All social security schemes provide death benefits in case of the employee/member’s demise. It is important for the member’s family to be aware of these death benefits claim process so that if and when the time comes to put them into action, they are not left in a loop. Monetary funds are extremely important at such trying times and knowing the process to claim death benefits for all important schemes will help in the long run. This article covers the death benefits claim process for PF, Pension, ESI, LWF and Income Tax.
Table of Contents
Death Benefits for Members
ESI – Employee State Insurance
The Employees’ State Insurance (ESI) Act 1948 provides financial security for medical reasons like maternity, disability, etc., to employees of a factory and their dependents. This ESI calculation applies to non-seasonal factories using power, which employ 10 or more employees, and non-power using factories that employ 20 or more employees. Both the employers and the employees contribute towards the ESI Act 1948. The Employees’ State Insurance Corporation (ESIC) is a statutory corporate body under the ESI Act 1948. It is responsible for the administration of the ESI Scheme. Read more about the nitty gritties of ESI in ESI Act 1948 | Calculation, Late Payment, All Details.
What death benefits do dependent receive?
Under ESI, a member’s family can get a death benefit claim if the member’s demise was due to any work-related accident or injury.
The member’s widow, member’s widowed mother and member’s children receive life time pension, medical care and funeral expenses.
How much death benefits do dependent receive?
Life time pension
The dependents receive a pension rate equal to 90% of the wages of the insured member. This dependent pension rate will be divided between the member’s widow, parents and children as follows:
- The member’s widow receives 3/5th of the pension rate, while two of the children receive 2/5th of the pension rate each until they turn 25 years of age.
- However, unmarried daughters receive 2/5th of the pension rate until they get married.
- Additionally, the member’s mother receives 2/5th of the pension rate.
- If the member’s children are handicapped and solely dependent on the member for their living, then they receive pension for their lifetime until they get other sources of income or get married.
- However, if the deceased member does not have a wife or kids then 3/10th of the pension rate goes to his parents or paternal grandparents, whoever is alive.
- Overall, the sum of all pensions must not exceed 90% of the member’s wages.
Funeral expenses
The ESI Department pays the insured member’s dependent funeral expenses incase of the member’s demise. This was earlier Rs 10,000 which got revised to Rs 15,000 in 2018.
Medical care
As per the ESI 106th Meeting held in 2014, it was decided that any widow who was receiving dependent’s pension benefit would also receive ESI death benefits. She would have to pay an annual fee of Rs 121. Thus, she will be able to take all ESI benefits except the super-specialty treatment.
Documents required for claiming ESI death benefits
The following documents are needed to be submitted to receive death benefits:
- Form 15 or pension claim form
- Form 95-D for funeral expenses
- Accident report
- Witness report
- Attendance report of deceased employee and witness employees
- Hospital bill if any
- FIR copy
- Police inquest report
- Post mortem report
- Chemical analysis report
- Death certificate
- ID proof of expired employees
- Bank details of dependents
- Birth certificate of dependent children
- Marriage certificate of widow
- 3 photos of wife and children
EPF – Employee Provident Fund
The Employees’ Pension Scheme (EPS) was launched in 1995. It is a social security scheme by the Employees’ Provident Fund Organization (EPFO). This scheme provides financial assistance to employees who have been working in an organized sector post their retirement at 58 years of age. While the scheme is only eligible for those employees who have been in service for a minimum of 10 years, any employee who passes away is eligible for pension.
What death benefits do dependents receive?
In case of the death of the PF member, his widow, children and parents will be eligible to receive his lifelong pension amount.
Along with pension, the deceased member’s dependents also receive EDLI benefits. This EDLI benefit is for lifetime if the member expires during his employment period.
How much death benefits do dependent receive?
EDLI
Member’s dependents receive EDLI benefit is the member expires before his date of exit from his employment. This can be a maximum of Rs 6 lakh. Read more about EDLI in All About EDLI (Employees Deposit Linked Insurance Scheme).
Pension
If the member expires before 58 years of age and beginning of his pension then his widow will receive either the pension he is eligible for a minimum of Rs 1000/month. However, if member expires after his pension has already begun then his widow will receive 50% of that pension for her lifetime. Additionally, two of the member’s kids will receive 25% of the widow pension amount individually until they reach 25 years of age.
If the deceased member’s wife has also passed away then two of his kids will receive 75% of his pension until they are 25 years of age. However, if the deceased member’s children are disable then they will receive lifetime pension regardless of age. If the deceased member has no wife or kids, then his nominee will receive his lifelong pension. This nominee can be his parents. But if the member did not complete his pensionable service then his parents will get return of capital.
Documents required for claiming Pension death benefits
The following documents are needed to be submitted to receive death benefits:
- Combined Death Claim Form (earlier separate Forms 20, 10D, etc were required)
- Death certificate
- Aadhaar card of wife and children
- Birth certificate of wife and children
- Separate bank account details (passbook copy) of wife and children (preferably in SBI)
- 3 Passport size photo in color of wife and children
- 3 Joint passport photo of wife and children
What are the major changes in EPS scheme after 2014? (Including retired as well as servicemen)
There are two warnings if an employee is working for a long duration but hasn’t reached the pension withdrawal age, then upon changing jobs, must continue the pension and PF credentials to the new office. A lapse can happen when for continuous 36 months the contribution has not been paid, even though the service can be of more than 20 years. An employee must maintain regularity to refrain from the lapses. Another amendment is that if an employee has been promoted to a superintendent above the age of 58, then, in this case, the concerned employee can increase the contribution up to 60 years. Moreover, the employer has no say in whether the employee wants to increase their pension contribution period. No change in documentation. Read more about this in Interview with Neeraj Bhargava and Ram Niwas Bairwa.
Labour Welfare Fund
Labour welfare can be seen as any assistance in terms of money or kind for the working class. These facilities help the labourers in improving their working conditions, assisting their social security, and raising their standard of living. The Labour Welfare Fund Act encapsulates a variety of services, benefits and other facilities which an employer offers to the employee. These facilities are offered in the form of contributions from the employer and the employee.
The Labour Welfare Act is currently active in only 15 states of the country out of the total 34, including the Union Territories. These are – Andhra Pradesh, Chandigarh, Chhattisgarh, Delhi, Goa, Gujarat, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharshtra, Odisha, Punjab, Tamil Nadu, Telangana and West Bengal.
What death benefits do dependents receive?
Since this is a State Act, the deceased member’s dependents get different death benefits as per the state they reside in. For example, in Haryana, the deceased member’s widow receives Rs 2 lakh as death benefit. There are certain rules and regulations pertaining to this. Additionally, Haryana government also gives funeral expenses subject to the deceased member’s monthly wages being less than Rs 25,000.
Income Tax Return
There is no direct death benefit for income tax return filing. But it is helpful indirectly when claiming the deceased person’s life insurance cover.
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