible to claim a higher pension.
Thus, the EPFO issued another circular in February mentioning higher pension eligibility criteria for employees in service/retired after 2014. Below are the eligibility criteria to file a joint option for getting a higher pension:
However, employees who were members of EPS-95 and exercised the joint options under the deleted para 11(3) of the EPS but did not file new joint options after the amendment of 2014 are not eligible to claim a higher pension. The EPS contributions of such employees will be 8.33% on the maximum amount of Rs.15,000, irrespective of their actual salaries.
The eligible employees who retired before 2014 can apply for a higher pension claim with the EPFO. They can apply for the higher pension claim online (as shown below) or with the regional EPF offices.
The eligible employees who joined EPS-95 but are retired/working after 2014 can apply the joint option form online (as shown below) or with the concerned regional EPF offices within 11/07/2023 to receive higher pensions.
Below is the step to claim a higher pension amount for employees retired before 2014:
Step 1: Employees need to visit the EPFO Unified Member portal.
Step 2: Click on the ‘Pension on Higher Salary: Online application for validation of Joint Option’ option.
Step 3: Fill in the details and submit the form.
The EPFO will digitally register each application and provide the receipt number to the applicant. It will forward the applications to the respective employers, who will verify them through e-sign/digital signature for further processing. The APFC/RPFC-II will examine the case and send the higher pension decision to the applicants via email, post, phone or SMS.
The field officers will examine the application form. If the form is complete, the wage details submitted by the employers will be verified with the the field offices data. Where the field officers data and employers’ details match, the dues will be calculated and an order will be passed by RPFC-II/RPFC-I/APFC for depositing/transferring the dues. The cases where there is a mismatch, it will informed to the employer and the pensioner by the APFC/RPFC-II and one month time will be given to rectify the same.
In case the application form is not approved by the employer, an opportunity will be given to the employer to provide additional proof/evidence or correct any mistakes/errors before rejection of the form. Such opportunity will be given for a period of one month and under intimation to the pensioners.
Below is the step to exercise/apply for joint option under para 11(3) and para 11(4) of EPS-95 to claim for higher pension for employees who are part of EPS-95 but are working or retired after 2014:
Step 1: Employees need to visit the EPFO Unified Member portal.
Step 2: Click on the ‘Pension on Higher Salary: Exercise of Joint Option under para 11(3) and para 11(4) of EPS-1995 on or before 3rd May 2023’ option.
Step 3: Fill in the details and submit the form.
The field officers will examine the joint option forms. If the form is complete, the wage details submitted by the employers will be verified with the the field offices data. Where the field officers data and employers’ details match, the dues will be calculated and an order will be passed by RPFC-II/RPFC-I/APFC for depositing/transferring the dues. The cases where there is a mismatch, it will informed to the employer and the employee by the APFC/RPFC-II and one month time will be given to rectify the same.
In case the join option is not approved by the employer, an opportunity will be given to the employer to provide additional proof/evidence or correct any mistakes/errors before rejection of the form. Such opportunity will be given for a period of one month and under intimation to the employees.
Calculation of higher pension for employees retired before 2014:
The average monthly pay earned during the contributory period of service in the 12 months before leaving EPFO is considered to determine the pension amount.
Calculation of higher pension for employees retired after 2014:
The average monthly pay earned during the contributory period of service in the 60 months before leaving EPFO is taken into account to determine the pension amount.
Current formula for calculating pension under the EPS scheme is as follows:
(Average salary of 60 months x service period)/70