Pension after death
Querist :
Anonymous
(Querist) 09 January 2016
This query is : Resolved
Respected, all members,
please, suggest me, if a person dies after his pension of the last month has credited to his bank account. But he could not able to withdraw it and he dies. He lost his wife before and He has a widow daughter who is a house wife and she depends only on this pension. Please, tell me, what are the legal procedures to get his pension of the last month, already which has credited to his bank account? And does his daughter able to get the benefits of his pension in future? If, so, then what is the legal procedure?
Sudhir Kumar, Advocate
(Expert) 09 January 2016
Please, tell me, what are the legal procedures to get his pension of the last month, already which has credited to his bank account? And does his daughter able to get the benefits of his pension in future?
NOMINEE WILL GET PROPORTIONATE PENSION TILL DATE OF DEATH.
P. Venu
(Expert) 09 January 2016
The daughter may contact the Bank; they will provide the guidance.
Isaac Gabriel
(Expert) 09 January 2016
Verify the pensioner's half about the right for family pension.The widowed daughter can get family pension through an application to the athorities, if her name does not find place for getting family pension.
kavksatyanarayana
(Expert) 09 January 2016
author, some rules are different from state to state and state govt. to central govt. and public sectors. however in most governments, dependent (widowed/divorced) daughter will get pension but you have to submit the death certificate to the pension sanction authority and bank authorities.
Isaac Gabriel
(Expert) 10 January 2016
You are lucky to get replies eventhough anonymous. Now you can find the remedy from the replies.
Querist :
Anonymous
(Querist) 10 January 2016
Many many Thanks to all of u for giving me such an advice.
Querist :
Anonymous
(Querist) 10 January 2016
Many many Thanks to all of u for giving me such an advice.
Anirudh
(Expert) 10 January 2016
If the Pensioner was a Central Govt. pensioner, then the widowed daughter is entitled to grant of family pension. (If the pensioner is a State Govt. pensioner, then you have to contact the State Govt. pension department concerned).
Please see the following two Notifications.
No.1/19/03-P&PW (E)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners Welfare
Lok Nayak Bhavan (3rd Floor)
Khan Market, New Delhi 110 003
Dated: 30th August, 2004
OFFICE MEMORANDUM
Subject: Eligibility of divorced/widowed daughter for grant of family pension.
…
The undersigned is directed to say that as per clauses (ii) and (iii) of sub-rule (6) of Rule 54 of the C.C.S. (Pension) Rules, 1972 read with clause (b) of Para 7.2 of this Department’s O.M. No.45/86/97-P&PW (A)-Part I dated the 27th October 1997, son/daughter including widowed/divorced daughter shall be eligible for grant of family pension till he/she attains the age of 25 years or up to the date of his/her marriage/remarriage, whichever is earlier (subject to income criterion to be notified separately). The income criterion has been laid down in this Department’s O.M. No.45/51/97-P&PW (E) dated the 5th March 1998 according to which, to be eligible for family pension, a son/daughter (including widowed/divorced daughter) shall not have an income exceeding Rs.2550 per month from employment in Government, the private sector, self employment etc. Further orders were issued vide this Department’s O.M. No.45/51/97-P&PW (E)(Vol.II) dated 25th July 2001 regarding eligibility of disabled divorced/widowed daughter for family pension for life subject to conditions specified therein.
2. Government has received representations for removing the condition of age limit in favour of divorced/widowed daughter so that they become eligible for family pension even after attaining the age limit of 25 years. The matter has been under consideration in this Department for sometime. In consultation with the Ministry of Finance, Department of Expenditure and the Ministry of Law and Justice, Department of Legal Affairs etc., it has now been decided that there will be no age restriction in the case of the divorced/widowed daughter who shall be eligible for family pension even after their attaining 25 years of age subject to all other conditions prescribed in the case of son/daughter. Such daughter, including disabled divorced/widowed daughter shall, however, not be required to come back to her parental home as stipulated in para 2(ii) of this Department’s O.M. dated 25th July 2001, which may be deemed to have been modified to that extent.
3. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide I.D.No.98/E.V/2004 dated 13.02.2004.
4. These orders, in so far as they apply to the employees of the Indian Audit and Accounts Department, are issued in consultation with the Comptroller and Auditor General of India vide U.O. No.67 Audit (Rules)/37-99 dated 20.5.2004.
Sd/-
(M.P. Singh)
Director
No.1/13/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners'
Welfare
3rd Floor,
Lok Nayak Bhawan,
Khan Market,
New Delhi,
the 11th September, 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 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 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
Querist :
Anonymous
(Querist) 24 February 2016
Thank u so much to all.
Querist :
Anonymous
(Querist) 24 February 2016
respected all, it is to be informed u that by mistake i have posted the query by anonymous but I am a registered member for long time not anonymous on this forum. The query was urgent, all of u have replied me, tried to resolve the problem, and gave importance to the query and by understanding the urgency of the query did not ignore my query as by an anonymous, a heartly thanks to all to understand the value of this urgent query. Thank you so much.
Kumar Doab
(Expert) 25 August 2016
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1721 of 2015
Date of Decision: 29.07.2016
Khajani Devi ... Appellant(s) Versus Union of India and Others ... Respondent(s)
CORAM: Hon'ble Mr. Justice Mahesh Grover. Hon'ble Mr. Justice Shekher Dhawan
Single bench judge Punjab and Haryana High Court at Chandigarh had decided that ‘the divorced, unemployed daughter of a freedom fighter would not be entitled to family pension after the death of her parents.
The division bench of Justice Mahesh Grover and Justice Shekher Dhawan has accepted the appeal against the single-judge order.
The high court division bench said that the object of the clause in Swatantrata Sainik Samman Pension Scheme, 1980, was that one member of the family be paid, hence Khajani was eligible.
The bench, observing that pension schemes were intended to honor the valor of the uniformed people who laid down their lives or suffered for the cause of the country. “We would, thus, not place any demeaning interpretation on the scheme to deprive the unsung heroes of the country of benefits meant to ensure a life of dignity to their dependents,” the bench said, adding there was no rationale in including unmarried daughters but excluding divorced daughters.
The recent decision can pave the way in general for laying down in all cases that;"there is no rationale in including unmarried daughters but excluding divorced daughters."
The valuable opinion of learned experts is sought.
