Central Government Pension and Family Pension-Uncommon Areas

These are certain uncommon areas in Central Government Pension and Family Pension Matters.

Child adopted even after retirement is entitled to get family pension

[Q] A retired employee due to demise of his wife and son legally adopted one of his grand sons after his retirement. He submitted the adoption deed to the Pension Sanctioning Authority with the request to add the name of his legally adopted son in the list of his family members so that he could receive family pension in case of his death. Whether the same is permissible as per law.

Also kindly clarify as to whether the children of post-retiral spouse born to the retired employee are eligible for family pension.

[A] The stipulation that adoption should be "before retirement" has been deleted vride Notification No.1(66) P & PW/89-E, dated 18-1-1993. Hence as per Rule 54 (14)(b)(ii) of CCS (Pension) Rules, 1972, son/daughter legally adopted after retirement and children of post-retiral spouse are eligible for the grant of family pension vide Rule 54 (14) of CCS(Pension) Rules and GIDs (18) to (20) thereunder in Swamy's Pension Compilation.

No family pension to the parents, if the deceased employee had left behind a widow or a child.

[Q] Consequent of demise of one employee family pension to his widow was sanctioned. Later on, the widow of the deceased has got re-married with other person. As the widow of the deceased has no children, family pension was stopped from the date of re-marriage. Whether the mother/father of the deceased is entitled to family pension.

[A] As per Para 7.2 of the OM, dated 27-10-1997, parents are eligible for Family Pension only if the deceased employee had left behind neither a widow nor a child. Hence, in the case referred to by you, the parents are not entitled to Family Pension.

Pension cannot be stopped, even though pensioner acquires foreign citizenship

[Q] A retired Central Govt. Employee who is in receipt of pension emigrated to Canada with Non-Resident Indian status. He was getting his pension continuously when he was a NRI. But now he opts to take the citizenship of that country and as such it may be clarified whether he may continue to get his monthly pension as usual or will it be stopped after his acquiring citizenship of a foreign country.

[A] There is no provision in the Rules, viz., CCS(Pension) Rules, Central Treasury Rules for the stoppage of pension drawn by a Govt. pensioner on his acquiring the citizenship of a foreign country. As such the retireed employee will continue to get his monthly pension as usual even after his getting foreign citizenship.

Fresh application not required for payment of arrears of commutation due to revision of pension.

[Q] An employee after his reirement got all the retirement benefits including 1/3rd commuted value of pension. Subsequently he expired. After his demise pay commission recommendation was implemented and his pay was retrospectively revised. His wife who is a family pensioner received the arrears of pay, pension, gratuity, etc. But the arrears of the additional commuted value of pension which has become due based on the quantum of 1/3rd revised pension was not paid to her on the grounds that the concerned employee need to apply afresh for such payment. Since the employee had applied for 1/3rd commutation of pension while he was alive whether his origianl application would cover any revision which may become due subsequent to his death

[A] As per Rule 10 of CCS(Commutation of Pension) Rules, 1981, the said family pensioner is entitled to the difference between the commutation amount received by her husband for the original pension and the commutation amount admissible on the revised increased pension. For this purpose, no fresh application is necessary.

11 Comments

  1. The article on family pension is very informative,. Thank you. I have one doubt. Pl. clarify.  A central Govt. employee who was absorbed permanently in PSU  took cent percent Commutation. He is now eligible for restoration of !/3rd portion after 15 years. and he is getting. If the pensioner dies is his family eligible for Family pension. Kindly clarify.

  2. In the unfortunate event of the death of the Pensioner, the widow/widower has to submit many a document such as her/his finger prints, signatures, Photographs, Proof of date of Birth and if there is change in the sur name after marriage, an affidavit indicating the names before marriage as would have appeared in the proof of date of birth certificate and after marriage, Bank Account details  from which Pension would be drawn etc. all  duly attested accompanying the filled in  prescribed Proforma attached with the Death Certificate in original. All this is  very cumbersome and  hard for the widow/widower at the old age. Added to this, if the concerned Office which has to sanction the Family Pension is away from the place of stay of the Pensioner, it takes lot of time to fix the family pension as the dealing Officials would always find some thing or other lacking and the correspondence takes lot of time. IN THIS CONNECTION THE FOLLOWING ARE SOME OF THE OBSERVATIONS / VIEWS:

    1.  Prior to retirement, the official is submitting a JOINT PHOTOGRAPH duly attested. –  Hence submission of Photographs attested once again may be waived. Simply Photographs  may be asked to be submitted  along with the  duly filled in Proforma.

    2. Along with the finger prints of the Official, the finger prints of the Spouse  and signatures of the spouse on a separate sheet may also be advised to be submitted  after due  attestation.

    3. The Official has to open a separate Savings Bank Account for Pension and submit the details. Here, the official may be advised to open Joint Account ( Either or Survivor) with the first name being the Official’s and the second name be the spouse. So that there is no need to furnish Bank Account details afresh, unless the spouse desires other wise.

    4.Pending fixation of Family Pension, there should be continuity in Pension, may be  minimum amount may be paid without any break.

    The above  are  some of my observations basing on the experience during last month while filing the Family Pension application on death of a Pensioner in Central Silk Board, an Autanomus Body under Ministry of Textiles, Government of India.

  3. Dear Sirs,

    Thanks for using my comments/observations. I would continue to address such articles as and when I come across. Thanks Once again.

    J.V.Krishna Rao, Scientist-E(Retd.).

  4. Dear sir,will you pls info like me EXM(Air Force,Gp I Tech) who retired on Nov 2002,completion of 20 yrs service:-

    1.will they benefited by recent CAT judgement?
    2.What should be his present pension as per 5th CPC or what ever amendment has come from time to time in years past since 6th CPC.I am totally confused.I belive like me there are lots who wants to know the facts ( as Bank does not response properly).
    3.If at all like me defense pensioner are benefited then how much it would be?Is there any formula to find out??

    Regards 

  5. According to Hindu Marriage Act and also by the decree of the Marriage tribunal, the divroced wife is entitled to alimony from the Government servant  for the ENTIRE PERIOD OF HER LIFE.  How is it that divorced wife is not considered for family pension, although there is no other eligible family member (children are mature) for family pension. Kindly elucidite the legal position. Is not the definition of family member too narrow and contrary to Hindu marriage act? 

  6. My father is getting family pension of my late mother, but before a year he was living with another lady, but he is not legally married to her. So can any one tell if he eligible for family pension? One more thig is My younger sister was married but now she is not reside with her husband and case is with family court, then is she eligible for family pension?

  7. I want to know that can a legaly adopted child able to get family pension? If adoption done after death of pensioner/family pensioner? If answer is yes than provides me circular ? Wishing your help . Thanx

  8. Dear sir,can depedent unmarried sisters of death central railway employee can get family pension,he did’nt kept my name as dependent in passbook but in his last will deed he mention my name as dependent unmarried sister to get his railway benefits after his demise please help me in this matter

  9. my husband has passed away in 2011. he was retired in 2009. I am his ii wife. his I st wife has divorced my husband, and he married me. he has 2 female issue while they left my husband. now i and my 2 children are the legal hire to get the family pension, my husband has submitted all his pension document to his office in my name. now the department is asking to submit the date of birth with documentary proof and marriage registration certificate of children born through his I wife. The were about of his I wife is not known. how can I get the document for getting my pension. Are kindly advice me how to solve this problem please.

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