EPFO:Employee Provident Fund Scheme and Employee Pension Scheme is entirely different

The Employees Provident Fund Organisation (EPFO) informed the Supreme Court on Tuesday that the structures of the Employee Provident Fund Scheme (EPFS) and the Employee Pension Scheme (EPS) are completely distinct.

Senior Advocate Aryama Sundaram, who represented EPFO, submitted the submission before Justices UU Lalit, Aniruddha Bose, and Sudhansu Dhulia.

The Bench was considering the Employees Provident Fund Organization (EPFO) over the issue of the payment of EPF pension to employees in accordance to their salaries.

The appeals were filed in response to high court decisions in Kerala, Delhi, and Rajasthan that had overturned the 2014 Amendment Scheme. In 2018, the Kerala High Court established the Employee’s Pension (Amendment) Scheme, 2014, which limited the maximum pensionable pay to Rs.15, 000 per month.

Last year, a two-judge Apex Court panel referred the appeals to a three-judge court to address the following matters.

1. If there is a cut-off date under Employees’ Pension Scheme paragraph 11(3) and;

2. If the decision in R.C. Gupta v. Regional Provident Fund Commissioner (2016) is the governing principle under which all of these issues must be resolved.

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