EPF, EPS and EDLI Schemes 2026
Complete Guide for Employers and Employees

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Devyani Bhati
Devyani Bhati

Published on: Jul 30, 2026

Akshit Rai
Akshit Rai

Updated on: Jul 31, 2026

(5 Ratings)
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In landmark shift towards modernizing workforce compliance and employee welfare Ministry of Labor and Employment under Section 15 of the Code on Social Security, 2020, has notified three unified social security schemes which came into effect on June 29th, 2026.

These three newly introduced schemes supersede Employee’s Provident Funds Scheme of 1952, Employee’s Pension Scheme of 1995 and Employee’s Deposit-Linked Insurance Scheme of 1976 and create a three-tier statutory safety net. The 2026 regulations institute a modern, digital first compliance and governance standard. To support this transition government has also introduced three companion relief initiatives i.e Employees’ Enrolment Campaign (EEC), VISHWAS and AMNESTY providing employers with a time bound opportunity to regularize past worker records and resolve legacy dispute liabilities.

Employee’s Provident Funds (EPF) Scheme, 2026

Notified under Section 15(a) of Code on Social Security, 2020 EPF Scheme, 2026 maintains the foundational 12% contribution architecture and digitizes administrative workflow and updates withdrawal, compliance and trust governance rules.

  1. Contribution Structure
    • Mandatory contribution remains 12% of wages for both employer and employee, capped at the statutory wage ceiling of Rs.15000/month.
    • Employees can contribute above the Rs.15000 ceiling voluntarily. Employer matching on voluntary amount is optional, but extra contribution incure standard administrative charges.
  2. Streamlined Withdrawals
    • Simplified Partial Advances consolidated into 3 categories
      • Essential Needs: Illness, education (up to 10 % per career), and marriage (up to 5 times per career).
      • Housing: Home construction, purchase, or loan repayment.
      • Special Circumstances: Capped at 100% of the eligible balance (total accumulated balance minus a mandatory 25% minimum retention floor)
  3. Digitized Employer Compliance
    • Electronic Filings: Physical filings are eliminated. Employer shall file:
      • Form V (Consolidated Employee Return), filed within fifteen (15) days of coverage.
      • Form VII (Electronic Challan-cum-Return/ECR), filed monthly within fifteen (15) days of month-end.
      • Form VI (Ownership Return), Disclosing directors, partners or managers on registration and updated within fifteen (15) days of any change.
    • Principal Employer Liability: Principal employers are explicitly held responsible for the PF compliance of contract workers if the contractor is not independently registered.
    • Strict Settlement Timelines: Claims must be settled within 20 days
  4. Exempted PF Trust Regulations
    • 3-Year Initial Exemption: Formal exemptions for private company run PF trusts are capped at an initial 3-year validity, subject to renewal based on positive net worth and audit criteria.
    • Private Trusts cannot credit interest to members accounts higher than 200 basis point above EPFO notified rates.
  5. Paragraph 60 of the EPF Scheme, 2026 explicitly creates a statutory pathway to resolve legacy non-compliance and litigations through distinct sub-schemes:
    Legal Scheme Name Statutory Coverage / Section Window Period & Legal Effect
    VISHWAS, 2026 Disputes under Section 14B of the 1952 Act and Section 128 of the Code on Social Security, 2020. 6 Months from 29 June 2026. Allows employers to settle pending penalty and damages disputes for defaults committed up to 14 June 2024 at lower, recomputed concessional rates.
    AMNESTY, 2026 Retrospective exemptions under Section 17 of the 1952 Act and Section 143 of the Code on Social Security, 2020. 6 Months from July 2026. Allows establishments managing private Income-Tax recognized PF trusts to regularize and formalize their statutory exemption status retrospectively.
    Employee’s Enrolment Campaign, 2026 Registration frameworks under the Code on Social Security. Ongoing. Protects employers from standard penal liabilities if they voluntarily declare and enroll previously unmapped workers.

