Eligibility of disabled children for family pension after
marriage - Eligibility for two family pensions clarification regarding
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
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