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gk (Service)     16 June 2013

Family pension of ex-serviceman (a special case)

Respected Sirs/Madams,

My father in-law (exservice) retired from IAF in 1975 after his service completion successfully and at the time of his retirement he was a widower survived with a son.  He has re-married in the same year and have daughter for them.  Later he has joined in a Nationlised Bank and retired.  He was drawing both defense and Bank pensions.  He is no more now and his wife has to apply for the family pensions.

we have some important quesries / clarification required at this stage are as follows:

Since years back there was a rule that "if the ex-serviceman worked later in any other state gov./central govt/psu units, even though after retirement if he is getting both pensions, he could opt only for one family pension but not for both".  I understand that this rule has been changed recently and in our case both defense and bank pension could be granted to his wife. 

1. But the question is in case, if he might been opted for only one family pension (i.e.for bank pension only) through a letter to the concerned defense/pension authority, (may be years back) - whether his wife could avail both the pensions ?  In this case, we are not sure whether he has officially reported his re-marriage to the defense pension / concerned authority.  Note that, In the diacharge certificate it has mentioned his status as widower survived with a son. 

Please let us know about your valuable comments / advices on this regard.  We are in search of some papers for more calrification to proceed with but not sure whether it will work-out.

Your responses will be highly appreciated with thanks, in advance.

with regards

gk

 

 



Learning

 5 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     16 June 2013

the wife is entitled to bank pension.

The defence pension is granted even to the second wife. Submit proof of second marriage to the defence at the earliest along with the death certificate.

She will be entitled to even defence pension.

1 Like

gk (Service)     16 June 2013

Thanks a lot for your quick response madam,

Whether the voters ID, Ration card or a legal property document named with his wife could be considered as the proof of re-marriage/wife or whatelse could be provided as document other than marriage certificate?

regards

fgk

Dr. Jyothi Vishwanath (Associate Professor of Law)     16 June 2013

1. If the father has alreay opted for any one pension, in that case, mother is entitled only for the one which he opted for.

2. Survivors certificate issued by the Tahsildar is must to prove relation of the mother with father. You can also produce if marriage was registered, the registration certificate.

3. If father was recieving both pensions, mother is entitled to both.

4. THe rule that two pensions are not allowed does not hold good if in second service the person has put in required number of years.

gk (Service)     16 June 2013

Respected Madam,

If both are true in our case, i.e. if he only opted for one family pension and till the last month, he has received both the pensions by himsef .......

then in the above response whether 3) i.e."if father was receiving both pensions so far, mother is entitled to both" even father made an option for one family pension?

thanks

regards

gk

Dr. Jyothi Vishwanath (Associate Professor of Law)     16 June 2013

I feel you exactly dont know if father opted for anyone pension. But just fearing in case he has opted for one.

Even if he has opted for anyone pension, Since he was getting both of them, the mother is also entitled to both of them. So go ahead with applying for pension on behalf of mother. Problem will arise only if objection is raised by defence or the bank regarding any option exercised by the father. If father has never opted, then on objection will ever be raised.

If option is exercised, mother will only get one pension.


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