Exempted PF Trust - Contributions, Withdrawal from Exempted PF Process
What Exactly is an Exempted PF Trust – Understanding the Concept in Depth
When a private employer sets up a PF trust under the provisions of the Employees' Provident Fund Organisation and obtains exemption under Section 17 of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, the establishment becomes what is commonly known as an Exempted PF Trust. In simple terms, this means: rather than contributing monthly to the EPFO-administered central provident fund scheme for its employees, the employer’s contributions (along with employees’ contributions) flow into the employer’s own trust which is governed by rules issued by EPFO, under supervision.
While it may sound like just an alternate mechanism, the implications are significant: the employer has more flexibility in fund management, employees may experience different servicing protocols, and transparency and portability considerations change. The EPFO still retains regulatory oversight, as captured in the SOP titled “Standard Operating Procedure for Management & Regulation of EPF Exempted Establishments”.
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How Contributions Work in an Exempted PF Trust – Employee, Employer & Regulatory Requirements
Employee & Employer Contribution Mechanics
Under an exempted trust, contributions work much like the standard EPFO model: the employee contributes a portion of Basic + Dearness Allowance (in many cases 12%) and the employer matches contribution (unless the trust rules allow a higher employer contribution).
Additionally, for employees eligible under the pension scheme, 8.33% of employer’s contribution is credited to the pension fund (EPS) managed by EPFO, and the exempted trust has to ensure this is accounted for.
Investment, Interest Credit & Compliance
Unlike EPFO’s central fund which invests in government securities and fixed income predominantly, a well-governed exempted trust may have more investment flexibility (though constrained by EPFO’s investment pattern guidelines). One major requirement: the trust must declare interest “not lower than” the rate declared by EPFO for that year.
The trust must file monthly and annual returns, issue account statements, ensure timely crediting of contributions and interest to members, and comply with audits. For instance, the SOP requires the Board of Trustees to issue an annual account statement within six months of financial year end.
Administration & Charges
From the employer’s side, choosing an exempted status can reduce certain administrative charges: inspection fees for exempted establishments are lower. For employees, this may translate to slightly better servicing and responsiveness.
Withdrawal and Transfer Process in an Exempted PF Trust – Step-by-Step for Employees
Step 1: Confirm Status & Gather Information
First, an employee should confirm whether their establishment is exempted. EPFO publishes a list of exempted establishments (see the PDF list of ~1,300 firms) which employees can check. Gather these details: your PF account number under the trust, period of service, HR contact, trust name, last contribution date.
Step 2: Decide Whether to Withdraw or Transfer
- Withdrawal: If you leave the job permanently, or move to a sector where PF is not covered, you may seek final settlement.
- Transfer: If you join a new employer whose PF is under EPFO (or another exempted trust) and you want continuity of service, you should consider a transfer of the existing trust balance. According to sources you can transfer from one exempted trust to another, or from exempted to EPFO, subject to rules.
Step 3: Submission of Forms and Verification
For withdrawal: Submit the trust’s settlement form (the trust usually provides its own form or refers to EPFO format). Trust verifies service, contributions, issues final statement.
For transfer: Submit Form 13 (Transfer Claim Form) typically via EPFO portal if moving to EPFO coverage, along with trust’s statement and past service details.
Step 4: Withdrawal Settlement or Transfer Credit
On approval:
- If withdrawing: The trust releases the amount (employee contribution + employer contribution + interest) according to the trust rules and EPF scheme norms.
- If transferring: The balance is credited into your new PF account; service period is carried forward, but you must confirm the continuity for pension eligibility etc.
Step 5: Post-Exit Follow-Up
Ensure you get the settlement statement, keep records of service, balance, date of exit. Monitor that the transfer has been properly credited (if applicable) and your UAN reflects correct past service.
Benefits and Employee Considerations – What You Should Know Before You Decide
Potential Benefits
- Possibility of higher returns: Because exempted trusts may invest in broader instruments (while still adhering to rules) they may announce interest rates at or above EPFO rate.
- Faster servicing & flexibility: Employees report that some trusts are more responsive in processing withdrawals/loans than the EPFO central system.
- Tailored benefits for employees: Some trusts may offer enhanced retirement benefits, loans, or special internal rules (though these must align with EPFO norms).
Key Considerations / Risks
- Lack of full online transparency: For many exempted trusts your balance may not appear in EPFO’s online passbook portal; you may need to rely on employer/trust statements.
- Transfer complications: Moving from exempted trust to EPFO coverage (or another trust) may take more effort and can impact service continuity unless done properly.
- Regulation still applies: The trust must follow EPFO investment pattern and audit rules. If it fails, the exemption may be cancelled. SOP stipulates liabilities for deviation.
- Employer risk: Since the trust is employer-managed, employees may perceive slightly higher risk compared to central EPFO funds (though legally protected) because it relies on employer/trust compliance.
Eligibility Conditions & What Employees Must Check
- Your employer must have obtained an exemption order under Section 17 of the EPF Act and your establishment should be listed.
- You should have been a member of the trust from the date of exemption (or at least be covered during your service).
- Your contributions should have been remitted correctly to the trust and interest credited regularly (the trust must issue statements).
- On exit, withdrawal or transfer will require you to have service records, contribution records and trust documentation.
Summary: Why Exempted PF Trusts Matter and What to Do as an Employee
If you work for a company with an exempted PF trust, it can be an advantage because the employer may provide a well-managed retirement fund with flexibility and possibly higher interest. However, as an employee you must stay vigilant: keep track of your service, confirm your trust status, understand the withdrawal/transfer process, and maintain documentation. Doing so ensures you safeguard your Provident Fund benefits effectively.