No. 1/19/96-P&PW(E)

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

 

3rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated 19th July, 2002

 

OFFICE MEMORANDUM

 

Subject: Grant of Family Pension under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971 in addition to Family Pension under Rule 54 of the CCS (Pension) Rules, 1972.

 

          The undersigned is directed to refer to this Department’s Notification No. 1/19/96-P&PW (E), dated the 27th July, 2001 published in the Gazette of India (Extraordinary) dated the 27th July, 2001, by which sub-rule (13-B) of Rule 54 of the Central Civil Services (Pension) Rules, 1972 was amended by insertion of the following proviso after the first proviso;

 

“Provided further that family pension, admissible under the Employees Pension Scheme, 1995 and the Family Pension Scheme, 1971, shall however, be allowed in addition to the family pension admissible under these rules.”

2.       The said amendment has come into force from the date of publication of the said notification i.e., the 27th July, 2001.  Clarification has, however, been sought by some Ministries/ Departments as to (i) whether the said Notification is applicable only in respect of those persons who retired on or after 27.7.2001; (ii) whether the Notification would also apply in cases of family pensions which arose prior to 27.7.2001, i.e. where retirement/ death of a re-employed pensioner occurred before 27.7.2001; and (iii) in the event of the benefit being admissible in cases where retirement/ death of a re-employed pensioner occurred before 27.7.2001, whether the benefit is to be given w.e.f. 27.7.2001 only, i.e., the date from which the said Notification came into force.

 

3.       It is clarified that the benefit of family pension under Family Pension Scheme, 1971 Employees Pension Scheme, 1995, in addition to the Family Pension under Rule 54 of the Central Civil Services (Pension) Rules, 1972, will be admissible in those cases also where retirement/ death of a re-employed Pensioner, who was covered by the Family Pension Scheme, 1971 or the Employees Pension Scheme, 1995, took place prior to 27.7.2001, besides covering those cases where retirement/ death of such a re-employed pensioner took place on or after 27.7.2001.  The benefit of second family pension in cases of retirement/ death prior to 27.7.2001 of the re-employed pensioner covered by the Family Pension Scheme, 1971 or Employees Pension Scheme, 1995, will, however, be admissible only w.e.f. 27.7.2001, i.e., the date from which the said Notification came into force.

 

 

 

 

Sd/-

(Sujit Datta)

Director

 

To

 

All Ministries/ Departments of the Government of India

 

No. 45/51/97-P&PW(E) – (Vol.II)

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

 

3rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated 19th April, 2002

 

OFFICE MEMORANDUM

 

Subject: Recommendation of the Fifth Central Pay Commission – Grant of Family Pension to Parents – clarification Regarding.

 

          The undersigned is directed to refer to the item (a) of para 7.2 of this Department’s O.M. No. 45/86/97 –P&PW(A) – Part I dated the 27th October, 1997 according to which the definition of ‘Family’ for the purpose of Family Pension shall also include parents who were wholly dependent on the Government servant when he/ she was alive provided the deceased employee had left behind neither a widow nor a child.  Further orders were issued by this Department vide O.M. No. 45/51/97-P&PW(E), dated 5.3.1998 prescribing dependency criteria and O.M. No. 45/51/97-P&PW(E), dated 21.7.1999 clarifying certain doubts.

 

2.       References have been received in this Department seeking clarification whether parents, wholly dependent on Government servant, having been included in the definition of ‘Family’ for the purpose of family pension are eligible for family pension at enhanced rate under sub-rule (3) of Rule 54 of the CCS (Pension) Rules, 1972.  It is clarified that parents are eligible for family pension at the ordinary rate only i.e., 30% of the pay of the deceased employee under sub-rule (2) of Rule 54 of the CCS (Pension) Rules, 1972 subject to fulfillment of the other prescribed conditions as contained in the aforesaid Office Memorandum.

 

 

Sd/

(Sujit Datta)

Director

 

To

          All Ministries/Departments of the Government of India

 

No. 45/52/97-P&PW(E) (Vol.II)

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

 

3rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated 22nd March, 2004

 

OFFICE MEMORANDUM

 

Subject: Grant of Ex-gratia payment to CPF retirees.

