FAMILY PENSION - DETAILED BRIEF

1.       Family Pension. The families of the Armed Forces personnel are granted familypension on the death of a service person/pensioner. Family pensions are of three kinds, namely, Liberalized Family Pension, Special Family Pension and Ordinary Family Pension. The eligibility and conditions under which these pensions are granted are given at GOI/MOD letter No. 1(2)/97/D (Pen-C) dated 31 January 2001. These provisions are also discussed in the succeeding paragraphs. Liberalised family Pension (LFP) 2.           Eligibility. The eligibility criteria are as follows:-

(a)          Death or disability due to acts of violence/attack by terrorists, anti-social elements, etc whether on duty other than operational duty or even when not on


duty. Bomb blasts in public places or transport, indiscriminate shooting incidents in public etc. are covered under this category, besides death/disability occurring while employed in the aid to civil power in dealing with natural calamities.

(b)          Death or disability arising as a result of:-

(i)          Enemy action in international war.

(ii)           Action during deployment with peace keeping mission abroad.

(iii)         Border skirmishes.

(iv)         During laying or clearance of mines including enemy mines as also minesweeping operations.

(v)          On account of accident explosions of mines while laying operationally oriented mine-field or lifting or negotiating mine-field laid by the enemy or own forces in operational areas near international borders or the line of control.

(vi)     War    like    situations,    including   cases    which   are    attributable to/aggravated by:-

(aa)     Extremist acts, exploding mines etc, while on way to an operational area.

(ab)     Battle inoculation training exercises or demonstration with live ammunition.

(ac)     Kidnapping by extremists while on operational duty.

(vii)        An act of violence/attack by extremists, anti-social elements etc while on operational duty.

(viii)      Action against extremists, anti-social elements, etc. Death/disability while employed in the aid to civil power in quelling agitation, riots or revolt by demonstrators are covered under this category.

(ix)         Operations specially notified by the Govt from time to time.

3.            In case of death of a defence person under the circumstances mentioned at para 2 above, the eligible member of the family shall be entitled to Liberalised Family Pension equal to reckonable emoluments last drawn for both officers and PBOR. Liberalised Family Pension at this rate shall be admissible to the widow in the case of officers and, to the nominated heir in the case of PBOR until death or disqualification.

4.            If the defence person is not survived by widow but is survived by child/children only, all children together shall be eligible for Liberalised Family Pension at the rate equal to 60% reckonable emoluments. Liberalised Family Pension shall be payable to the child/children for the period during which they would have been eligible as in the case of Special Family Pension. The Liberalised Family Pension shall be paid to the senior most eligible child at a time. On his / her death/disqualification it will pass on to next eligible child. In case eligible child is physically or mentally handicapped and unable to earn livelihood, LFP is admissible for life.

Notes.

(1) Unmarried daughter above 25 years age widowed/ divorced / disabled daughter irrespective of her age would also be eligible to receive family pension for life, subject to conditions that her monthly earning from all sources is less than Rs 2550/-pm.

(2). Family pension shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.

(3) In case the eligible child  is  physically  or  mentally  handicapped  and unable to earn a livelihood, the Liberalised Family Pension would be admissible for life to such a child subject to same conditions as in force hitherto fore.

5.            Liberalised Family Pension on Remarriage of Widow. Liberalised Family Pension on remarriage of widow shall be regulated as follows:-

            (a)     Commissioned Officers

(i)         If she has Children
(aa)	If she continues to support Children after marriage	Full Liberalised Family Pension to continue to widow
(ab)	If  she  does  not  support Children after re-marriage	Ordinary Family Pension at 30% to widow. Special Family Pension at 60% to eligible children.
(ii)	If she has no child.	Full Liberalised Family Pension to continue to widow.

(b)          PBORs.

(i)            If Liberalised Family Pension is Sanctioned as First Life Award to the Widow. Same provisions as at (a) above shall be applicable.

