FAMILY PENSION FOR DAUGHTERS

ELIGIBILITY OF UNMARRIED / WIDOWED / DIVORCED DAUGHTERS FOR GRANT OF FAMILY PENSION

          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). In this connection Govt Letter dated 30 Aug 2004 referes which is reproduced towards the end of this post..

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 contained in  to PCDA(P) Circular Number 492 dated 24 Jan 2013 , which may be down loaded from  their web site http://pcdapension.nic.in/pcdapension/6cpc/Circular-492.pdf)

We are  including here GoI letters with regard to the entitlement of Family Pension for Unmarried Widowed or Divorced daughters for reference in context of the cases to be taken up for the sanction. You may also download these letters in PDF format for your record, PLEASE CLICK HERE TO DOWNLOAD.

As regards the eligibility of Divorced Daughters to receive Family Pension is concerned its been recently eased to some extent  by the Govt.  vide their letter dated 19 July 2017.

           

This Govt letters in this relation are  placed below which are  self explanatory.

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

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No. l/l3/09-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,

the 11th  September, 2013.

OFFICE MEMORANDUM

Sub: Eligibility of widowed/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. For settlement of old cases, it was clarified, vide OM dated 28.04.2011, that the family pension may be granted to eligible widowed/divorced daughters with effect from 30.08.2004, in case the death of the Govt. Servant/pensioner occurred before this date.

2. This Department has been receiving communications from various Ministries/ Departments seeking clarification regarding eligibility of a daughter who became widowed/ divorced after the death of the employee/pensioner.

3. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the turn of unmarried children below 25 years of age comes after the death or remarriage of their mother/father, i.e.,the pensioner and his/her spouse -Thereafier, 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.

4. It is clarified 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 deamess 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 turn provided he/she is still eligible for family pension when the turn comes. Similarly, family pension to a widowed/divorced daughter is payable provided she fulfills all eligibility conditions at the time of death/ineligibility of her parents and on the date her turn to receive family pension comes.

5. As regards opening of old cases, a daughter if eligible, as explained in the preceding paragraph, may‘ be granted family pension with effect from 30th August, 2004.’The position is illustrated through an example. Shri A, a pensioner, died in 1986. He was survived by his wife, Smt. B, a son Shri C and a daughter, Kumari D, the daughter being the younger. Kumari D married in 1990 and got widowed in 1996. Smt. B died in' 2001. Thereafter, Shri C was getting family pension, being disabled, and died in 2003. Thereafter, the family pension was stopped as Kumari D was not eligible for it at that time. She

applied for family pension on the basis of O.M., dated 30‘h August, 2004. Since she was a widow and had no independent source of income at the time of death of her mother and on the date her turn came, she may be granted family pension. The family pension will continue only till she remarries or starts earning her livelihood equal to or more than the sum of minimum family pension and deamess relief thereon.

6. This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of OM, dated 25/3oth August, 2004, read with OM, dated 28.4.2011.

(D.K. Solanki)

Under Secretary to the Government of India

I 1. All Ministries/Departments of the Government of India
2. O/0 The Comptroller & Auditor General of India
3. O/0 The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners’ Associations as per list maintained in the Department
A 5. All Officers/Desks

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No.1/l3/09-P&PW(E)

Government oflndia

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners‘ Welfare

Lok Nayak Bhavan,

New Delhi, the 28th April, 2011

OFFICE MEMORANDUM

Subject: Extension of scope of Family Pension to Widowed/divorced/unmarried daughter and dependent disabled siblings ‘of Central Government servants/pensioners Clarifications - reg.

