BSNL CO issued the instructions & guidelines for exercising the EPF higher pension option. As the Hon’ble Supreme Court has given timeline of 4 months for submitting the option form and in anticipation of further affirmative guidelines from EPFO, the following instructions are hereby issued :

A] For employees who have retired before 01.09.2014

1] An indicative list of BSNL recruited employees(from SAP/ERP) who have retired before 01.09.2014 is attached. The eligible employees have to visit the EPFO portal for necessary validation https://unifiedportal-mem.epfindia.govin/memberinterface/.

2] The eligible employees have to give explicit consent in the application form for adjustment from Provident Fund to Pension Fund and if any, to re deposit the amount to the pension fund.

3] The following documents are to be provided for processing of the case:

(a) Proof of Joint option under Para 26(6) of the EPF scheme duly verified by the employer; and

(b) Proof of Joint Option under the proviso to erstwhile Para 11(3) duly verified by the employer; and

(c) Proof of remittance in Provident Fund on higher wages exceeding the prevalent wage ceiling of Rs. 5000/Rs.6500; and

(d) Proof of remittance in Pension Fund on higher wages exceeding the prevalent wage ceiling of Rs. 5000/Rs.. 6500, if any; and

(e) Written refusal of APFC or any other higher authority of EPFO to such requests/remittance.

B] As regards employees who have retired after 01.09.2014 or are still working

1] In anticipation of affirmative guidelines in a manner similar to the employees retired before 01.09.2014 and in keeping with Hon’ble Supreme Court Judgment in CA nos. 8658-8659, all eligible serving employees/Retired employees are requested to submit the option for higher pension scheme in the form annexed to this letter.

2] The following points are to be noted by the employees :

(a) The option form in triplicate duly signed in original (hard copies) shall be submitted to the Payroll DDOs of the Concerned BAs.

(b) The joint option form shall be subject to acceptance by EPFO, as per rules.

(c) Every employee/ex-employee who had joined BSNL from any other organization in which he/she was member of EPS’ 1995 should provide complete details for each previous organization. These employees who had joined BSNL from any other organization in which he/she was member of EPS’ 1995 should add their service, in previous organization in current EPS number by filling Form 13.

(d) The option once accepted by EPFO is irrevocable at later date and no change of option will be entertained under any circumstances.

(e) The joint option form duly filled in every manner should be submitted by concerned employee/ex-employees latest by 10th February, 2023.

(f) These instructions are subject to directions/instructions of EPFO and/or decision of any court of law issued from time to time in this regard.

(g) The necessary Employer Declaration will follow.

(h) The Employees shall submit the joint option forms at the earliest without waiting for its availability in ESS. The same will be notified.

Click here for Joint Option Form along with the instructions/guidelines

Flash News:

EPF option module now available in ERP ESS module – As per request of AIGETOA, the module for exercising the options for EPF Higher pension has been made available on ESS Portal also.

As per discussions of AIGETOA Team and BSNL representative with Central PF authorities and thereafter subsequent discussions with PGM (CA) BSNL CO with AIGETOA Team, the letter for collection of Options for Higher Pension EPF options has been issued today. The CHQ Team of AIGETOA as per the decision taken in the meeting, collected all the data of other PSUs and submitted those to the CAA section based on which the letter has been issued.

Issuance of directions to the circles with regard to collection of Joint Option Forms was most crucial keeping in view the limited window extended by Honble Supreme Court.

It will be worth to mention that Kerala AIGETOA Team was a party in the Court case at Hon’ble Supreme Court after winning the case at Hon’ble Highcourt Ernakulam. The AIGETOA CHQ team has been consistently following up the matter with EPFO, arranged a tri party meeting with BSNL, EPFO and AIGETOA, did an interactive session on the matter for the knowledge of all the EPF Account holders so that they can take an informed decision.

Team AIGETOA is consistently monitoring the progress to ensure that all the willing persons submit their options well in time and the joint options gets processed at BSNL and submitted to EPFO well within the limited time window.

Click here for the letter

Today Team AIGETOA consisting of AIC shri Ravi Shil Verma, FS Shri Badri Kumar Mehta and AGS Shri Vivek Kumar Singh went to meet EPF authorities at the EPFO office. BSNL representative was also present along with us. Team had an elaborate discussion with the EPFO officers including the head of the pension department. It is understood that EPFO is shortly going to issue instructions with regard to the higher pension options calling from all those EPF subscribers who have been appointed before 2014 and whose EPF subscription has been deducted on Full Basic and DA. The process is likely to be captured through UAN portal.

However since the option window will be a smaller one, BSNL needs to remain in a state of preparedness to process the options in shortest possible time. Accordingly the Team AIGETOA consisting of AIC, FS, CS Delhi and CS Haryana met Sr GM (CA), BSNL CO and informed about the discussions with EPF authorities. Sr GM (CA) appreciated our concern and told that since clarity is now that EPFO are issuing the orders, all efforts shall be taken to ensure that there is no delay on the part of BSNL in processing all such option cases. He told that he will direct his team to discuss with AIGETOA team and finalize the plan of action in line with what other CPSUs have done. He told us to share the inputs with regard to action taken by other CPSUs. He assured us that the necessary instructions shall be issued without any delay and told is to work in close coordination with his team and finalize the action program. Our team shall be sitting with CA team next week to finalize the action plan in this regard and all the associated FAQs

Team AIGETOA held meeting with Sr. GM(CA) today and requested for taking necessary action regarding calling option for higher epf pension in pursuance to Supreme Court jugement.