Comparison Between EPF Scheme, 1952 vs. EPF Scheme, 2026

Legal Parameter EPF Scheme, 1952 (Old) EPF Scheme, 2026 (New)
Parent Enactment Section 5 of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (Repealed). Section 15(1) read with Chapter III of the Code on Social Security, 2020.
Statutory Definitions “Basic Wages” governed by Section 2(b) of the 1952 Act, leading to extensive litigation on allowances. Aligned with Section 2(88) of the Code on Social Security, providing a uniform, strict definition of “Wages”.
Contractor Liability Ambiguous split between Principal Employer and Contractors under Paragraph 30/36. Explicitly defined statutory liability for registered vs. unregistered contractors.
Voluntary Contributions Locked in annually once opted into by the employee. Permitted to start, reduce, or stop VPF at any time with no annual lock-in period.
Damages for Default / Delay Governed under Section 14B of the 1952 Act with heavy penalty structures. Governed under Section 128 of the Code on Social Security; launched alongside the “VISHWAS, 2026” settlement window to lower penal damages.
Exempted Trust Governance Monitored manually via regional inspectors with decentralized reporting rules. Mandates dematerialized investments, annual public audits, and unified online transparency disclosures.
Returns Filing Mandate Multiple fragmented paper or portal forms filed separately (Forms 5, 10, 12A). Consolidated statutory Form V filed electronically within 15 days, requiring Aadhaar-seeded KYC.
One-Time Regularization No inherent permanent clause to correct past registration defaults. Introduces the Employees’ Enrolment Campaign, 2026 (valid till Oct 31, 2026) to backdate missed employees.

Employee’s Pension Scheme (EPS), 2026

Notified under Section 15(b) of Code on Social Security, 2020 EPS, 2026 supersedes the earlier EPS scheme of 1995 and Family Pension scheme, 1971 while ensuring automatic continuity and preservation of accrued rights for all existing members.

  1. Statutory Framework and Financial Allocation
    • Employer Share: 8.33% of the employee’s statutory wages (up to the Rs.15000 monthly wage ceiling or higher if opted under the joint higher pension option) is diverted to the Pension Fund.
    • Central Government Contribution: 1.16% of statutory wages up to the wage ceiling.
    • Pensionable Salary: Calculated as the average monthly basic pay plus dearness allowance (DA) drawn during the last sixty (60) month of eligible service prior to exit.
  2. 36- Month Waiting Period for Withdrawal Benefits, Members who leave covered employment before completing 10 years of service can no longer claim a lump-sum withdrawal benefit immediately. Under EPS Scheme, 2026, withdrawal can be filed after:
    • 36 continuous months from the last contribution due date, or
    • Reaching the age of superannuation (whichever is earlier).
  3. Statutory Mandate for Higher Pension Option: Eligible members who jointly opt with their employer to contribute on actual wages (allocating 9.49% of employer contribution) receive legally backed higher pension rights under codified rules.
  4. Strict 20-Day Settlement Timeline: Pension Claim Processing is bound by a statutory 20-day Service Level Agreement (SLA). Unjustified processing delays beyond 20 days incur a 12% per annum simple interest penalty payable directly to the beneficiary and recoverable from the defaulting official.
  5. Deferral Increment: Members who chose to defer receiving their superannuation pension beyond 58 years up to age 60 earn a statutory incremental enhancement of 4% per additional year of deferral.
  6. Streamlined Priority of Beneficiaries: Establishes a strict legal hierarchy for family pension disbursal in the absence of a surviving spouse/children.
  7. Governance & Audit Controls:
    • Annual Actuarial Valuation, Central Board of Trustees (CBT) must conduct mandatory yearly actuarial valuations of the Pension Fund to assess long-term solvency.
    • Cross-Border Totalization: Incorporates specific detachment and totalization rules for International Workers, allowing foreign service under bilateral Social Security Agreements (SSA’s) to count toward the ten (10) year qualifying service requirement.

Comparison Between EPS, 1995 vs. EPS, 2026

Parameter / Feature EPS, 1995 (Old Regime) EPS, 2026 (New Regime)
Parent Act / Governing Authority Enacted under Section 6A of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (now repealed). Enacted under Section 15(1)(b) read with Chapter III of the Code on Social Security, 2020.
Statutory Definitions of “Wages” Governed under the restrictive terms of Section 2(b) of the 1952 Act. Tied directly to the uniform, strict definition of “Wages” under Section 2(88) of the Social Security Code.
Higher Pension Statutory Rooting Guided by ad-hoc EPFO administrative circulars following the Supreme Court judgment of November 2022. Statutorily Codified: Employers contribute an additional 1.16% on salaries above ₹15,000 for joint-option members (total 9.49%).
Lump-Sum Withdrawal Waiting Period Immediate payout allowed upon exiting employment (if cumulative service is under 10 years). 36-Month Waiting Period mandatory from the date the last contribution was due before processing lump-sum withdrawals.
Continuous Unenrollment Defaults No specific mass amnesty for long-standing past omissions. Employees’ Enrolment Campaign, 2026: Active window allowing employers to rectify missed enrollments from April 1, 2009.
Claim Settlement Mandatory Timeline Allowed up to a statutory limit of 30 days under older regional office guidelines. Reduced strictly to 20 days from the date a complete application is submitted online.
Penalty on Delayed Approvals No direct fiscal penalty payable to the subscriber for structural delays. 12% per annum simple interest must be credited to the member, directly recovered from the defaulting officer’s salary.
Permanent Disablement Pension Required ad-hoc medical boards with lengthy approval protocols under Paragraph 15. Entitlement starts immediately if at least 1 month’s contribution is processed, with evaluation via codified medical rules.
Exempted Establishments Audit Governed via localized annual compliance returns under Paragraph 39. Strict mandates for dematerialized pension book valuations and unified disclosures to the Central Board.

