Change nominee name in army pension
Vaishali Patil
(Querist) 12 May 2013
This query is : Resolved
Hi Sir,
My Father had two marriage. first wife left 2 months after marriage without divorce and maried with another man and having 4 children however she is taking pension on the death of her husband . So problem is that my father has mention first wife name in army record office. when i enquired in record office they said that they need divorce certificate of first marriage then only they can change nominee name as second wife.
I need suggestion in such case what to do, as there is no divorse certifcate.
please help me.
Regards,
Vaishali
Tajobsindia
(Expert) 13 May 2013
Reference to context the Army Pension guidelines are as follows;
1. Parents will be entitled for family pension only if the PBOR does not leave behind a widow or a child. It is effective from 01.01.1998 subject to the condition that their monthly income should not exceed Rs 2550/- and w.e.f 01.01.2006 Rs 3500/- plus applicable rates of dearness relief.
2. Family pension once granted to widow or child cannot be granted to the mother even after the widow / child has become ineligible.
3. Ordinary family pension CANNOT be divided between the wife and the mother-in-law (irrespective of the fact whether she maintains cordial relations / takes care of the mother-in-law).
4. Ordinary family pension to the wife ceases on her remarriage/death and the same the eligible child if below 25 years. However, the childless widow of a personnel who died in harness on or after 01.01.2006, shall continue ordinary family pension even after her re-marriage subject to the condition that her independent income from all other sources should not exceed minimum prescribed family pension.
5. Second marriage while the first wife is alive is illegal and therefore the second wife will have no claim for grant / division of family pension. However, the children born to the second wife will be entitled for 50% share of the family pension which will be divided between the first wife and the child of the second wife. Once the child becomes ineligible (i.e. having crossed 25 yrs / starts earning livelihood), the first wife will be entitled for 100% share of family pension.
6. Children of divorced wife are also entitled for share of family pension of her mother.
7. Also refer to similar discussion of mine where I clarified position of Law in reference to context at link;
http://www.lawyersclubindia.com/experts/Can-second-wife-s-son-entitle-to-claim-pension-if-1st-wife-has-no-objection--301931.asp
8. Meet the DPDA (Defence Pension Disbursement Authority) in person.
Observations:-Nomination will not change but chances of pension getting is there provided; it is not clear if first wife got legally re-married or not? If she had re-married then the nomination ceases to exists then one has to see if children from second marriage are eligible as per age or not. The question here is of age of children from second wife of the deceased army men. It is also not clear if first wife (widow) was getting LFP or SFP or OFP, kindly clarify the same.
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LFP = Liberalised Family pension
SFP = Special Family pension
OFP = Ordinary Family pension
Vaishali Patil
(Querist) 10 June 2013
Thanks you all for your valuable suggestions.
Now when I went to my first mother and discussed about the same as i mention earlier. She said that she never married with my father. I assumed that if she tells if she married then her second husband pension will get stop. However my father has mention her name in service book.
Please help me what i need to do in that condition.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
How many threads you will have for the same query
http://www.lawyersclubindia.com/forum/details.asp?mod_id=82695&offset=1#.UbyK39jQzmk
http://www.lawyersclubindia.com/experts/Army-record-office-nominee-issue-399851.asp
http://www.lawyersclubindia.com/experts/Change-nominee-name-in-army-pension--392331.asp
http://www.lawyersclubindia.com/forum/details.asp?mod_id=82695&offset=1#.UbyK39jQzmk
You have not stated in any thread if your father is alive.
