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Union of India - Section

Section 9 in The Employees' Pension Scheme, 1995

9. Determination of eligible service.

- The eligible service shall be determined as follows:
(a)In the case of "new entrant" the "[contributory service] [Substituted "actual service" by Notification No. G.S.R. 226(E), dated 26.3.2015 (w.e.f. 16.11.1995).]" shall be treated as eligible service. The total [contributory service] [Substituted "actual service" by Notification No. G.S.R. 226(E), dated 26.3.2015 (w.e.f. 16.11.1995).] shall be rounded off to the nearest year. The fraction of service for six months or more shall be treated as one year and the service less than six months shall be ignored.
Explanation. - In the case of employees employed seasonally in any establishment the period of "[contributory service] [Substituted "actual service" by Notification No. G.S.R. 226(E), dated 26.3.2015 (w.e.f. 16.11.1995).]" in any year, notwithstanding that such service is less than a year shall be treated as a full year.
(b)In the case of the "existing member" the aggregate of [contributory service] [Substituted "actual service" by Notification No. G.S.R. 226(E), dated 26.3.2015 (w.e.f. 16.11.1995).] and the "past service" shall be treated as eligible service:
Provided that if there is any period in the "past service" for which the contributions towards the Family Pension Scheme, 1971 has not been received, the said period shall count as eligible service only if the contributions thereof have been received in the Employees' Pension Fund.[Explanation. [ Substituted by G.S.R. 594(E), dated 21.8.2009 (w.e.f. 21.8.2009).]-For the purpose of this sub-paragraph, the aggregate of [contributory service] and past service for less than six months shall be ignored and six months and above shall be rounded off to a year.]