Under the Employees' Provident Fund Organization (EPFO), family pensions are provided. However, if an employee has two wives, there is confusion about which wife receives the pension first or second. The Employees' Retirement Scheme 1995 (EPS-95) of the EPFO ​​has strict succession and pension rules. If an EPFO ​​member dies and has two wives, the major question arises as to who will receive the pension. This depends on who appointed the successor. The EPFO ​​gives priority to the legal heir.

Legal validity and policy of EPFO

According to EPFO ​​rules, only his wife receives pension benefits. If there are two or more wives, she is considered the legal heir. The one who is legitimate as per the law receives the pension amount. Under the Hindu Marriage Act, it is illegal to have a second wife while the first wife is alive. The second wife does not get legal rights unless she is divorced from the first wife or until she dies. Or, without the consent of the first wife, the second wife does not get this right.

Even if the employee appoints another wife as his successor, the question remains unresolved. The first wife can claim this pension amount as the legal heir. The first wife can claim the pension. In the event of the first wife's death or legal divorce, the second wife receives the full pension benefit.

Pension division between the two wives?

In certain special cases, where religious laws, Muslim personal law, or traditions that recognize polygamy, have been applied. If an employee has more than one legally valid wife at the time of death, the pension amount is shared equally among the wives. However, according to the rules, the first wife has the first right to receive the pension. After the wife's death, if there is no second wife, the employee's children receive this amount until they reach the age of 25.

E-nomination facility

EPFO always advises members to complete the e-nomination process to avoid any future problems for the family. The definition of family includes spouse and children. Legally, if an employee inherits a non-family member, the heirs' rights come first. The employee's legal heirs are considered pre-eligible for the pension and receive the amount. Unmarried employees can nominate their parents as heirs.

PC: TV9