Eligibility of widowed or divorced daughters for family pension
A copy of Department of Pension & Pensioners' Welfare (DOP&PW)’s O.M. No. 1/13/09-P&PW dated 11.09.2013 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. Rules 54 (6) (iii) and 54 (8) of the CCS (Pension) Rules, 1972 referred to therein correspond to Rules 75 (6) (iii) and 75 (8) of the Railway Services (Pension) Rules, 1993 respectively.
2. A concordance of DOP&PW’s instructions referred to in the enclosed O.M. and Railway Board’s corresponding instructions is given below:-
Corresponding instructions of Railway Board
F(E)III/98/PN1/4 dated 16.03.2005
1/13/09-P&PW(E) dated 28.04.2011
3. Please acknowledge receipt.
(Mrs. SUKHENDAR KAUR)
DA : One Joint Director Finance(Estt.),
Copy to Deputy Comptroller and Auditor General of India(Railways), Room No. 224, Rail Bhavan, New Delhi (40 spares).
For Financial Commissioner/Railways
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3 rd Floor Lok Nayak Bhawan,
Khan Market, New Delhi.
the 11th September, 2013.
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 ie, 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.
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 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 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, maybe 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 30th 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 dearness relief thereon.
6. This is only a clarification and the entitlement of widowed/divorced daughters would continue to be determined in terms of O.M. dated 25/30 th August, 2004, read with O.M. dated 28.04.2011.
Under Secretary to the Government of India
Tel. No. 24644632