Family pension – right of dependent

Family pension – right of dependent

Family pension is a beneficial social relief and the benefit should peculate to all who are entitled to the benefit under the said Rules. “Family” for the purpose of this Scheme Family pension rule 1964 will include the following relatives of the Government employee –

(a) wife in the case of a male Government employee and husband in the case of a female Government employee;

(b) a judicially separated wife or husband, such separation not being granted on the ground of adultery, provided the marriage took place before the retirement of the Government employee and the person surviving was not held guilty of committing adultery; and

(d) unmarried daughters below the age of 21 years.

Note 1. -(c) and (d) will include children adopted legally before retirement.

Note 2. Marriage after retirement will not be recognized for purposes of this Scheme.”

Amendment in 1998 reading including parents for family pension –

The afore-mentioned Family pension scheme has been amended in the year 1998 w.e.f. 1.1.1996. The amendment carried in the Scheme reads thus :

” 4.3. For the purpose of Rule 6.17(3) of Punjab Civil Services Rules Vol. II, the definition of family shall also include the following relatives of the deceased Government employee :

(i) son/daughter including widowed/ divorced daughter till he/she attains the age of 25 years or upto the date of his/her marriage/remarriage or till he/she starts earning his/her livelihood, whichever is earlier; son / daughter including widowed/ divorced daughter shall be deemed to be earning his/her livelihood if his/her income is Rs. 2620 per mensem or more.

(ii) Parents who were wholly dependent on the Government employee when, he/she was alive provided the deceased employee had left behind neither a widow nor a child. The parents whose total income from all sources was Rs. 2620 per mensem or more at the time of death of the employee shall not be considered to be dependent.” In the Scheme of 1964 parents were including the definition of the word “family’. Therefore parents were not entitled for family pension.

Amendment in 2004 regarding unmarried/married daughter-

As per government rules till 2004, family pension could only be granted to deceased government employee’s spouse and after his or her death to the dependent son or daughter below 25 years of age. In 2004, some amendment was done by the Government and restriction regarding the age removed and now divorced or widowed daughter who shall be eligible for family pension even after attaining 25 years of age. An income stipulation was fixed to qualify for getting this pension. The family pension would stop, when no member of the family fulfills the condition of the scheme as mentioned above.

The personnel ministry said it had been receiving grievances from various quarters that the divorce proceedings are a long-drawn procedure which may take years before attaining finality. “There are many cases in which the    divorce proceedings of a daughter of a government employee/pensioner has been instituted in the competent court during the lifetime of one or both of them but none of them was alive by the time the decree of divorce was granted,” the order said.

Condition of family pension regarding widow of govt. employee –

A widow of the Govt. Employee get family pension until her death or re-marriage. If a widow solemnized the second marriage and starting live a good life then her family pension automatic cease. but when such re-marriage is annulled by divorce, desertion or death of the second husband her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.’ And second condition is that as per Clause 2(b) of rule 8.35 Punjab Civil Service Rules Vol.2, Chapter VIII also clearly stipulates that a widow, who has remarried her deceased husband’s brother and continues to live a communal life and contributes to the support of other dependents of her deceased husband, shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under Civil Service Rules.

Qualifying service for family pension –

Family pension is depend on the duration of the service of the government employee. Family member of the employee is entitled for the pensionary benefits under the Family Pension Scheme, 1964, When before death an employee has completed one year of continuous service, then after his death, his wife/her husband is entitled for the family pension.

 

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