(ii)          Where First Life Award is Sanctioned to Parents. Where the first life award was given to a parent and the widow remarries, the Liberalised Family Pension shall be regulated depending upon the period of widow's remarriage as follows:-

(aa)     If Widow Continues to Support the Children or has no  Children. Widow will get family pension equal to Special Family Pension (ie, 60% of liberalized family pension or reckonable emoluments) from the date of remarriage and the parents will also get family pension at the rate of 60% of liberalized family pension for the balance of 7 years if the remarriage of widow takes place during 7 years of casualty. After the period of seven years or where remarriage of widow took place after seven years, widow will get family pension @ 60% liberalized family pension and parents will get family pension at the rate of 30% of liberalized family pension. On death or disqualification of parents, widow will get family pension equal to the liberalized family pension for life.

(ab)     If Widow Does not Support the Children.        Widow     will get ordinary Family Pension (i.e. 30% of reckonable emoluments) for life from the date of remarriage and the parents will continue to get first life award at the same rate (i.e. full  liberalized family Pension) for balance of seven years where remarriage takes place within 7 years of casualty, provided they support the children. Otherwise, the entitlement of parents will be equally divided between the parents and children. After the period of 7 years or where remarriage of widow takes place after seven years of casualty, parents will get family pension at the rate of 60% of liberalized family pension provided they support children;

otherwise it will be divided equally between the parents and the children. On death/disqualification of parents of deceased service

person, the senior most eligible child will get family pension at the rate of 60% of liberalized family pension.

Notes.

(1)    In case the children become beneficiary the award will  be continued for a period and subject to conditions as applicable for grant of Special Family Pension. The Liberalised Family Pension shall be paid to the senior most eligible child at a time. On his / her death/disqualification it will pass on to next eligible child. In case eligible child is physically or mentally handicapped and unable to earn livelihood, LFP is admissible for life.

(2)          Unmarried daughter above 25 years age widowed/ divorced

/disabled daughter irrespective of her age would also be eligible to receive family pension for life, subject to conditions that her monthly earning from all sources is less than Rs 2550/-pm.

(3). Family pension shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.

(4) In case the eligible child is physically  or  mentally handicapped and unable to earn a livelihood, the Liberalised Family Pension would be admissible for life to such a child subject to same condition as in force hitherto fore.

(c)          Parents. Where an officer dies as a bachelor or as a widower without children, dependent pension is admissible to parents without reference to their pecuniary circumstances at the rate of 75% of the LFP for both parents and @ of 60% for a single parent.

6.    Special Family Pension (SFP).

               (a)          Eligibility. Admissible in case of death of a person on account of the causes as
               attributable to or aggravated by military service..

(b)         Rate. Special Family Pension is admissible at the uniform rate of 60% of reckonable emoluments last drawn by the deceased, subject to a minimum of Rs 2,550/- irrespective of whether widow has child(ren) or not (in cases arising on or after 01.01.1996). With effect from 01.01.1996, in case the eligible child is physically or mentally handicapped and unable to earn livelihood, SFP is admissible for life. Widowed/divorced daughters up to the age of 25 years or marriage whichever is earlier, has been included in the definition of family for the purpose of Special Family Pension. Families of Short Service Commissioned Officers and Emergency Commissioned Officers, who died under circumstances attributable to military service, shall also be entitled to special family pension.

7.            Special Family Pension on Remarriage of Widow. Special Family Pension on remarriage of widow is regulated as follows:-

(a)          Commissioned Officers.

(i)	If widow has child/children
(aa)	If  she  continues  to  support children after remarriage	Full Special Family Pension to continue to widow.
(ab)	If she does not support children after remarriage	-   Ordinary Family Pension equal to 30% of emoluments last drawn to the ‘re- married widow’ -  50% of the Special Family Pension to the eligible children.
(ii)	If widow has no child w	Full Special Family Pension to continue to idow.

