Eligibility of widowed/divorced daughters for grant of family pension - clarification regarding.

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                                     No.1/13/09-P&PW (E)
                      Government of India
            Ministry of Personnel, P.G. & Pensions
        Department of Pension & Pensioners' Welfare
                     3rdFloor, Lok Nayak Bhawan,
                       Khan Market, New Delhi,
                                                                                                                                        11thSeptember, 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 hislher 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 hislher 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 hislher 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 hislher 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 fulfils
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 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 25/30th August, 2004, read with O.M., dated
28.4.2011.
(D.K. Solanki)
Under Secretary to the Government of India
Tel. No. 24644632
1. All Ministries/Departments of the Government of India
2. % The Comptroller & Auditor General of India
3. % The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners' Associations as per list maintained in the Department
5. All OfficerslDesks