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Rhea   06 May 2017

Pension related

Hello I am posting this query as I need to help my maid in getting her pension of late husband which is overdue now since 5 years. Please help me in getting her justice. She is a very poor lady and has 3 kids. Her case needs to be discussed at length.


Learning

 10 Replies


(Guest)

What type of help you expect without discussing case history about her husband's employment and her own efforts to claim pension?

 

Rhea   06 May 2017

Thank you. I was awaiting a reply.

History:

Her late husband was employed with the municipality dept.  as sweeper.  He was earlier married and has ason n daughter from marriage 1.  Later  he marrried my maid, with whom he had another 2 daughters. After his death, his son from first marriage has given is consent in writing that he wont have a claim in his fathers pension fund and his house - that will belong to his 2nd wife.  However,  he agreed on this provided his fathers job would be passed onto him. 

Later,, he changed and submitted documents with the office that the 2nd marriage was fake as there was no divorce of his fathers first marriage. Thereby, the pension is on hold as he has objected to 2nd wife being legally married. 

My maid has the registered wedding doc from her village, the written consent of the son waiving off his claim as mentioned above.  Then why is her pension stopped from 5 years now?  What can she do to get it to her?

The officers claim they cant do anything as the son has filed it throught the court.   Any help here will be really appreciated as I feel so sorry for her crying daily and struggling to meet her ends. 

 

Thank you in advance. 

 

 

 


(Guest)

Not a simple case to be solved through casual type of queries and brief information. All the case related documents are required to be got examined by some service laws expert to start a regular correspondence with the authorities in systematic way. However, for your information, unless her husband shown her name and her daughters names in the list of family members submitted to the authorities for making record in his service book, the authorities are not bound to take her as the successor of the deceased employee. That she is required to check from the records of the employer.

 

Sydney Fernandes   07 May 2017

I had taken VRS in 1998 and was eligible for pension under FPS : Family Pension Scheme. However at that time I was told that if I commute some amount which I did then I shall receive less pension till the age of 60 or for a period of 15 yrs. Now both have crossed the period and till date I am receiveing the lesser amount of monthly pension. Please clarify. Thanks.


(Guest)

Dear Mr. Fernandes,

It is not understood, instead of original pension as a retired employee, how you have been made entitled to family pension, whereas you have also stated that you have commuted some part of pension also? Please recheck and clarify the issue, whether you are eligible for retiring pension or family pension? If family pension, how after VRS you are getting family pension, instead of retiring pension?

 

Sydney Fernandes   10 May 2017

Mr. Dhingra, Yes, I am covered under FPS: Famaly Pension. My company had started cutting FPS contribution from all those who joined service from 1976, hence my contributions was from 1977. I had taken VRS in 1998 from which date FPS pention began. It is not just me but a group of employees that are receiving the same. Is it possible the company has its own pension scheme attatched with the govt body? I shall try to get more information through my company if possible, Thamks, Sydney.


(Guest)

The information is quite deficient to arrive at some conclusive opinion. You may give complete name of the pension scheme, regulated by which authority and covered by which Rules, etc. Needless to mention, every pension scheme cannot be equated with any Government Pension scheme.

 

 

Sudhir Kumar, Advocate (Advocate)     13 May 2017

@Rhea Given facts indicate that your maid has no case You never indicated about first wife

Sudhir Kumar, Advocate (Advocate)     13 May 2017

Even if second marriage is registered in panchayat it would be illegal if done without divorce or death of first wife

Sudhir Kumar, Advocate (Advocate)     13 May 2017

Even if second marriage is registered in panchayat it would be illegal if done without divorce or death of first wife

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