Family Pension Percentage and Eligibility- Hand Book 2023

The hand Book for Family Pension Percentage and Eligibility has been issued by DoPPW to know all the details about Family Pension

Family Pension Introduction

The family pension under Rule 54 of the CCS (Pension) Rules is in the nature of a welfare scheme framed to provide relief to the widowed spouse & children of a deceased employee or pensioner.

The employee has no control over the family pension as he is not required to make any contribution to it. It is not a property of the deceased employee/pensioner, therefore the entitlement for family pension cannot be decided by succession certificate.

The rules do not provide for any nomination, instead it designates the persons who are entitled to receive family pension. Thus, no other person except those designated under the rules is entitled to receive family pension.

Family categorisation for Family Pension

Family pension rules after death of pensioner

(i) As soon as a person enters in Government service, he/she is required to furnish details of his /her family in Form 3 to the Head of Office.

(sub Rule (12Xa) of Rule 54)

(ii) If the Government servant has no family, he shall furnish the details in Form 3 as soon as he acquires a family.

(sub Rule (12Xa) of Rule 54)

(iii) No Government servant having a spouse living, shall enter into, or contract, a marriage with any person, Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage.

(CCS conduct Rules 21)

Who are eligible for family pension?

(iv) For the purpose of grant of family pension, the family shall be categorized as below -:
► Spouse
► Children
► Parents
► Disabled Sibling
However their eligibility to receive family pension will be governed by orders issued from time to time.

(sub Rule 6 of Rule 54)

Eligibility of Spouse for Family Pension

(i) Family Pension is payable to widow or widower up to the date of death or re-marriage, whichever is earlier.

(sub Rule 6 of Rule 54)

(ii) Family pension will continue to be payable to a childless widow on re-marriage, if her income from all other sources is less than the amount of minimum family pension and the dearness relief admissible.

(sub Rule 6 of Rule 54)

Family Pension Eligibility to Children

(i) Family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him/her has become ineligible for the grant of family pension.

(sub rule B(iii) of Rule 54)

(ii) Where the family pension is payable to twins, it shall be paid to such children in equal share.

(sub rule 7(d) of Rule 54 J

Read : Family Pension Rules 2021

(iii) In the case of an unmarried son family pension will be payable until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest.

(sub rule 6(ii) of Rule 54 J

(iv) In case both wife and husband are governed by the provisions of family pension 1964, the surviving child or children shall be granted the two family pensions in respect of the deceased parents.

(sub Rule 11 of Rule 54)

(v) Family pension admissible to a beneficiary in respect of one deceased employee or pensioner is not to be counted as income for the purpose of determination of eligibility for another family pension which is admissible in connection with another deceased employee or pension.

(DoP&PW O.M. No 1/11/2011-P&PW 30th November 2011)

(vi) A child adopted by the spouse of the pensioner shall not be treated as a member of the family of the deceased pensioner.

(DoP&PW O.M. No 1/27/2011-P&PW dated 1st July 2013)

Eligibility of Disabled Child

(i) If the son or daughter of a Government servant is suffering from any disorder or disability of mind (including mentally retarded) or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty five years, the family pension shall be payable to such son or daughter for life.

(sub-rule 6 of Rule 54)

(ii) The family pension is payable to the disabled children for life after the youngest child attains the 25 years of age years. Thereafter family pension shall be resumed in favour of the child suffering from disability.

(sub rule 6 of Rule 54)

(iii) The name of disabled child /permanently disabled, sibling will be added to the PPO issued to the retiring Government servant if there is no other eligible prior claimant for family pension.

(OM 1/27/2011-P&PW dated lstJuly 2013)

(iv) Non-intimation of physical/mental handicap does not make a child ineligible for family pension. A disability certificate issued after the death of the employee /pensioner or his/her spouse for a disability which existed before their death may be accepted by the Appointing Authority.

(DoP&PW OM 1/18/2001-P& PW dated 25th/26th January 2016)

(v) The family pension shall be paid to such son or daughter through the Guardian if he or she is a minor.

(DoP&PW OM 1/47/87-P& PW date 30th March 1989)

(vi) The Government has decided to allow continuance of family pension to mentally /physically disabled children even after their marriage.

(DOP&PW’s O.M No.1/33/2012-P&PW(E) dated 16/01/2013)

(vii) Guardianship Certificate issued by the Local Level Committee constituted under the provisions of the National Trust Act, 1999, for the purpose of grant of family pension in respect of child suffering from the disabilities of mind (including mentally retarded), will be accepted.

(DoP&PW OM 1/4/06-P& PW date 31st July 2006)

(viii) It shall be the duty of the Guardian or son or daughter to furnish a certificate to the Treasury / Bank, as the case may be, every year to the effect that (1) he / she has not started earning, his / her livelihood; and (2) not yet married. However in case of disability, child or the guardian is required to produce the certificate in every five years to the effect that he/she continues to suffer from the disability or disorder of mind or continues to be physically crippled or disabled.

(Sub rule 6 of Rule 54 of the CCS (Pension) Rules, 1972)

ELIGIBILITY OF DIVORCED / WIDOWED / UNMARRIED DAUGHTER

(i) The family pension is payable to the unmarried / widowed / divorced daughters until she gets married or remarried or until she starts earning her livelihood, whichever is earlier.

(sub rule 6(iii) of Rule 54)

(ii) The family pension is payable to the unmarried / widowed / divorced daughters above the age of 25, after all unmarried children have attained the 25 years of age or started earning their livelihood whichever is earlier. If the deceased government servant/pensioner has survived by any disabled child, the widowed/ divorced/ unmarried daughter will be eligible to receive family pension only after the turn of disabled child.

