Children of divorced, illegally wedded wives of deceased entitled to pension

Children of divorced or those born to illegally wedded wife of a deceased all India services officer are entitled to get family pensions, according to new rules notified by the central government.

"Where the deceased member of service or pensioner is survived by a widow but has left behind eligible child or children from a divorced or an illegally wedded wife or wives, the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the member of service or pensioner had she not been so divorced or had she been legally wedded," they say.

All India services comprise IAS, IPS and Indian Forest Service.

Earlier, children born outside wedlock of a government servant had no claim on family pension and the legally wedded wife was the sole recipient of the post-retirement benefit.

The amended All India Services (Death-cum-Retirement Benefits) Rules, 1958, also have provisions to provide equal share of pension to more than one widow of a deceased officer.

The rules have a provision to recognise marriage and family of a member of the services after his or her retirement and have made such family member eligible to receive pension after the death of an officer.

They also provide for monetary support to mentally retarded children of an officer of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).

"If the son or daughter of a member of service is suffering from any disorder or disability of mind including the 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," the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.

Source : The Times of India