Eligibility 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
seekingclarification 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 eligibilityconditions 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/