(b)        PBORs

(i)            If Special Family Pension is Sanctioned to the Widow.  Same provisions as applicable to officers.
(ii)          Where First Life Award is Sanctioned to Parents:

(aa)	If widow continues to support children after re-marriage, has no issue.	•         50% of SFP to parents •         50% of SFP to widow
(ab)	If widow does not support children after remarriage but children are supported by the parents	•         Full SFP to parents. •         Ordinary  Family Pension to widow.
(ac)	If children are not supported either by the re-married widow Or the parents.	•         50% of SFP to parents. •         50% SFP to eligible children. •         Ordinary Family Pension to widow
(ad)	On death or disqualification of parents and the widow supports the children or has no issues.	•      Full SFP to widow
(ae)	On death or disqualification of parents and the widow does not support the children	•      Full SFP to eligible children. •      Ordinary Family Pension to widow.

(iii)         Death Gratuity.     Subject to a maximum of Rs 3.5 lakh if the defence person died in harness.

(iv)         Other Benefits.     Leave encashment up to a maximum of 300 days.

8.            Ordinary Family Pension (OFP)

(a)          Eligibility.      Families of defence personnel, who died during service for causes neither attributable to nor aggravated by service or after retirement with pension, are eligible to ordinary family pension..\
(b)          Rate of Pension. (Ordinary Rate)    With effect from 01.01.1996, OFP is admissible at a uniform  rate of 30% of reckonable emoluments last drawn subject to a maximum of 30% of the highest pay applicable to Armed Forces Personnel. The minimum amount of family pension is Rs1275+ 50% DP/- per month.
       Enhanced Rate of Family Pension.   it will be 50% of reckonable emoluments of the pensioner. The details are as under :-
 (8.9) What is enhanced family pension and for what period it is payable?
Ordinarily, family pension is paid @ 30% of the pay last drawn by the Government at
the time of his retirement/death. However, in the following three cases, family pension is
payable at the enhanced rate of 50% of the last pay drawn:
a) From 1.1.2006, where a person not governed by the Workmen’s
Compensation Act dies while in service after rendering not less than seven
years continuous service, the rate of family pension shall be equal to 50% of
last pay drawn from the date of death of deceased Government Servant,
payable for a period of ten years.
b) In case a Government servant had died while in service after 1.1.1999 and
before 1.1.2006 and his/her family was being granted family pension at
enhanced rates, i.e., period of 7 years of enhanced rate had not been
completed on 1.1.2006, the family pension will be allowed to be paid till the
completion of the period of 10 years from the date of date of the Government
servant.
c) In the event of death of Government Servant after retirement, the enhanced
family pension shall be payable for a period of seven years or for a period up
to the date the deceased would have attained the age of 67 years, whichever
is earlier. In no case the amount of family pension exceed the pension
authorised on retirement from Government.
After the lapse of the period of 10 or 7 years, as the case may be, the family pension is
payable at the ordinary rate.

(8.11) Whether the period of 10 years for payment of enhanced family pension would
also apply in the case of a Government servant who died before 1.1.2006 and in
respect of whom the family was receiving enhanced family pension as on
1.1.2006 ?
Yes. The period of 10 years for payment of enhanced family pension will count from the
date of death of the Government servant. These orders will, however, not apply in a
case where the period of 7 years for payment of enhanced family pension has already
completed as on 1.1.2006.
Def Pers.  Those who retired before 13-05-1998 the EFP is payable for 7 years or upto 65 yrs which ever is less and 7 years or age of 67 yrs which ever is earlier.

Notes.

(1)          Past family pensioners are entitled to get at least 30% of the minimum of the revised pay scale introduced wef 01.01.1996 for the rank in the case of Officers and rank and group in the case of PBORs

(2)          If the deceased person had rendered 7 years or more service, the family is given OFP at double rate for the first 7 years or up to the time when the deceased would have reached the age of 67 years or whichever is earlier. The amount of enhanced family pension is not to exceed 50% of the emoluments or the retiring pension if the death takes place after retirement but before 67 years of age.