The undersigned is directed to state that as per the existing provisions of CCS (Pension) Rules, 1972 as amended from time to time. the son/daughter of a Government I servant/Pensioner is eligible for family pension upto the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. Further, a disabled son/daughter of a Government servant/Pensioner suffering from any disorder or disability of mind, including mentally retarded, or who is physically crippled or disabled, is eligible for family pension for life subject to the fulfillment of certain conditions. Subsequently, orders were issued vide this Department's OM: No.45/86/97- P&PW(A) dt. 27.10.97 and No.1/19/03-P&PW(E) dt. 30.8.2004 making divorced/widowed daughters eligible for family pension even after attaining the age limit of 25 years subject to the fulfillment of certain conditions. it 

was subsequently clarified vide this Department's O.M, No.1/19/03-P&PW (E) dt. 11.10.2006 that family pension to widowed / divorced daughters is admissible irrespective of the fact that the divorce/widowhood takes pace after attaining the age of years or before.

2. Further, orders have been issued vide this Department's OM. No.1/19/03-P&PW(E) dt. 6‘h September, 2007, whereby an unmarried daughter. of a Government servant/Pensioner beyond 25 years of age, has been made eligible for family pension at par with the widowed/divorced daughter subject to fulfillment of certain conditions. However, family pension to the widowed/divorced/unmarried daughters shall be payable in order of their date of birth and the younger of them shall not be eligible for family pension unless the next above has become ineligible for grant of family pension. Further, the family pension to widowed/divorced/unmarried daughters above the age of 25 years, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension arid-that there is“ no disabled child to receive the family pension.

3. Subsequently, orders have been issued vide this Department‘s O.M. No.1/15/2008-P&PW(E) dt; 17.8.2009 whereby dependent disabled siblings of a Government servant/pensioner have. been made eligible for family pension fer life subject to the fulfilment of certain conditions.

4. Representations have been received in this Department from various quarters (i.e. Pensioners' Associations, etc.) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disabled siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear  in the details of family members submitted by the government servant / pension to the Head of Office from where he/she  hagth retired. Besides, in cases where a Government servant/Pensioner had expire prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters. etc. for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of‘ retirement/death of the Government servant or death of the Pensioner. this department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters, etc, of the Government servants/Pensioners.

5. The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfillment of other conditions laid down therein, the widowed /divorced/unmarried,daughter of the Government servant/ Pensioner will be eligible for family pension with. effect from the. date of is issue of respective orders irrespective of the date of death of, the Government servant. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/Pensioners would also be covered on the above lines.

6. All Ministries/Departments are requested kindly to settle the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on priority. They are also requested to bring these orders to the notice of their attached/subordinate organizations for compliance.

7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No.97/EV/2011 dated 06.04.2201 

8. In so far as their applicability to the personnel of Indian Audit and Accounts Department is concerned, these orders are being issued in consultation with the C&AG of India vide their U.O. No.65-Audit (Rules)/14~2010 dt. 26.4.2011.

(K.S. Chibb)

Director

Source : http://cgda.nic.in/pdf/pension_clarification_29102015.pdf

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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.…

 1.         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

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Rules relaxed for divorced daughters to receive Family Pension: Dr. Jitendra Singh

Posted On: 26 SEP 2020 6:24PM by PIB Delhi

Rules have been relaxed for divorced daughters to receive Family Pension and now a daughter will be entitled to receive the Family Pension even if the divorce had not finally taken place but the divorce petition had been filed by her during the lifetime of her deceased parent employee/pensioner.

Disclosing this while briefing the media about some of the important reforms brought in by the Department of Pension and Pensioners’ Welfare, Union Minister of State (Independent Charge) Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said that the earlier Rule provided for payment of Family Pension to a divorced daughter only if the divorce had taken place during the lifetime of deceased parent pensioner or his spouse. The new circular will not only bring ease in the life of pension receiving individuals but also ensure respectable and equitable rights for the divorced daughters in the society.

Orders have also been issued for grant of Family Pension to a Divyang child or sibling even if the Disability Certificate is produced after the death of the pensioner parent but the disability had occurred before the death of the parents. Similarly, to bring ease of living for the Divyang pensioners, Dr Jitendra Singh said, the Attendant Allowance for the helper has been increased from Rs. 4,500 per month to Rs..6,700 per month.