It was intimated that a letter is being issued in pursuance to EPFO Circular dated 29th December 2022 for retired employees covered under EPF Act.

A meeting is to be scheduled with EPFO very soon for taking further necessary action in respect of working employees.

Today Team AIGETOA discussed with Sr GM (CA) and earlier with PGM Estt and requested for issuance of letter for calling of options for higher pension from EPF account holders of BSNL. We explained the need for keeping everything ready as window given by EPFO shall be very small and that should not be missed under any circumstances.

Management agreed with our view and shall start the process expeditiously.

AIGETOA writes to Director HR BSNL Board for kind and immediate attention is sought towards the allowing of EPF Full pension option under EPS Scheme which is already have national importance on social security measure of employees who are under EPF/EPS Scheme.

Click here for letter

Hon’ble Supreme Court of India has delivered the verdict on EPF Pension case after hearing the applicants and the review petitions filed by EPFO & GOI challenging the Hon HC verdicts from Kerala, Rajasthan, Delhi etc. As already aware team AIGETOA is closely involved in EPFO Full Pension Case for entire BSNL Recruited Employees, who are willing to opt the scheme. AIGETOA Kerala Team had already won the case of EPF Full Pension Scheme against EPFO in Hon’ble High Court of Kerala on 25th Feb, 2019 in WP(C) No 39855/2017, 41071/17 & 3001/18 in line with WP(C) 13120/2015 judgement and other cases won by different applicants in the Hon’ble HC, Kerala. The order of Full Pension Scheme pronounced by the Hon’ble HC Kerala was challenged by EPFO through Special Leave Petition (Civil) in the Hon’ble SC vide Diary No 9610/2019. This SLP of the EPFO was dismissed by the Hon’ble Supreme Court on 01.04.2019. After dismissal of the SLP, the EPFO moved Review Petitions in the Hon’ble Supreme Court, which was pending before the Hon’ble Apex Court. Due to the collective efforts of various applicants and their counsels spread across the country the cases were heard in detail which supported EPF members rights and the judgment is delivered.

Now by utilising the powers exercised in Article-142 of the constitution, Hon Supreme Court has extended the cut off date for allowing the existing members of EPS scheme for the eligibility for Full pension. It is learnt that with this judgment, the Cut off date imposed in EPFO amendment in 2014 is not acceptable and the member can opt for the pension scheme without such cut-off date. The members of EPS scheme who were eligible right through 11(3) option who desire to get the full pension will have the continued right to do so by exercising the option as mentioned in 11(4). The time to exercise option extended for a further period of Four months. Hon’ble SC also observed that the additional contribution (1.16%) as envisaged in 2014 scheme, on the salary exceeding the limit (Rs 15000/- now) to be ultra vires (this portion suspended for six months to enable EPFO to make adjustments/provisions by EPFO). At the same time the basis of calculation for pensionable salary (60 months average) is not altered.

AIGETOA has always been in forefront of pursuing for the cause of executives. It was AIGETOA which made BSNL realize their mistakes and pursued for correction in the system. AIGETOA and it’s team fought for streamlining the system and forced BSNL to not to recover penalties from employees. All may recall that with continued persuasion from AIGETOA during 2016-2017 , BSNL Corporate office had issued letter vide Letter no NO: 500-85/CA II/BSNL/EPF/2013/Vol VI Dated 30.03.2017 for collection of options from the employee who desired to opt for full pension . Further since the matter was placed before Hon Court , the same was pending. AIGETOA team filed a separate case to get the relief as the case by NCOA was for exempted which had their own trust like NTPC etc. which had potential to rejected also and would have jeopardized the case of BSNL employees which was a non exempted organization where accounts are being maintained by EPFO directly. Our Team won the case at High Court Kerala.

Now AIGETOA will once again reach out to respected CMD BSNL, Dir (HR) and concerned section, to re-start the proceedings afresh and take necessary measures for final submission of all joint forms to respective EPFOs in order to give the relief to all BSNL recruits who desire to get the social security through the enhanced pension in line with the verdict of Hon’ble Apex Court today. Further all employees falling under EPF scheme are advised to ascertain from respective BSNL offices that their date of joining in the service remains updated in the EPF ledger as due to transfers of account from one place to another, discrepancies may occur.

Flash News :

Efforts of TEAM AIGETOA finally paid it’s dividend with Honble Supreme Court upholding the verdict of Honble Kerala HC for full pension eligibility. The case of members from Kerala was also tagged in the main case and finally the efforts lead by CS AIGETOA Shri Shaheer and ACS AIGETOA Shri Ansal and his team members have got huge benefit for all the BSNL Recruits. Now all the BRs will have the option to exercise full pension option.

The options as per clause 11(4) will have to be called within four month’s. The average of 12 months Basic + DA is not accepted which is kept as average of 60 months

Kudos to Team AIGETOA Kerala for the marvellous feat.