 

          The undersigned is directed to refer to this Department’s O.M. No. 45/52/97-P&PW(E) dated the 16th December, 1997 on the above subject and to say that references have been received in this Department raising a doubt whether the Central Government servants who retired on voluntary basis with CPF benefits are also eligible for grant of ex-gratia payment in terms of the said O.M.

 

2.       The matter has been examined in consultation with the Ministry of Finance.  It is clarified that the CPF beneficiaries who retired on voluntary basis are not entitled to grant of ex-gratia payment under the said O.M. Para 7 of the O.M. dated 16.12.1997 may be treated as modified accordingly as follows:-

 

The ex-gratia payment is not admissible to (a) those who were dismissed or removed from service. (b) those who resigned from service, and; (c) those who retired from service other than on attaining the prescribed age of superannuation.

 

3.       This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O. No. 95/E.V/2004 dated 30.01.2004.

 

 

Sd/

(M.P. Singh)

Director

 

To

          All Ministries/Departments of the Government of India

 

 

 

No. 45/51/97-P&PW(E) Vol. II

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

 

3rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated: 25th  July, 2001

 

OFFICE MEMORANDUM

 

Subject: Eligibility of disabled divorced/ widowed daughter for grant of family pension.

 

          The Government of India vide its Office Memorandum of even number dated 5th March, 1998 read with the Office memorandum dated 21st July, 1999 has made eligible divorced/widowed daughter for grant of family pension subject to the conditions specified in these OMs.  Further, the disabled daughter is already eligible for family pension for life under the proviso to Rule 54(6) of the CCS (Pension) Rules, 1972 on fulfillment of the conditions specified under this proviso and one of the conditions therein is that the disabled daughter is eligible for family pension till her marriage or earning her livelihood.

 

2.       In view of the above provisions, this Department has been receiving representations regarding eligibility of the disabled daughter who has been divorced after her crossing 25 years of age, as the family pension to the divorced daughters under this Department’s O.M. dated 5.3.1998 is admissible till 25 years or till their remarriage or their earning a sum of Rs. 2550/- whichever is earlier.  The matter has been considered in this Department.  It has been decided that if the marriage of the disabled daughter is legally annulled, she would be eligible for family pension for life from the date her marriage stands annulled, subject to the following conditions:-

 

(i)                 Divorce is valid in law

(ii)              Divorced daughter comes back to her parental home

(iii)            Disability is certified by an appropriate authority as required under the rules.

(iv)             The requirement regarding submission of the requisite certificates as laid down under Rule 54(6) of the CCS (Pension) Rules, for becoming eligible to family pension for life shall continue to remain operative.

 

3.       Similarly, the widowed disabled daughter would also be eligible for family pension for life from the date of death of her husband, subject to fulfillment of above mentioned conditions, as applicable in her case.

 

4.       This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 523/EV/2001 dated 12.6.2001.

 

Sd/

(Sujit Datta)

Director

 

To

          All Ministries/Departments of the Government of India

 

No. 45/1/2001-P&PW(E)

Government of India

Ministry of Personnel, Public Grievances, and Pensions

Department of Pension and Pensioner’s Welfare

 

3rd Floor, Lok Nayak Bhavan

Khan Market, New Delhi – 110003

Dated 30th June, 2005

 

OFFICE MEMORANDUM

 

Subject: Ceiling on two family pensions admissible to child/ children of deceased Government servants under Rule 54 (11) of the CCS (Pension) Rules, 1972.

 

          The undersigned is directed to say that consequent upon the revision of the rates and minimum and maximum limits of the family pension following the implementation of the recommendations of the Fifth Central Pay Commission, the question of revision of the maximum of ceilings on two family pensions admissible under sub- rule (11) of Rule 54 of the Central Civil Services (Pension) Rules, 1972 to child/ children, where both of his/ their deceased parents were Government servants and governed by the said rules, has been under consideration in this Department.

