DOPT order: Eligibility for two family pensions clarification

No.1/33/2012-P&PW(E)

Government of India

Ministry of Personnel, P.G. & Pensions

Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi

Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of disabled children for family pension after marriage and

         (ii) Eligibility for two family pensions clarification regarding.

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and / or civil employments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub-rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

Old : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

New : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter except a disabled son or daughter, shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall he furnished by a childless widow after her re-marriage or b the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible there for under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

sd/-

(Sujasha Choudhury)

Deputy Secretary to the Govt. of India

Source: www.pensionersportal.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/FP_160113.pdf]

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Eligibility of Unmarried Daughters of Armed Forces personnel for grant of Family Pension beyond 25 years of Age

No. 2(2)/2012/D(Pen/Pol)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi the 14th Dcc., 2012

To

The Chief of Army Staff

The Chief of Naval Staff

The Chief of Air Staff

Subject: Eligibility of Unmarried Daughters of Armed Forces personnel for grant of Family Pension beyond 25 years of Age.

Sir,

The undersigned is directed to refer to this Ministry’s ID No.878/A/D(Pen/Sers)/04 dated 21.9.2004 extending the provisions of Department of P&PW OM No. 1/19/03-P&PW (E) dated 25.08.2004 and this Ministry’s letter No.I (3)/2007-D(Pen/Policy) dated 25.10.07 which makes unmarried / widowed / divorced daughter eligible for family pension beyond 25 years of age subject to fulfilment of other prescribed conditions, Attention is also invited to this Ministry’s ID No.9(6)/2007-D(Pen/Policy) dated 21.2.2008 under which it was clarified in consultation with Department of P&PW that liberalised family pension/special family pension (dependent pension) was not covered under the provisions of this Ministry’s above said letter dated 25.10.2007. A lot of references are being received in this Ministry for making unmarried/widowed/divorced daughter eligible for grant of liberalised family pension/special family pension beyond 25 years of age, if otherwise in order.

References are also being received in this Ministry for dissolving the provisions contained in Regulation 230(c) of Pension Regulations for the Army Part — 1(1961) and similar provision in Pension Regulations for Navy and Air Force, which debars unmarried daughters for continuance of Special Family pension if they were in receipt of children allowance even after disqualification of all other eligible heir(s).

2. The above matter is considered by the Government and it has been decided in consultation with Department of P&PW that unmarried/widowed/divorced daughter also be eligible for grant of liberalised / special family pension beyond 25 years subject to fulfilment of other prescribed conditions as hitherto fore. It has also decided that all unmarried/widowed/divorced daughters, who were earlier or otherwise eligible for children allowance, shall also be sanctioned I liberalised family pension subject to other conditions being fulfilled. The allowance, if being paid, shall be discontinued from the date special/liberalised family pension is sanctioned under these orders. The provisions contained in Regulations 230(c), 239 & 240 of Pension Regulation for the Army Part – 1(1961) and similar provisions in Pension Regulations for the Navy and Air Force shall stand modified to that extent.

3. The family pension to unmarried/widowed/divorced daughters above the age of 25 years shall be payable if all other eligible children below the age of 25 years have ceased to receive family pension and there is no disabled child to receive the family pension. Family pension shall be payable to unmarried/widowed/divorced

daughter in order of their date of birth and younger of them shall not be eligible unless the next above has become ineligible for grant of family pension.

4. This order will take effect from 6.9.2007 i.e., the date from which Ordinary Family Pension was allowed to unmarried daughters by DoP&PW.

5. This issues with the concurrence of Finance Division of this Ministry vide their UO No. 10(8)/2012/Fin/Pen dated 21.11.12.

Source: www.cgda.nic.in

http://www.cgda.nic.in/audit/20121214_fp_instead_ca.pdf

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Family pension - list of documents to be submitted by a claimant member of family

Many families are struggling to get family pension, due to the confusion in submitting the list of Documents after the death of the pensioner /family pensioner .Various Ministries/Departments of the Government sought clarification from DOP&T regarding the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner. DOP&T now issued a clarification on this.

No, 1/16/2011- P&PW(E) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Pension & Pensioners Welfare 

(Desk 'E’)

3rd Floor Lok Nayak Bhavan, 

New Delhi the 8th December, 2011.

Office Memorandum

Sub: Family pension - list of documents to be submitted by a claimant member of family (other than spouse) along with Form 14. PPO and death certificate in respect of the deceased pensioner/family pensioner regarding.

The Department of Pension & Pensioners Welfare has been receiving references for clarification by various Ministries/Departments of the Government regarding the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner. The matter was also discussed at length in the 20mth meeting of SCOVA held on 21st September, 2011 (item No. 92 of the Minutes refers). It was agreed in the meeting that a list of such documents will be made available at the website of the Department of Pension & Pensioners Welfare. It was pointed out in the meeting that it is indicated in this Departments Office Memorandum No.45/51/97-P&PW(E), dated 21.7.1999 that a self certificate for the income of those who are self employed or are in receipt of income from sources other than employment may be accepted. It was decided to send a copy of this O.M.to all member associations of SCOVA.

