PF CONTRIBUTION - If an employee has completed his 58 years (retirement age) and now we wants to continue him as contractor labor

Dear All, Good Morning, I am working in a company as Officer P&A and i want to know that \" If an employee has completed his 58 years (retirement age) and now we wants to continue him as contractor labor then is it compulsory to deduct his PF amount from his wages.\" if yes then please provide the section or rule under which this act comes.
3rd December 2014 From India, Gurgaon

Dear Mr. Rahul Johari,
What is your practice on a contract labour with an age of below 58 years? It should be continued because no where in the EPF & MP Act, 1952; the age of 58 years is mentioned, except in EPS-95. Hence provision is required not for continuation, but for cessation.
Abbas.P.S
5th December 2014 From India, Bangalore

Dear Abbas.P.S Sir,
A very Good Morning,
Sir you said that PF deduction should be continued, if we again hire them on retainer ship/contract basis. But I have heard that if some one completed his/her 58 year of age (retirement age) and withdrawal his whole PF amount than it's not mandatory. Please highlight this point whether its write statement or not.
R. Johari
20th October 2015 From India, Gurgaon

Dear rahul,
no pf should be deducted after the age of 58, so if the employee is retained by company after the retirement age, keep him on contract basic and pay him salary as professional charges.
Hope this will help.
Chetan
20th October 2015 From India, Rohtak

There is no age for retirement/relieving from EPF. If the service is continued after 58 years, PF also has to be continued. Abbas.P.S
21st October 2015 From India, Bangalore

Dear PSD Sir,
Which provision / section of EPF act provides liberty that employer is free from ambit of PF Coverage & hire any person above age of 58 Years.
No any provision are inserted for such. According to my opinion & understanding PF will be covered while EPS contribution will be prohibited. I
Kindly Confirm & Suggest.
Regards
24th October 2015 From India

Dear Sir,
Please help to confirm the following:
1. Employee who has completed 58 yrs of age and still in service will his EPF & EPS contribution be deducted from both employee and employer and paid to the dept
2.If he wishes to voluntarily contribute, is it possible and what will be the process?
Regards,
Radha M S
9901841800
3rd January 2018 From India, Chennai

Dear Ms. Radha,
Member can contribute under Pension Scheme upto attaining the age 60 years, hence you can continue his membership till he attaining the 60 yrs. of age. Thereafter if he remains in continuing employment, pension contribution will be added to his PF account. In other-words he will be member of only PF. There is no age limit for PF Membership as long as the employee is getting salary and not Professional or Consultation Fees.
Forwarding Pension Notification in attached file for the benefit of all.
Regards,
Suresh
3rd January 2018 From India, Thane

Attached Files (Download Requires Membership)

Pension_Notification_GSR440(E)_10062016.pdf (1.37 MB, 357 views)

one of our continue employee completed his 58 years now he wants to withdraw his pension fund, my question is

Should i make and upload seprate ECR for above 58 years of age employee or combined with below 58 years of age employee.

what is the process followed by employer to release his pension amount.
10th July 2021 From India, Bangalore

Dear Atiq,

There is no age limit for PF Membership as long as the employee is getting a salary and not Professional or Consultation Fees.
You can continue his PF Membership with the same PF no. and no separate ECR to be generated.
If he withdraws his pension after attaining the age of 60 yrs. he will get 4% extra benefit.

Regards,
Suresh
11th July 2021 From India, Thane