(DoP&PW OM 1/13/09-P& PW date 11th September 2013)

(iii) Divorced daughter is eligible for family pension where the divorce proceedings had been filed in a competent Court during the lifetime of the employee / pensioner or his/her spouse but divorce took place after their death, provided the claimant fulfils all other conditions for grant of family pension under Rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce.

Admissibility for Widows and Children from Both wedlock

ADMISSIBILITY OF FAMILY PENSION CLAIM IF GOVERNMENT SERVANT HAS SURVIVED BY WIDOWS AND CHILDREN FROM BOTH WEDLOCKS

(i) As per CCS conduct Rules 21 no Government servant having a spouse living, shall enter into, or contract, a marriage with any person, Provided that the Central Government may permit a Government servant to enter into, or contract, any such marriage.

(ii) As per section 11 of Hindu Marriage Act any marriage shall be null and void if the party has a spouse living at the time of the marriage.

(iii) The divorce proceeding as per custom of the community or before the Panchayat is not valid. The divorce decree is acceptable only if it is ordered by competent court.

(Section 19 of the Hindu Marriage Act & The Family Courts Act, 1984)

(iv) However by virtue of Section 16 of the Hindu Marriage Act notwithstanding that marriage is null and void, any child of such marriage shall be legitimate.

(v) If deceased employee is survived one widow and children from first wife, however second marriage was solemnized after first wife was not alive, Family pension will be shared equally by widow being legally wedded wife along with child from first wedlock i.e. 50% each.

(sub rule 7(c) of Rule 54)

(vi) If deceased employee is survived by one widow and children from first wife, however second marriage was solemnized after getting divorce decree from first wife, Family pension will be shared equally by Second widow being legally wedded wife along with child from first wife i.e. 50% each.

(sub rule 7(c) of Rule 54)

(vii) If deceased employee is survived by more than one widow and children fromboth wedlock, family pension will be shared equally by first wife being legally wedded wife along with child from second wedlock i.e. 50% each. However second widow will not have any claim for family pension as second marriage is null and void and she is not holding the status of legally wedded wife.

(DoP&PW O.M 1/16/1996-P& PW dated 27th November 2012)

(viii) The eligibility of each child sharing pension along with legally wedded wife will be considered as per Rule 54(8) (iii) .Their claim will be considered in the order of their birth ,and the younger of them will not be eligible for family pension unless the elder next above him become ineligible for the grant of family pension.

(ix) On the death of a legally wedded wife who is not survived by any eligible child, share of the family pension would not lapse but would be payable to children from second wedlock in full i.e. 100%.

(sub rule 7(b) & 7(c) of Rule 54)

(x) If children from second wedlock become ineligible to receive pension, such share of the family pension would not get lapsed but would be payable to legally wedded wife or her children as the case may be in full i.e. 100%.

(sub rule 7(b) & 7(c) of Rule 54)

ELIGIBILITY OF JUDICIALLY SEPARATED SPOUSE

After the child or children cease to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased Government servant till his or her death or remarriage, whichever is earlier.

ELIGIBILITY OF PARENTS

(sub rule 11 of rule 54)

(i) Family pension to the parents shall be payable if the parents were wholly dependent on the Government servant and the deceased Government servant is not survived by a widow or an eligible child.

(sub rule 10-A (a) of Rule 54)

(ii) The family pension, wherever admissible to parents, will be payable to the mother of the deceased Government servant failing which to the father of the deceased Government servant.

(sub rule 10-A (a) of Rule 54)

(iii) The family pension to the parents will be payable for life.

(sub Rule 6 of 54)

(iv) The names of dependent parents may be added to the PPO issued to the retiring Government servant if there is no other eligible prior claimant for family pension other than the spouse.

(sub rule 10-A (a) of Rule 54)

ELIGIBILITY OF DISABLED SIBLING

Disabled siblings may be eligible for family pension if they are wholly dependent upon the government servant immediately before his/her death and deceased government servant is not survived by widow or eligible children or parents.

RATE OF FAMILY PENSION

The normal rate of Family Pension is 30% of last pay drawn

(sub Rule 10 B of 54)

(i) The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees. Where the family pension contains a fraction of rupees,it shall be rounded off to next higher rupees.

(sub rule 2 A of Rule 54)

(iii) If family pension is authorised to parents, it will be paid at the rate of 30% of the last pay.

(DoP&PW45/51/97-P&PW dated 19th April 2002)

(ii) In case government employee died while in service.family pension will be paid at enhanced rates i.e. 50% of pay last drawn for a period ofl0 years. Thereafter family pension will be paid at the rate of 30% of the last pay.

(sub rule 3( i) of Rule 54)

(iv) If an employee died in harness, his family shall be paid family pension at enhanced rate of 50% of last pay, for first 10 years. There shall be no requirement of minimum service, as the requirement of seven years service has been dispensed with. This amended Rule has been effective from 1st October, 2019. Families of employees who died before completing service of 7 years within 10 years before 1st October, 2019 will also be eligible for family pension at enhanced rate.

(DoP&PW O.M dated 19th September, 2019)

(v) On death of pensioner/ family pensioner enhanced rate of family pension i.e. 50% will be paid for a period of 7 years from the day following the date of death or up to the date on which pensioner would have attained the age of 67 years, whichever is earlier. After that family pension will be paid at the rate of 30% of the last pay.

(sub rule 3( ii) of Rule 54)

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