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Duru   20 July 2018

Pension office, mumbai - dodgers

I am a lady soon to retire, but since 1991 staying separate from my husband (married 1990) and have single handedly brought up my daughter, she is 27 now. The Pension office is demanding "a letter from spouse - stating we are staying separate and not connected in any way" and 2ndly since my daughter is above 25 she cannot be the legal heir, in that case whats the next alternative. Please help, much appreciate knowing the relevant clauses to such issue enable speak with my office/ pension office too. THANK YOU.


Learning

 5 Replies

Kumar Doab (FIN)     20 July 2018

GO thru;

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, the 11thSeptember, 2013. OFFICE MEMORANDUM

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

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.

 

Kumar Doab (FIN)     20 July 2018

The pension is decided in line with extent applicable rules….

IT is not clear what/which is your establishment.

Generically speaking; The rules of the establishment may provide for pension for spouse..

e.g;

Tamil Nadu Pension Rules, 1979;49 (12)(13)

xii) Family for purposes of family pension will mean: wife or husband / sons and unmarried daughters in the order of birth, and in case of unmarried pensioner, father or mother G.O. 291 Fin 10.04.1995 .

Kumar Doab (FIN)     20 July 2018

Same is expressed in;

Circular no; 123

No; G1/C/067/Vol-24/Tech

O/o PCDA (P) Allahabad

Dt;02/09/2014

 

Kumar Doab (FIN)     20 July 2018

Also;

No. 1/19/03-P&PW (E) Government of India Ministry of Personnel, P.G. & Pension Department of Pension & Pensioners’ Welfare ********* Lok Nayak Bhawan, Khan Market, New Delhi Dated: 6th September 2007 OFFICE MEMORANDUM Subject: Extension of scope of family Pension to unmarried daughters of Central Government servants/ pensioners.

2. The Staff Side of National Council (JCM) had raised the issue of extension of scope of family pension to unmarried daughters of the Government servants/ Pensioners even after attaining the age of 25 years at par with the widowed/ divorced daughters, which has been agreed to in principle. It has, accordingly, been decided that the unmarried daughters beyond 25 years of age shall also be eligible for family pension at par with the widowed/ divorced daughters subject to other conditions being fulfilled.

 

Relate with your matter.

Kumar Doab (FIN)     20 July 2018

The query has been posted in another thread also

 


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