Employers Can't Retrospectively Boost EPS-95 Pension, Rules Kerala HC

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News18•22-12-2025, 14:31
Employers Can't Retrospectively Boost EPS-95 Pension, Rules Kerala HC
- •Kerala High Court ruled employers cannot retrospectively contribute to EPS-95 beyond statutory limits for higher pensions.
- •The ruling overturns a Single Judge's order concerning 67 retired Cochin International Airport Limited (CIAL) employees.
- •Court cited EPF Act, 1952's lack of provision for retrospective enhancement and actuarial basis of funds.
- •Employees and employer did not exercise the "joint option" under Paragraph 26(6) during service.
- •Decision has significant implications for higher pension claims across India, emphasizing timely joint option.
Why It Matters: Employers cannot retrospectively contribute for higher EPS-95 pensions; timely joint option is crucial.
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