Employees’ Pension Scheme, 1995 : Higher Pension Pre-Cursor of para 26(6) Finally Resolved

Employees' Pension Scheme, 1995 : Higher Pension Pre-Cursor of para 26(6) Finally Resolved
Of late, the EPFO has finally issued its long-awaited circular dated 30.01.2024, resolving a dispute related to precursor/compliance of paragraph 26 (6) of the EPF Scheme, 1952.

It is more than 20 years, just after the Supreme Court pronouncement its judgment in the case of Otis Elevator Employees Union v. UOI in 2003, when the EPFO authorities came forward with the excuse of verbatim compliance of paragraph 26(6) to deny or disapprove the claim for higher contribution into the EPS for higher pension in future by the eligible EPS members. The Central Government and the EPFO promised before the Supreme Court while appreciating the Government’s Pension Scheme to provide sufficient room for employees to receive of much more salary than the ceiling.

Such denial of accepting applications/joint requests from eligible employees was a betrayal of the promise given in the Supreme Court by the Government and led to litigation before various courts. Finally, the Supreme Court ruled on 04.10.2016 in the matter known as R.C. GUPTA case.

In the meantime, Central Government amended the EPS, 1995 by bringing drastic changes in the Pension Scheme by GSR 609(E) dated 22.08.2014 effective from 01.09.2014 by which higher contribution to the EPS was...

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Ram Niwas Bairwa

Regional PF Commissioner (II)- Retired at Jaipur

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Ram Niwas Bairwa

Regional PF Commissioner (II)- Retired at Jaipur

May 2024

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