(3)          With effect from 01.01.1998, OFP is admissible also to parents who were wholly dependent on the defence person provided the deceased had left behind neither a widow nor a child and widowed/divorced daughter. The income criteria are that their earning should not be more than Rs 2550/- per month. 

(4)      With effect from 06 Sep 2007, the unmarried daughters above 25 years of age are also eligible for pension at par with widowed/divorced daughters subject to other conditions being fulfilled and there is no disabled child to receive the pension. (Auth: GOI, MoD letter 1(3)/2007-D (Pen Policy) dated 25 Oct 2007)

9.            Ex-Gratia Award in the Event of Death While Performing Military Duty. In addition to Liberalized Family Pension/Special Family Pension, ex-gratia payment to the family of a deceased defence personnel is admissible as under in the event of death occurring on or after 01.08.1997:-

(a)	Death occurring due to accidents in the course of performance of duties.	Rs 5.00 lakh.
(b)	Death occurring in the course of performance of duties attributable to acts of violence by terrorists, anti-social elements etc.	Rs 5.00 lakh
(c)	Death occurring during:- ·                  Border skirmishes ·                  Action against militants, terrorists, extremists etc	Rs 7.50 lakh
(d)	Death occurring during enemy action in international war or such likes engagements, which are specifically notified by the MoD.	Earlier Rs 7.50 lakh Increased  to  Rs  10 lakh wef  01.05.1999

10.         Revision of Pension.

(a)          Revision      of      Pension      of      Pre-01.01.1996      Pensioners/Family  Pensioners.            The Fifth Central Pay Commission recommended that total parity may be brought between the pre 1.1.86 and post 1.1.86 retirees; by notional fixation of pay of pre 1.1.1986 retirees in the post 1.1.86 scales of pay and re- fixing of pension of all pre 1.1.1986 retirees on basis of their notional fixation of pay. This recommendation of Fifth Central Pay Commission has been implemented by the Government and total parity has been achieved between pre 1.1.1986 retirees and those, who retired between 1.1.1986 and 31.12.1995.

(b)        Revision of Disability Pension/Special Family Pension/Liberalised Family Pension/War Injury Pension etc. in respect of Pre-1996 Armed Forces Pensioners. The Fifth Central Pay Commission though recommended the consolidation and revision of Ordinary Family pension in respect of past family pensioners; it is silent about the revision of Special/Liberalized Family Pension. The issue of revision of Disability Pension/War Injury Pension/Special Family Pension/Liberalized Family Pension etc. in respect of pre - 01.01.1996 Armed Forces Pensioners was considered in consultation with Dept. of Pension and Pensioners Welfare and Ministry of Finance and orders were issued by Ministry of Defence for revision of Disability Pension/Special Family Pension/Liberalized Family Pension /War Injury Pension etc. in respect of pre - 1996 Armed Forces pensioners vide letter No. PC 1(2)/97/D (Pen-C), dated 16.05.2001. In accordance with the provisions contained in the letter dated 16.05.2001, while for the widows who were in receipt of Liberalized Family Pension (LFP), irrespective of the date of award, the consolidated pension shall be not less than the reckonable emoluments calculated on the minimum pay in the revised scale of pay introduced wef 01.01.1996 of the rank, rank and group(in the case of PBORs) held by the deceased personnel at the time of death, for the special family pensioners, the consolidated pension, shall not be less than 60% of the minimum pay in the revised scale of pay introduced wef 01.01.1996 of the rank, rank and group (in the case of PBORs) held by the deceased personnel at the time of death, subject to a minimum of Rs 2550/- pm.

11.         Transfer of Pension Account. In case you shift your residence permanently from present address or for any other reason, you can apply for ‘transfer of pension account’ to any authorised Public Sector Bank/Nationalised Bank/Branch of your choice. Application form for the same is placed at Appendix R. Please forward following documents to Commodore Bureau of Sailors (Pension), Cheetah Camp, Mankhurd, Mumbai 400088, for further action, with a copy to DESA:-

(a)        Filled in application in quadruplicate.

(b)        Attested copy of PPO.

