Eligibility of widowed/divorced daughters for grant of family pension - clarification regEligibility
of widowed/divorced daughters for grant of family pension -
clarification by Government of India, Ministry of Personnel, P.G. &
Pensions, Department of Pension & Pensioners' Welfare:
No.1/13/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3rdFloor, Lok Nayak Bhawan,
Khan Market, New Delhi,
the 11thSeptember, 2013.
OFFICE MEMORANDUM
Sub: Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.
Provision
for grant of family pension to a widowed/divorced daughter beyond the
age of 25 years has been made vide OM dated 30.08.2004. This provision
has been included in clause (iii) of sub-rule 54 (6) of the CCS
(Pension), Rules, 1972. For settlement of old cases, it was clarified,
vide OM dated 28.04.2011, that the family pension may be granted to
eligible widowed/divorced daughters with effect from 30.08.2004, in case
the death of the Govt. Servant/pensioner occurred before this date.
2.
This Department has been receiving communications from various
Ministries/Departments seeking clarification regarding eligibility of a
daughter who became widowed/divorced after the death of the
employee/pensioner.
3. As indicated in Rule 54(8) of the CCS
(Pension) Rules, 1972, the turn of unmarried children below 25 years of
age comes after the death or remarriage of their mother/father, i.e.,
the pensioner and his/her spouse. Thereafter, the family pension is
payable to the disabled children for life and then to the
unmarried/widowed/divorced daughters above the age of 25 years.
4.
It is clarified that the family pension is payable to the children as
they are considered to be dependent on the Government servant/pensioner
or his/her spouse. A child who is not earning equal to or more than the
sum of minimum family pension and dearness relief thereon is considered
to be dependent on his/her parents. Therefore, only those children who
are dependent and meet other conditions of eligibility for family
pension at the time of death of the Government servant or hislher
spouse, whichever is later, are eligible for family pension. If two or
more children are eligible for family pension at that time, family
pension will be payable to
each child on hislher turn provided he/she
is still eligible for family pension when the turn comes. Similarly,
family pension to a widowed/divorced daughter is payable provided she
fulfils all eligibility conditions at the time of death/ineligibility of
her parents and on the date her turn to receive family pension comes.
5.
As regards opening of old cases, a daughter if eligible, as explained
in the preceding paragraph, may be granted family pension with effect
from 30th August, 2004. The position is illustrated through an example.
Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a
son Shri C and a daughter, Kumari D, the daughter being the younger.
Kumari D married in 1990 and got widowed in 1996. Smt. B died in 2001.
Thereafter, Shri C was getting family pension, being disabled, and died
in 2003. Thereafter, the family pension was stopped as Kumari D was not
eligible for it at that time. She applied for family pension on the
basis of O.M., dated 30th August, 2004. Since she was a widow and had no
independent source of income at the time of death of her mother and on
the date her turn came, she may be granted family pension. The family
pension will continue only till she remarries or starts earning her
livelihood equal to or more than the sum of minimum family pension and
dearness relief thereon.
6. This is only a clarification and the
entitlement of widowed/divorced daughters would continue to be
determined in terms of O.M., dated 25/30th August, 2004, read with O.M.,
dated 28.4.2011.
sd/-
(D.K. Solanki)
Under Secretary to the Government of India
Source: http://pensionersportal.gov.in/
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPWE_110913.pdf]
