Under the Payment of Gratuity Act, 1972, it is employer’s statutory liability
to pay 15 days salary (15/26 of a month's wages) for every completed year
of service to each of his employees on their exit, for any reason after five
years of continuous service, subject to maximum limit of 3.5 lacs. Higher
benefits can be paid if the employer so desires.
Gratuity payable to the employees can be paid as and when liability arises
and can be claimed as deductible expense under P & L A/c of the relevant
financial years. However, the sound system of financial management envisages
providing for Gratuity liability every year and claiming the tax benefits
as it is mandatory as per Accounting Standards 15 (AS15) to account for the
liability on Actual basis.
This can be done by creating a Trust, managed privately or by insurance
company and paying the amount to the Trust every year. In case of Privately
Managed Trust, investment of funds will have to be done as per Income-Tax
Act by the trustees and entire administration of the Trust including Actuarial
Valuation will be the responsibility of the Trustees.
In case of insurance company managed trust, the job of investment and actuarial
valuation is taken over by the corporation free of charge and in addition,
interest is paid by the Corporation on the accumulated funds.
The employer has to pay an initial contribution at the inception of the
scheme to secure past Service gratuity. The initial contribution may be paid
in lump sum or spread over a maximum period of five years. The corporation
determines contribution payable as annual premium, under the policy, on the
basis of an actuarial variation of the gratuity liability subject to the
statutory limit of 81/3% of the annual wage bill taking into consideration
the relevant factors. When the Trustees pay the contribution under the policy,
the amount required towards the premium for life insurance benefits is utilized
and balance is credited to the running account of the scheme which accumulates
at an interest rate declared by insurance company form time to time.
When the contingency of payment of gratuity arises the necessary amount
is withdrawn from the running account for making payment. Upon a claim arising
by death the gratuity pertaining to the past service is withdrawn from the
running account and the balance is paid from insurance company's Life fund.