(c)        Attested copy discharge certificate/discharge book.

12. Family Pension for Life to Physically/Mentally Challenged Children. Physically/Mentally challenged Children of defence personnel, ex-servicemen and widows of deceased defence personnel are authorised family pension for life. In case you are a pensioner and your child is physically/mentally challenged, you are required to obtain a ‘Disability Certificate’ to this effect  from your nearest Command/Base Hospital. Format of the ‘Disability Certificate’ is placed available at xxxx. Please forward following documents, with an application on a plain paper to their HQ / Records Office and PCDA(P) for further action.:-

(a)        Disability certificate.

(b)        Attested copy of PPO.

(c)         Attested copy of discharge certificate/discharge book.
(d)          Duly  filled  in  form  for  nominating  guardian  for  ‘the  child’  after  your demise. (xxxx).
(e)          Consent letter from the nominee to the effect that he/she is willing to be the guardian for the mentally challenged child.

(f)           Two photographs of the nominee guardian duly attested by Gazetted Officer.


13.    IS THE DISBAILITY ELEMENT CARRIED FORWARD FOR FAMILY PENSION ?

          It all depends on the Category of disability , The details as given in the Central Civil Services Rules are reproduced below:-

CATEGORIES OF DISABILITY – A, B & C
  

Category  'A'	Death or disability due to natural causes not attributable to Government service. Examples would be chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty, etc.
Category 'B'	Death or disability due to causes which are accepted as attributable to or aggravated by Government service. Diseases contracted because of continued exposure to a hostile work environment, subjected to extreme weather conditions or occupational hazards resulting in death or disability would be examples.
Category 'C'	Death or disability due to accident in the performance of duties. Some examples are accidents while traveling on duty in Governments vehicles or public transport, a journey on duty is performed by service aircraft, mishaps at sea, electrocution while on duty, etc.

Family Pension - for Categories 'B' & 'C'
        

  In case of Cat 'A' the Ordinary Family Pension @ 30% of the basic pay will be entitled  (Enhanced Family Pension for the limited period @ 50% of the Basic pay, when so entitled).

(1)	Distinction between widows without children or those with children, for determination of the quantum of extraordinary family pension shall stand abolished. The quantum of monthly extraordinary family pension for all categories of widows shall be :-
	(a) Where the deceased Government servant was not holding a pensionable post: 40% of basic pay subject to a minimum of Rs.1,650/-
	(b) Where the deceased Government servant was holding a pensionable post :       60% of basic pay subject to a minimum of  Rs. 2500.
(2)	In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules. Dependent parents/brothers/sisters, etc., shall be paid family pension at one-half the rate applicable to widows/fatherless or motherless children.

CATEGORIES OF DISABILITY – D & E

Category 'D'

Death or disability, attributable to acts of violence by terrorists, anti-social elements, etc. whether in their performance of duties or otherwise. Apart from cases of death or injury sustained by personnel of the Central Police Organization while employed in aid of the civil administration in quelling agitation, riots or revolt by demonstrators, other public servants including police personnel, etc., bomb blasts in public places or transport, indiscriminate, shooting incidents in public, etc., would be covered under this category.

Category 'E'

Death or disability arising as a result of (a) attack by or during action against extremists, anti-social element, etc... and (b) enemy action in international war or border skirmishes and warlike situations, including cases which are attributable to (i) extremists acts, exploding mines, etc..., while on way to an operational area, (ii) kidnapping by extremists; and (iii) battle inoculation as part of training exercises with live ammunition.

Family Pension under Categories 'D' & 'E'

(1)	Family pension in  cases, falling under categories 'D' & 'E' shall be determined under the existing provision of Liberalized Pensionary Awards Scheme.
(2)	If the Government servant is not survived by widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% of basic pay, subject to a minimum of  Rs. 2500. Children allowance. as admissible now, shall stand abolished.
(3)	When the Government servant dies a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of pay last drawn if both parents are alive and at the rate of 60% if only one of them is alive.

