ard Pare wire AIRPORTS AUTHORITY OF INDIA ; nd By Scans * Nox As0011/Pen.celhi/MIsc/2022-Partfle | 9, 2\ 0% January, 2023, To, 5. 2 Regional Provident Fund Commissioner 1, Employees’ Provident Fund Organization, - : 28, Bhavishya Nidhi Bhawan, 7 Watirpur Industrial Area, é : ‘New Delhi — 110052 = lish: 7 Subject: Regarding Order of Hon‘bie Supreme 9f India in the matter of modifications made by MoL&E in EPS.95 “Reference is invited to this office letter of even No. dated 20/12/2022 on the above said subject (Copy enclosed), : 2. Vide the above letter, AAI had requested your good office to provide guidance regarding the applicability Of the provisions of the Judgement of Hon'ble Supreme Court of india regarding extending the benefit of submitting Fresh Joint Option Forms to exercise pension on Actual Pay/ Full Salary on.the various categories of employees in the Establishment of AAl. . : “3. Its informed that a number of representations have been received in this office from employees/ ex employees of AAI through which they have expressed their willingness to submit Fresh Joint Option Forms and. ‘exercise benefits of drawing pension on Actual Salary/ Full Pay. Several queries are being received inthis office from various categories of employees/ ex-employee regarding their eligibility to claim and derive these benefits as defined’n the Judgement dated 04/11/2022 of the Hon'ble Supreme Court 4, In view of the above, it is once again requested to provide clarification in this regard so that AAI may + determine the eligibility of employees/ ex-employees willing to Claim the benefits defined in the Judgement of Hon'ble Supreme Court of india. 5. inorder to.ensure that none of the employees/ ex-employees of AAl are devoid of any benefits it is requested that an early response in the matter may be provided so that AAI may be able to issue further necessary instructions to the concerned for submission of Fresh Joint Option Forms while adhering to the deadline of 3"° March 2023, as mentioned in the Judgement of Hon'ble Supreme Court which is approaching soon, Yours sincerely, Bahar (NIVEDITA DUBEY) : GENERAL MANAGER (HR) Wie ae TT WORT BAR atgeT AE AReet- 110003 ‘BRAT : 011-24632950 Rajiv Gandhi Bhawan ‘Safdarjung Airport, New Deihi-110003 Phone : 011-24632950AR TE te tere ter ‘nya melee "AIRPORTS AUTHORITY OF INDIA By Speed Post No. A.60011/Pen.Cell/HR/MISC/2022-PartFile| 344 20" December, 2022. To, . 7 Regional Provident Fund Commissioner - |, Employees’ Provident Fund Organization, 28, Bhavishya Nidhi Bhawan, Wazirpur Industrial Area, New Dethi~ 110052 Establis -0l Subject: Regarding/Order of Hon'ble Supre! if India in the matter of modifications made by MoLB&€E in EPS-95 . - Sir, . This is in reference to the Judgement pronounced by Hon'ble Supreme Court on (04/11/2022 in the matter of EPFO &Anr. Ys. Sunil Kumar 8 &Ors.” regarding amendments and modifications made in the Employees’ Pension Scheme 1995 whereby the Gazette Notification GSR 609 (E) dated 22/08/2014 of MoL&E has essentially been upheld and its provisions have been held as legal and valid. 2. Inthis regard, itis informed that many of our employees have submitted request for opting Pension on Actual Pay. Before these requests are forwarded to your good offices, it is requested to clarify regarding applicability of the provisions of the said Judgement on the following categories of employees inthe Establishment of AL: i. Employees who contributed to Pension Scheme as per Ceiling Pay and who separated from the services of AAI prior to 01/09/2014. ii. Employees who contributed to Pension Scheme as per Celling Pay and who separated from thie services of Al after to 01/09/2014. iii, Employees who joined prior to 01/09/2014, are still in service. in AAI and have been contributing to Pension-Scheme as per Ceiling Pay. iv. Employees who had opted for Pension on-Full Pay but submitted fresh Option Forms for Pensionon Ceiling Pay subsequent to 01/09/2014 Gazette Notification of MoL&E (1300 employees) and whose excess pension contribution deposited to EPFO is yet to be refunded to their PF Account v. Employees who had opted for Pension on Full Pay, however they failed to submit any fresh Option Forms (neither ‘A’ nor ‘B’) and therefore their Pension Option was ‘Deemed’ as; Pension Option ‘B’ as per provisions of MoL&E 2014 Gazette Notification, (213 employees) (Their excess pension contribution deposited to EPFO is yet to be refunded to their PF Account. at whe ait ar WHT CAG aigeT AE Feet 110003 ‘FLAT : 011-24632950 Rajiv Gandhi Bhawan ‘Safdarjung Airport, New Delhi-110003 ._* Phone : 011-24632950vi, Employees who joined AAI after 01/09/2014 but were previously working in another organization and were existing members of the Employees’ Pension Scheme as they were contributing to the Scheme on Ceiling Pay. The Pension Membership of these employees was continued in AAI and their Pension Contribution is being remitted to EPFO as per Provisions of EPS 1995 on Ceiling Pay. it may clarify whether the recent Judgement of Hon'ble Supreme Court is applicable to them and from which organization they must apply in case they wish to exercise Fresh Option Forms. 3. Considering the timeline given by Hon‘ble Court for implementation of the said directive, an early response in the matter is solicited please. Yours sincerely, \ ar (IIVEDITA DUBEY) GENERAL MANAGER (HR)