In a clarification to those who receive a family pension, the government has released a memorandum to answer a lingering question. The confusion regarding family pension that often arose was — whether a family member is entitled to take two family pensions from different sources of the same pensioner of the government. In this regard, the department of pension and pensioners’ welfare, under the ministry of personnel pension and public grievance in regard to entitlement of a member if family for family pension from two different sources in respect of the same pensioner.
In an office memorandum dated May 23, the department of pension and pensioners’ welfare said, “The undersigned is directed to state that representations/ references have been received in this Department seeking clarification in regard to entitlement of a member if family for family pension from two different sources in respect of the same Government servant/ pensioner, e.g. in respect of military service and civil service or in respect of service rendered in autonomous body and civil Government Department.”
The rules and regulations regarding family pensions were different earlier, but have been changed subsequently and now, under the Central Civil Services (Pension) Rules, 2021 there is no restriction on grant of family pension to a family member from two different sources in respect of the same Government servant or pensioner.
Here are the amendments that have been in effect according to the recent office memorandum issued by the government
– Before amendment of the erstwhile Central Civil Services (Pension) Rules, 1972 on December 27, 2012, sub rule 13-A of Rule 54 of those Rules prohibited grant of family pension from the civil side to a re-employed military pensioner, if the military pensioner had opted for family pension for the military service rendered by him.
– Similarly, sub-rule 13-B of Rule 54 of those Rule prohibited grant of two family pensions to a person who was already in receipt of Family Pension or was eligible therefor 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. Sub-rules 13-A and 13-B were omitted vide notification No. l/33/2012-P&PW (E) dated 27th December, 2012 (effective
from 24th September, 2012), as per the notification.
– Thus the restriction on entitlement of family pension from two different sources in respect of the same Government servant/ pensioner in such cases was removed by the aforesaid amendment notification. This position was also clarified in January 2013, the office memorandum said.
– The Central Civil Services (Pension) Rules, 2021 have been notified on December 20, 2021 replacing the erstwhile Central Civil Services (Pension) Rules, 1972. Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with family pension.
– This rule also does not provide for any restriction on grant of family pension from two different sources in respect of the same Government servant/ pensioner. “In view of the above, it is clarified that there is no restriction in the Central Civil Services (Pension) Rules, 2021 on grant of family pension to a family member from two different sources in respect of the same Government servant/pensioner.”
– However, entitlement of two family pensions to a member of the family consequent on death of two different Government servants/pensioners shall continue to be subject to the restriction in sub-rule 12(a) and sub-rule 13 of Central Civil Services (Pension) Rules, 2021, said the department of pension in the office memorandum.
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