The CCS Rules are the basic on which MoD frames their rules specific for the Armed Forces modifying the language and contents  but without changing the authorizations of awards.

For CENTRAL CIVIL SERVICES (EXTRAORDINARY PENSION) RULES -  PLEASE CLICK HERE


14.      ELIGIBILITY OF UNMARRIED / WIDOWED / DIVORCED DAUGHTERS FOR GRANT OF FAMILY PENSION - LATEST GOVT ORDERS

            In accordance with 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 above provisions were modified with effect from 06 Sep 2007, wherein the unmarried daughters above 25 years of age are also eligible for pension at par with widowed/divorced daughters subject to other conditions being fulfilled and in case  there is no disabled child to receive the family pension. . (Auth: GOI, MoD letter 1(3)/2007-D (Pen Policy) dated 25 Oct 2007).

As regards the eligibility of Divorced daughters are concerned its been eased to some extent  In July 2017 by the Govt.  The dependent unmarried daughters and the divorced daughters above 25 yrs of age,  of the pensioner are entitled to family pension in their turn subject to the condition that their own income be not more than the pension they would be entitled to. 

In this connection Govt letter dated 19 July 2017  reproduced below clarifies the terms for the grant of pension to the divorced daughters.


G. No. 1/13/09-P&PW (E)
 Government of India 
Ministry of Personnel, 
P.G. & Pensions Department of Pension & Pensioners'Welfare
3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi, 
      19th July, 2017. 

OFFICE MEMORANDUM 

Sub: Eligibility of divorced daughters for grant of family pension - clarification regarding.  

Provision for grant of family pension to a widowed/divorced daughter beyond the age of 25 years has been made vide OM dated 30.08.2004. This provision has been included in clause (iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972. 

2. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the tum of unmarried children below 25 years of age comes after the death or remarriage of thei mother/father, i.e., the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled children for life and then to the unmarried/widowed/divorced daughters above the age of 25 years. 

3. It was clarified, vide this department Office Memorandum of even number, dated 11th September, 2013, that the family pension is payable to the children as they are considered to be dependent on the Government servant/pensioner or his/her spouse. A child who is not earning equal to or more than the sum of minimum family pension and dearness relief thereon is considered to be dependent on his/her parents. Therefore, only those children who are dependent and meet other conditions of eligibility for family pension at the time of death of the Government servant or his/her spouse, whichever is later, are eligible for family pension. If two or more children are eligible for family pension at that time, family pension will be payable to each child on his/her tum provided he/she is still eligible for family pension when the tum comes. 

4. It was clarified that a daughter if eligible, as explained in the preceding paragraph, may be granted family pension provided she fulfils all eligibility conditions at the time of death/ineligibility of her parents and still on the date her tum to receive family pension comes. Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a decree of divorce had been issued by the competent court during the life time of at least one of the parents. 


5. This department has been receiving grievances from various quarters that the divorce proceedings are a long drawn procedure which take many years before attaining finality. There are many cases in which the divorce proceedings of a daughter of a Government employee/pensioner had been instituted in the competent court during the life time of one or both of them but none of them was alive by the time the decree of divorce was granted by the competent authority.  

6. The matter has been examined in this department in consultation with Department of Expenditure and it has been decided to grant family pension to a divorced daughter in such cases where the divorce proceedings had been filed in a competent court during the life of employee/pensioner or his/her spouse but divorce took place after their death - provided  the claimant fulfills all other conditions for grant of family pension under rule 54 of the CCS (Pension) Rules, 1972. In such cases, the family pension will commence from the date of divorce. 

7. This issues with the concurrence of Ministry of Finance, Department of Expenditure, vide their ID No. l(l 1)/EV/2017, dated i11 July, 2017. ~ - /.

(D.K. Solanki)
Under Secretary to the Government of India

Tel. No. 24644632



EARLIER PROVISIONS ON THE SUBJECT

   you may download the Govt letters regarding Family pension for Daughters from this web page. please CLICK HERE to DOWNLOAD OR READ

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