EPFO circular · 12 Jun 2009
REPORT OF THE EXPERT COMMITTEE ON EPS,1995 1 The Central Government vide Order No. R-15025 /3/2007/SS.II dated 12.06.2009 appointed Expert Committee on Employees’ Pension Scheme, 1995 to look into the Employees’ Pension Scheme 1995 and to give expert views. Sh. S. K. Srivastava Additional Secretary Ministry of Labour &…
Official record
Open source pageREPORT OF THE EXPERT COMMITTEE ON EPS,1995 1 The Central Government vide Order No. R-15025 /3/2007/SS.II dated 12.06.2009 appointed Expert Committee on Employees’ Pension Scheme, 1995 to look into the Employees’ Pension Scheme 1995 and to give expert views. Sh. S. K. Srivastava Additional Secretary Ministry of Labour & Employment Chairman Joint Secretary(Social Security) Ministry of Labour & Employment Member Dr. K.C. Mishra Director National Insurance Academy, Pune Member Sh. Nalin Thakor President, Social Security Research Centre, Ahmedabad Member Sh. S.P. Subhedar Fellow of Institute of Actuaries of India, AIA(UK), Retd. M.D. of LIC of India Member Sh. Bhudev Chatterjee Actuary Member Sh. Nirmal Ghosh Organising Secretary Indian National Trade Union Congress Member Dr. R. Kannan Actuary Insurance Regulatory Development Authority Member Sh. J.P. Chowdhary Chairman & Managing Director (CIE) Member Central Provident Fund Commissioner Employees’ Provident Fund Organisation Member Sh. Rajesh Bansal Addl. Central Provident Fund Commissioner (Pension) Employees’ Provident Fund Organisation Member Secretary REPORT OF THE EXPERT COMMITTEE ON EMPLOYEES' PENSION SCHEME, 1995 INDEX S.No. Subject Page No. 1. Constitution of the Expert Committee on Employees’ Pension Scheme, 1995 4 2. Background of Employees' Pension Scheme 1995 5 3. Features of the Employees' Pension Scheme 1995 7 4. Performance of the Employees' Pension Scheme 1995 9 5. Challenges Thrown By The Experience of Employees’ Pension Scheme, 1995 14 6. Working of the Expert Committee 16 7. The Possible Alternative Scenarios: Existing Scheme 19 8. Provident Fund‐cum‐Pension Annuity Scheme – An Alternative 34 9. S ummary of Final Recommendations 39 REPORT OF THE EXPERT COMMITTEE ON EPS,1995 2 APPENDICES S.No. Appendix Page No. 1. Minutes of The First Meeting of The Expert Committee 43 2. Minutes of The Second Meeting of The Expert Committee 46 3. Minutes of The Third Meeting of The Expert Committee 56 4. C M hronology of The Changes In Statutory Wage Limits Under EPF & P Act, 1952 61 5. Interest Earning Analysis 62 6. A S nalysis of Outgoing Payments Under Employees’ Pension cheme,1995 63 7. R T eport of The Valuer on Various Proposals Under Consideration of he Committee @ 8%. 65 8. R T eport of The Valuer on Various Proposals Under Consideration Of he Committee @ 7.5%. 69 9. S o ummary of The Comments of The Members of Expert Committee n The Proposed Conceptual Draft 73 10. C P omparison of The Proposed PFPAS (Provident Fund‐Cum‐ ension Annuity Scheme) With NPS (New Pension Scheme) 78 REPORT OF THE EXPERT COMMITTEE ON EPS,1995 3 CHAPTER 1 CONSTITUTION OF THE EXPERT COMMITTEE ON EMPLOYEES’ PENSION SCHEME, 1995 1.1 In March 2008, the Government of India constituted a committee for comprehensive review of Employees' Pension Scheme 1995, giving it the mandate to look into all possible ways and means to meet the demands of the members/beneficiaries while ensuring the long term viability of the Scheme. Subsequent to the recommendations of this committee, the Government of India constituted an Expert Committee on Employees’ Pension Scheme'1995 on 12.06.2009, under the Chairmanship of Shri S. Krishnan, the then Special Secretary, Ministry of Labour & Employment, Government of ndia. I 1.2 Subsequent to the transfer of Shri S. Krishnan, the Ministry appointed Shri S.K. Srivastava, Additional Secretary, Ministry of Labour & Employment, as the Chairman of the Committee with effect from 26.11.2009. The constitution of this Committee is given on the cover page of the Report. The Committee held three meetings – on 01.12.2009, on 02.02.2010 and on 23.07.2010. The minutes of these meetings are at Appendix1, Appendix2 and Appendix3 