Pension
venu
(Querist) 09 May 2013
This query is : Resolved
I am a retired government employee & drawing pension from Maharashtra pension office.
My son was working for ba private firm at hyderabad & he died before 10 years & he was eligible for pension from state provident fund.
I am getting that pension alsa.
Hence I am getting my pension,am i eligible to take my son's pension.
if it is a crime I would immediately stop that.
Regards.
Venugopal.
Arjunsingh Saoji
(Expert) 10 May 2013
As regards to Family pension, Sub rule 13-A of CCS Pension Rules regulates the grant of family pension to a military pensioner after his / her 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 for any pension under any other rules of the Central Government or a State Government, 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 Notification G.S.R. No. 938 (E), dated 27.12.2012. Hence, there is no restriction as of now for receipt of two family pension provided the person concerned is otherwise eligible for those two family pension.
Department of Pension and Pensioners’ Welfare has issued Office Memorandum No: 1/33/2012-P & PW (E) dated 16.01.2013, containing detailed explanations with regard to this amendment in Pension Rules to allow two family pensions
The full text of this Office Memorandum dated 16.01.2013 is as follows
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 Dehi
Dated: 16th January, 2013
Office Memorandum
Sub: (i) Eligibility of 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 civilemployments.
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 be furnished by a childless widow after her re-marriage or by 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 therefor 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 of the Govt. of India