Employee’s Deposit-Linked Insurance Scheme (EDLI), 2026

Notified under Section 15(c) of Code on Social Security, 2020, EDLI Scheme, 2026 formally supersedes the legacy EDLI Scheme of 1976. It provides automatic life insurance coverage to all active members of the Employees Provident fund, including employees of exempted private PF trust.

  1. Continuity of Service Rules (60-Day Gap Clause)
    For Calculating the 12-month continuous service required for maximum payouts, a gap of up to 60- days between changing jobs is ignored. Multiple jobs under same UAN are aggregated together for total wages and service history.
  2. Death Within 6 Months of Last Contribution
    If an employee passes away within 6 months of last PF contribution while still on the employer’s active roll, the family remains fully eligible for EDLI assurance benefits.
  3. Strict 20-Day Service Level Agreement (SLA) & Officer Liability
    Claims must be processed and paid electronically within a statutory deadline of 20 days from receipt of a complete application. Unjustified delays attract 12% per annum penal interest, which is directly recoverable from the salary of defaulting regional PF Commissioner.
  4. Direct Employer Liability for Private Group Insurance (Exempted Units)
    Establishments exempted from EDLI through private IRDAI-approved group term insurance policies face strict liability.

Comparison Between EDLI Scheme, 1976 vs. EDLI Scheme, 2026

Legal Parameter EDLI Scheme, 1976 (Old Regime) EDLI Scheme, 2026 (New Regime)
Parent Act / Statutory Rooting Enacted under Section 6C of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (Repealed). Enacted under Section 15(1)(c) read with Chapter III of the Code on Social Security, 2020.
Wage Ceiling Definitions Based on “Basic Wages” under Section 2(b) of the 1952 Act, capped at ₹15,000 for contribution calculations. Tied directly to the unified definition of “Wages” under Section 2(88) of the Code on Social Security, 2020.
Minimum Payout Guarantee Regulated by ad-hoc, temporary administrative notifications that required periodic renewals. Statutorily Codified: Permanently institutionalized via the schedule rules of the 2026 Scheme (Minimum ₹2.5 Lakh).
Exemption Provisions for Employers Employers could seek exemption under Section 17(2A) of the 1952 Act by providing equal/better private group insurance. Governed under Section 143 of the Code on Social Security, 2020, enforcing stricter compliance audits for private group insurance policies.
Statutory Claim Timeline 30 days under older regional administrative guidelines. Reduced strictly to 20 days from the date a complete digital application is submitted online.
Legal Penalty for Delayed Settlement No direct fiscal penalty payable to the claimant’s heirs for structural delays. 12% per annum simple interest must be paid to the nominees on delayed claims, directly recovered from the defaulting officer’s salary.
Nomination Legality & Validity Governed by legacy manual nomination structures. Existing nominations become void if inconsistent with updated family definitions; mandates fresh digital e-nominations via Aadhaar-linked UAN.
Recovery of Defaulting Contributions Recovered via Section 7A and Section 14B (Damages) of the 1952 Act. Recovered through the machinery of Section 128 and Section 129 of the Code on Social Security, 2020, with streamlined dispute resolution via the VISHWAS, 2026 window.

Conclusion

The unified notification of EPF, EPS and EDLI Schemes under Section 15 of the Code on Social Security, 2020 marks a structural evolution in India’s labor compliance and social security regime. By replacing legacy frameworks with digitized administration, strict 20-day SLA bound claim settlements, and unified withdrawal and pension terms, 2026 regulations establish a more predictable ecosystem for both employers and workforce members. Ultimately, these reforms successfully merge digital governance with social welfare, delivering faster, guaranteed benefit disbursals for workers while providing employers with a modernized, legally robust compliance framework.

Frequently Asked Questions (FAQS)

New Social Security Schemes, 2026 came into force on June 29th, 2026.

No, the rate remains 12% (employee) and 12% (employer) up to the statutory wage ceiling of Rs. 15,000/month. Contributions above Rs. 15,000 are formally categorized as voluntary.

The old 13 withdrawal categories have been consolidated into 3 broad heads: Essential Needs (illness, education, marriage), Housing Needs, and Special Circumstances (calamities).

Yes, EPFO is required to process claims within 20 days. Unexplained delays attract a 12% per annum interest penalty payable to the claimant.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.

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Charushree Bhati
Charushree Bhati
1 day ago

Great insights !!!!

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