2. This is informed that the claims submitted by a claimant member of family (other than spouse) for family pension after the death of a pensioner/family pensioner, in Form 14 and supported by the death certificate and PPO of the pensioner/family pensioner, may be processed in consultation with the Pay and Accounts Officer, who is the custodian of the pension file which contains all relevant Forms and information of the pensioner. In a very rare case where the name of the claimant member is not available in the records of the Head of Office as well as the Pay & Accounts Officer concerned and the claimant member also fails to submit a copy of PPO or Form 3 containing 'Details of Family submitted earlier by the deceased employee/pensioner, the certificates prescribed at serial number 9(v) of Form 14 may be accepted. In addition to these certificates, PAN Card, Matriculation Certificate, Passport. CGHS Card, Driving License Voter’s ID Card and Aadhar Number may also be accepted. Acceptance of voter’s ID card and Aadhar Number is subject to the condition that the pensioner/family pensioner certifies that he/she is not a matriculate and he/she does not have any of the documents mentioned in Form 14 or above Apart from these documents, the Ministries/Departments may accept any other document submitted by the claimant, which may be relied upon and which establishes the relationship of the claimant with the pensioner and/or contains his/her date of birth.

3. The applicant has also to prove that no other surviving member in the family, who may have a prior entitlement for family pension is eligible. For this purpose, the above and/or any other documents, such as marriage/death/income certificates of the other members which may be essential in a given situation may be used.

4. As decided in the SCOVA meeting, a copy of O.M. No.45/51/97-P&PW(E), dated 21.7.1999 is enclosed for circulation to all Ministries/Departments/Associations.

sd/-

(D.K. Solanki)

Under Secretary

Source: www.pensionersportal.gov.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/1-16-2011PPWE_081211.pdf]

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Extension of scope of Family Pension to widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners – Clarifications

No.1/13/09-P&PW(E) 

Government of India 

Ministry of Personnel, Public Grievances & Pensions 

Department of Pension & Pensioners’ Welfare

Lok Nayak Bhavan, 

New Delhi, the 28th April, 2011

OFFICE MEMORANDUM

Subject: Extension of scope of Family Pension to widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners – Clarifications – reg.

The undersigned is directed to state that as per the existing provisions of CCS (Pension) Rules, 1972 as amended from time to time, the son/daughter of a Government servant/Pensioner is eligible for family pension upto the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. Further, a disabled son/daughter of a Government servant/Pensioner suffering from any disorder or disability of mind, including mentally retarded, or who is physically crippled or disabled, is eligible for family pension for life subject to the fulfilment of certain conditions. Subsequently, orders were issued vide this Department’s O.M. No.45/86/97-P&PW(A) dt. 27.10.97 and No.1/19/03-P&PW(E) dt. 30.8.2004 making divorced/widowed daughters eligible for family pension even after attaining the age limit of 25 years subject to the fulfilment of certain conditions. It was subsequently clarified vide this Department’s O.M. No.1/19/03-P&PW(E) dt. 11.10.2006 that family pension to widowed/divorced daughters is admissible irrespective of the fact that the divorce/widowhood takes place after attaining the age of 25 years or before.

2. Further, orders have been issued vide this Department’s O.M. No.1/19/03-P&PW(E) dt. 6th September, 2007, whereby an unmarried daughter of a Government servant/Pensioner beyond 25 years of age, has been made eligible for family pension at par with the widowed/divorced daughter subject to fulfilment of certain conditions. However, family pension to the widowed/divorced/unmarried daughters shall be payable in order of their date of birth and the younger of them shall not be eligible for family pension unless the next above has become ineligible for grant of family pension. Further, the family pension to widowed/divorced/unmarried daughters above the age of 25 years, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.

3. Subsequently, orders have been issued vide this Department’s O.M. No.1/15/2008-P&PW(E) dt. 17.8.2009 whereby dependent disabled siblings of a Government servant/pensioner have been made eligible for family pension for life subject to the fulfilment of certain conditions.

4. Representations have been received in this Department from various quarters (i.e. Pensioners’ Associations, etc.) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disabled siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear in the details of family members submitted by the Government servant/Pension to the Head of Office from where he/she had retired. Besides, in cases where a Government servant/Pensioner had expired prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters, etc. for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of retirement/death of the Government servant or death of the Pensioner. This Department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters, etc., of the Government servants/Pensioners.

5. The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfilment of other conditions laid down therein, the widowed/divorced/unmarried daughter of a Government servant/Pensioner, will be eligible for family pension with effect from the date of issue of respective orders irrespective of the date of death of the Government servant/Pensioner. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/Pensioners would also be covered on the above lines.

6. All Ministries/Departments are requested kindly to settle the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on priority. They are also requested to bring these orders to the notice of their attached/subordinate organizations for compliance.

7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No.97/EV/201 1 dated 06.04.2011.

8. In so far as their applicability to the personnel of Indian Audit and Accounts Department is concerned, these orders are being issued in consultation with the C&AG of India vide their U.O. No.65-Audit (Rules)/14-2010 dt. 26.4.2011.

9. Hindi version will follow.

 (K.S.Chibb) 

Director

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