respectively. In between these meetings, the discussion among the members continued through e‐mails. REPORT OF THE EXPERT COMMITTEE ON EPS,1995 4 CHAPTER 2 BACKGROUND OF EMPLOYEES' PENSION SCHEME 1995 2.1 The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 provided social security benefits to the employees through Employees’ Provident Fund Scheme, 1952 by creating a Provident Fund to which both the employers and the employees contribute a percentage of the wages of the employees in equal share. However, this scheme was not found adequate to meet the social security needs of the employees and there was demand for the introduction of a Pension Scheme. Accordingly on 1st March, 1971 a Scheme to provide pension to the family of the employee who died in service was introduced called the Family Pension Scheme, 1971. The important provisions of Family ension Scheme, 1971 were as follows: P 2.2 BENEFITS UNDER THE PROVISIONS OF FAMILY PENSION SCHEME, 1971, THE FOLLOWING BENEFITS WERE PROVIDED TO THE MEMBERS AND THEIR FAMILIES. 1 Life‐long pension to spouse upon death of the member while in service. 2 Pension to one child (eldest) up to age 25 (or marriage, if earlier, in case of female child) upon death/re‐marriage of the spouse pensioner. 3 Life Assurance benefit of Rs 5000/‐ to the widow/widower/nominee upon death of the member, provided that the contributions to the Pension Fund were received for a period of at least 3 months. 4 Return of employee share of contribution (with interest) to the family upon death of the member before putting in 3 months of service. 5 Return of employee share of contribution (with interest) to the member upon cessation of membership before putting in 1 year of service. 6 Retirement‐cum‐Withdrawal benefit to the member upon cessation of REPORT OF THE EXPERT COMMITTEE ON EPS,1995 5 membership after putting in at least 1 year of service. 2.3 The benefits under the Family Pension Scheme were reviewed periodically and by 1995 minimum monthly pension was Rs 250/‐ for the lowest salary slab (up to Rs 300/‐) and the maximum was Rs 1050/‐ for the highest salary slab (exceeding Rs 2500/‐). REPORT OF THE EXPERT COMMITTEE ON EPS,1995 6 2.4 Quantum of Retirement‐cum‐Withdrawal benefit was as per the rates in the table provided in the Schedule of Employees’ Family Pension Scheme 1971, which provided for a minimum of 0.2 times the wage at cessation for 1 year of contributory service and a aximum of 12.08 times the wage at cessation for 40 years of contributory service. m 2.5 FUNDING: 2.5.1 The Scheme was funded by contributions made from three sources viz the mployee, the employer and the Central Government. e 2.5.2 Each contributed 1.16% of the wage of employee every month. Thus, a total of 3.48% of the member’s wage was contributed every month towards the Family Pension und. F 2.5.3 The Employee’s and the Employer’s contributions came by way of diversion from PF contribution. In other words, out of the contributions made by the Employee and the Employer towards the PF account of the member 1.16% of wages was diverted to the Family Pension Fund. The Central Government’s contribution i.e. 1.16% came directly to and solely for the Family Pension Fund. The Central Government in addition met the entire cost of administration of the Family Pension Scheme. 2.5.4 However, the wage upon which 1.16% was to be calculated was restricted due to a statutory limit on wages on which contributions could be made. The wage limit was evised from time and the details are in Appendix4. r 2.6 TRANSITION TO A NEW SCHEME: 2.6.1 Soon after its launch in 1971, demands were raised that the old age security benefit should also be provided to the member. In other words, pension to the member upon retirement/superannuation, and in case of contingencies like disability was being demanded. The Government acceded to these demands by notifying a new Scheme with effect from 16.11.1995, called the Employees' Pension Scheme, 1995 replacing the erstwhile Family Pension Scheme, 1971 and the net assets of the Family Pension Scheme 1971 were transferred to Employees’ Pension Fund.