Sharing of family pension under Rule 50 Central Civil Services (Pension) Rules, 2021: DoP&PW OM dated 26.10.2022

 Sharing of family pension under Rule 50 Central Civil Services (Pension) Rules, 2021: DoP&PW OM dated 26.10.2022

F. No. 1/1(1))/2022-P&PW (E)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated: 26.10.2022

Office Memorandum

Subject: Sharing of family pension under Central Civil Services (Pension) Rules, 2021

The undersigned is directed to say that Department of Pension has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. Rule 50 of the Central Civil Service (Pension) Rules, 2021 deals with payment of family pension on death of a Government servant/pensioner.

2. In accordance with Rule 50(8) of the Central Civil Service (Pension) Rules, 2021, on death of a Government servant/pensioner, family pension is payable to the widow or widower upto the date of death or re-marriage, whichever is earlier. In cases where the deceased Government servant or pensioner is survived by more widows than one, the family pension shall be paid to the widows in equal shares and on the death or ineligibility of a widow, her share of the family pension shall become payable to her child or children who fulfill the eligibility conditions for grant of family pension. In case, the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.

3. In cases where the deceased Government servant or pensioner is survived by a widow without any child and has also left behind eligible child or children:

(a) from another wife who is not alive, or
(b) from a divorced wife, or
(c) from a void or voidable marriage

the child or children who fulfill the eligibility conditions for grant of family pension shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant/pensioner or if she had not been so divorced or if the marriage had not been void or voidable. On the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible), in equal shares, or if there is only one widow or child, in full, to such widow or child.

4. In the above cases, if the deceased Government servant/pensioner is survived by the widow with child or children eligible for family pension, on the share of family pension payable to the widow ceasing to be payable, such share shall be payable to her child or children in accordance with Rule 50.

5. Incases where family pension is payable to twin children, it shall be paid to such children in equal shares and when one such child ceases to be eligible, his or her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child or twin children.

6. In accordance with Rule 63, on retirement of a Government servant, the name of the spouse of the Government servant, if alive, is indicated as family pensioner in the Pension Payment Order. In cases where family of a Government servant includes more than one wife who is alive, the Accounts Officer shall indicate, in the Pension Payment Order, the names of all the wives with their respective share in the family pension. If family of a Government servant includes a wife, who is alive, and a child or children from a wife who is not alive or from a divorced wife or from a void or voidable marriage, the Accounts Officer shall indicate, in the Pension Payment Order, only the name of wife who is alive with her share in the family pension, then on death of the pensioner, the share of family pension indicated in the Pension Payment Order shall initially become payable to the surviving widow and on receipt of a communication from the Head of Office, the Accounts Officer shall issue a revised Pension Payment Authority, indicating the names of all the members of family who are eligible for family pension on the date of death of the pensioner with their respective share in the family pension, in accordance with rule 50.

7. All Ministries/Departments are requested that the above provisions regarding sharing of family pension under Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry/Department and attached/ subordinate offices thereunder, for strict implementation.

(Vishal Kumar)
Under Secretary to Government of India
Tel: 24644632