 

2.       After careful consideration the Government has decided to revise the existing limits on two family pensions as follows:-

 

(i)                 The existing maximum limit of Rs. 2500 (Rupees two thousand five hundred) per month laid down in sub- rule 11(a) (i) revised upwards to Rs. 1500 (Rupees fifteen thousand) per month.

 

(ii)              The existing maximum limit of Rs. 2500 (Rupees two thousand five hundred) per month laid down in sub- rule 11(a) (ii) revised upwards to Rs. 1500 (Rupees fifteen thousand) per month.

 

(iii)            The existing maximum limit of Rs. 1250 (Rupees one thousand two hundred and fifty) per month laid down in sub- rule 11(b) revised upwards to Rs. 9000 (Rupees nine thousand) per month.

 

3.       These orders shall be deemed to have taken effect from the 1st January, 1996.  The relevant rules under the Central Civil Services (Pension) Rules, 1972 are being amended suitably.

 

4.       These orders do not apply to Railway employees, persons paid from Defence Services estimates and members of the All India Services, Separate orders in their respect would be issued by the respective Ministries/ Departments.

 

5.       In their application to the families of pensioners who retired/ retire from Indian Audit and Accounts Departments these orders have been issued after consultation with the Comptroller and Auditor General of India.

 

6.       These orders issue with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 810/EV/2003 dated 17.10.2003.

 

 

 

Sd/

(M.P. Singh)

Director

 

To

          All Ministries/Departments of the Government of India

 

 

No.1/19/03-P&PW (E)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Pension and Pensioners Welfare

 

Lok Nayak Bhavan (3rd Floor)

Khan Market, New Delhi 110  003

Dated:  30th August, 2004

OFFICE MEMORANDUM

 

Subject: Eligibility of divorced/widowed daughter for grant of family pension.

…

 

The undersigned is directed to say that as per clauses (ii) and (iii) of sub-rule (6) of Rule 54 of the C.C.S. (Pension) Rules, 1972 read with clause (b) of Para 7.2 of this Department’s O.M.  No.45/86/97-P&PW (A)-Part I dated the 27th October 1997, son/daughter including widowed/divorced daughter shall be eligible for grant of family pension till he/she attains the age of 25 years or up to the date of his/her marriage/remarriage, whichever is earlier (subject to income criterion to be notified separately).  The income criterion has been laid down in this Department’s O.M. No.45/51/97-P&PW (E) dated the 5th March 1998 according to which, to be eligible for family pension, a son/daughter (including widowed/divorced daughter) shall not have an income exceeding Rs.2550 per month from employment in Government, the private sector, self employment etc.   Further orders were issued vide this Department’s O.M. No.45/51/97-P&PW (E)(Vol.II) dated 25th July 2001 regarding eligibility of disabled divorced/widowed daughter for family pension for life subject to conditions specified therein.

 

2.       Government has received representations for removing the condition of age limit in favour of divorced/widowed daughter so that they become eligible for family pension even after attaining the age limit of 25 years.  The matter has been under consideration in this Department for sometime.  In consultation with the Ministry of Finance, Department of Expenditure and the Ministry of Law and Justice, Department of Legal Affairs etc., it has now been decided that there will be no age restriction in the case of the divorced/widowed daughter who shall be eligible for family pension even after their attaining 25 years of age subject to all other conditions prescribed in the case of son/daughter.  Such daughter, including disabled divorced/widowed daughter shall, however, not be required to come back to her parental home as stipulated in para 2(ii) of this Department’s O.M. dated 25th July 2001, which may be deemed to have been modified to that extent.

 

3.       This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide I.D.No.98/E.V/2004 dated 13.02.2004.

 

4.       These orders, in so far as they apply to the employees of the Indian Audit and Accounts Department, are issued in consultation with the Comptroller and Auditor General of India vide U.O. No.67 Audit (Rules)/37-99 dated 20.5.2004.

 

 

 Sd/-

   (M.P. Singh)

Director

To    

 All Ministries/ Departments of the Government of India