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Rubi (unemployed)     05 May 2012

Pension

Hi legal experts!

My friend is working in government org and is getting retired on 14th May. She was seperated from her husband 15 yrs back (no legal divorce). She is not in touch with him since then but five years back she go to know from somewhere that he was expired. Her status is now widow in her office.

But now the office is demanding her husband's death certificate for processing of pension and PF and for stating no claimant after her death. She got a daughter who is married now.

Problem here is she is not knowing where his husband last lived and so could not produce his death certificate.

Please suggest how to process further without death certificate.



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     06 May 2012

Has the office demanded this certificate in writing, if not she should insist on so. I will check rules in spare time. You have liberty to remind me through PM. After 2 hours.

Kumar Doab (FIN)     06 May 2012

Learned Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

You may make some inquiries e.g.

--From office in which bank a/c pension was being credited?

--From Bank you can obtain address and phone numbers etc. later if nrequired you can reuest the bank to provide a copy of last KYC documents submitted by your husband.

--From neibghouhood you can find out date of death. If death is natural at home   from Cremation Ground you can obtain cremation certificate.

--If death occurred in hospital you can obtain death certificate and cremation certificate.

--You can obtain Death certificate from MC.

Sudhir Kumar, Advocate (Advocate)     06 May 2012

Atleast to my knowledge there is absolutely no provision whereby the pension can be denied if the employee does not nominate anyone or is unable to submit death certificate of spouse.  Pension is a right earned by unblemished service.  

I shall be grateful if any other expert could enlighten me if I am wrong.

 

If your fiend is Central Govt employees the relevant extract if CCS(Pension) rules is as under:-

 

Rule 54 (1)    A Government servant shall, on his initial confirmation in a service or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the 3[retirement gratuity/death gratuity] payable under Rule 50 :

    Provided that if at the time of making the nomination -

(i)

the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family ; or

(ii)

the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

 

Rule 54(14)    For the purposes of this rule, -

 

 

(a)

 

 

1[(b)

"family" in relation to a Government servant means -

 

 

(i)

wife in the case of a male Government servant, or husband in the case of a female Government servant. 

NOTE 1. - Deleted.

NOTE 2. - Deleted.

 

 

 

(ia)

a judicially separated wife or husband, such separation not being granted on the ground of adultery  and the person surviving was not held guilty of committing adultery.

 

 

(ii)

son who has not attained the age of  twenty-five  years and unmarried daughter who has not attained the age of  twenty-five years, including such son and daughter adopted legally  ;]

 

 

Rule 53(1)    A Government servant shall, on his initial confirmation in a service or post, make a nomination in Form 1 or 2, as may be, as appropriate in the circumstances of the case, conferring on one or more persons the right to receive the 3[retirement gratuity/death gratuity] payable under Rule 50 :

    Provided that if at the time of making the nomination -

(i)

the Government servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family ; or

(ii)

the Government servant has no family, the nomination may be made in favour of a person or persons, or a body of individuals, whether incorporated or not.

 

 

If your friend is state Govt employees there may be parallel provisions. If your wife is employed in central autonomous bodies then most of the bodies borrow these rules of have their parallel rules.

Rubi (unemployed)     06 May 2012

Thanks Mr. Kumar Daob.

We dont know his where abouts of his lie's last days nor anyof relative.

Thats why not able to get death certificate.

Rubi (unemployed)     06 May 2012

Thanks Mr. Sudhir.

We are going to ask the office in writing for the demand they raised for death certificate of her husband.

If no nomminee for the pension/death gratudity, is it necessary to submit the proof of no family, like in her

case where she can prove her daughter's marraiage but not her husband's death .

 

Regards


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