EFS EPS EPF EDLI and group term insurance policy
7 months ago
My married brother, Age 38 years died with pancreatic cancer recently. He wrote his nominee as my mother.May be around 6 months back he kept his mother as his enominee. Earlier he didn't put any nominee.My parents are very old they brought so many loans from outside for his treatment and also there is around 80L loan on his house. Now my brother office is telling that the deafault naminee is his wife, they want to send all his FFS,EPS,EPF,EDLI amount will send to his wife.please tell me the legal advice to whom it will go?
A.Dear Client,
If a member has a family at the time of making a nomination, it must be in favour of one or more members of his family for EPF/EPS/EDLI Schemes. If a member does not have a family at the time of nomination, the nomination may be in favour of any person or persons; but, if the member later develops a family, the nomination is deemed INVALID and the member must submit a new nomination. Under the EPF Act - (i) in the case of a male member ‘’family’ means his wife, his children (whether married or unmarried), his dependent parents and his deceased son’s widow and children, and filing of nominations form by members is mandatory as per para 33, 34 and 61 of EPF Scheme,1952. Being a Class - 1 heir under the Hindu Succession Act, 1956, the widow of the deceased member can claim the benefits available under social security laws like, EPF/FPS/EPS/EDLI etc as a legal heir by following that procedure, instead of as a nominee. The dependent mother of the deceased employee, being a Class 1 heir can also claim the share of the benefits available under social security laws by approaching the P F Tribunal and/or a Civil Court. Reach out to an Advocate practicing the social security laws for guidance and steps.
If a member has a family at the time of making a nomination, it must be in favour of one or more members of his family for EPF/EPS/EDLI Schemes. If a member does not have a family at the time of nomination, the nomination may be in favour of any person or persons; but, if the member later develops a family, the nomination is deemed INVALID and the member must submit a new nomination. Under the EPF Act - (i) in the case of a male member ‘’family’ means his wife, his children (whether married or unmarried), his dependent parents and his deceased son’s widow and children, and filing of nominations form by members is mandatory as per para 33, 34 and 61 of EPF Scheme,1952. Being a Class - 1 heir under the Hindu Succession Act, 1956, the widow of the deceased member can claim the benefits available under social security laws like, EPF/FPS/EPS/EDLI etc as a legal heir by following that procedure, instead of as a nominee. The dependent mother of the deceased employee, being a Class 1 heir can also claim the share of the benefits available under social security laws by approaching the P F Tribunal and/or a Civil Court. Reach out to an Advocate practicing the social security laws for guidance and steps.
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A.Dear Sir,
Since your mother is the nominee so the employee cannot give amount to the wife of deceased. Go to civil court and get appropriate order.
Since your mother is the nominee so the employee cannot give amount to the wife of deceased. Go to civil court and get appropriate order.
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