How central govt employees’ family pension will be paid in different conditions; check latest rules
What the new rules state
Here is what the Press Information Bureau (PIB) release states:
In accordance with sub-rules (8) and (9) of Rule 50 of the CCS (Pension) Rules, 2021, in the event that a deceased government employee or pensioner leaves behind a spouse, the spouse receives family pension benefits first, and children and other family members only become eligible for benefits after the spouse of the deceased employee or pensioner passes away or loses eligibility.
Consequently, it was determined that a female government employee or pensioner can request a family pension to be granted to her eligible child or children after her death, in preference to her husband, in the event that her divorce proceedings are still pending in court, or if she has filed a case against her husband under the Indian Penal Code, the Protection of Women from Domestic Violence Act, or the Dowry Prohibition Act in the following manner, according to the PIB release dated January 2, 2024;
Where, in respect of a female Government servant/female pensioner, divorce proceedings are pending in a competent Court of Law, or the female Government servant/female pensioner has filed a case against her husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under Indian Penal Code, the said female Government servant/female pensioner, may make a request in writing to the concerned Head of Office to the effect that, in the event of her death during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse;
· In the event of the death of the female Government servant/female pensioner, who had made a request under clause (a), during the pendency of any of the aforesaid proceedings, the family pension shall be disbursed in the following manner, namely:· Where the deceased female Government servant/female pensioner is survived by a widower and no child/children is eligible for family pension on the date of death of the female Government servant/female pensioner, family pension shall be payable to the widower.· Where the deceased female Government servant/female pensioner is survived by a widower with a minor child/children or a child/children suffering from disorder or disability of mind including the mentally retarded, the family pension in respect of the deceased shall be payable to the widower, provided he is the guardian of such child/children and if the widower ceases to be the guardian of such child/children, such family pension shall be payable to the child through the person who is the actual guardian of such child/children. Where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become payable to such child from the date on which he/she attains the age of majority.
· Where the deceased female Government servant/female pensioner is survived by a widower with a child/children who has/have attained the age of majority but is or are eligible for family pension, the family pension shall be payable to such child/children.
· After the child/children referred to in clause (ii) and (iii) above cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to other child/children, if any, eligible for family pension.
· After all the children cease to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, family pension shall become payable to the widower till his death or remarriage, whichever is earlier.
· This amendment is progressive in nature and would empower women employees/pensioners significantly, the release said.
Sub-rules (8) Rule 50 of the CCS (Pension) Rules, 2021
If the deceased Government servant or the pensioner is survived by a widow or widower, family pension at the rate specified in sub-rule (2) shall be payable to such widow or widower, up to the date of death or re-marriage, whichever is earlier and the eligibility of widow or widower for family pension shall not be affected by the amount of her or his income from other sources.
Sub-rule (9) of Rule 50 of CCS (Pension) Rules, 2021
If the deceased Government servant or the pensioner is not survived by a widow or widower or if the widow or widower dies or ceases to be eligible for family pension, family pension at the rate specified in sub-rule (2) shall be payable to the child or children who fulfil the certain conditions.
