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g.bharath (retired)     19 October 2016

Widower pension admissibility if widower remarries a lady

as per current regulation on remarriage a widow or widower getting family pension on death of the main emloyee who was the husband/wife will cease to get the family pension. NOW MANY PERSOND ESPECIALLY LADIES ARE NOT AWARE OF THIS RULE. SO THEY REMARRY AND THEIR FAMILY PENSION FROM GOVT WHERE THE DEAD SPOUSE WAS EMPLOYED. SO IF THEY UNKNOWINGLY DO NOT INFORM REMARRIAGE WHAT ARE LEGAL CONSEQUENCES.


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 8 Replies

Akash Kapoor (Owner at Shramsamadhan India)     19 October 2016

The Armed Forces Tribunal has ruled that childless widows of Army men who remarry, and continue to depend on the family pension as their primary source of sustenance, cannot be denied the benefit. 

Along with this it ruled that " Pension Schemes are not estate and is not regulated by successiona Acts"

See this https://timesofindia.indiatimes.com/india/Armed-Forces-Tribunal-says-soldiers-remarried-widow-is-entitled-to-pension/articleshow/41481414.cms

For all labour law related problem visit https://www.shramsamadhan.com/

In case of state government employee also the same is there https://timesofindia.indiatimes.com/city/mumbai/State-government-employees-widow-can-get-pension-even-after-remarriage/articleshow/51298603.cms

 

 

 

Kumar Doab (FIN)     19 October 2016

Mr. Kapoor, Thanks for sharing.

G.L.N. Prasad (Retired employee.)     20 October 2016

Whether the same is applicable to all others is not clear.  If the marriage is not registered, may be it may not pose problems.  But, if in existence certificate being submitted annually there is a separate column, about this remarriage, and concealing and suppression of facts may spark a trouble.

Kumar Doab (FIN)     20 October 2016

'who remarry, and continue to depend on the family pension as their primary source of sustenance, cannot be denied the benefit.'

 

is a good logice for anyone.

However the employer/establishment may need an order from court of law.

 

Ms.Usha Kapoor (CEO)     20 October 2016

The following are the latest rules for  availing  the benefit  of family pension  which  can be availed of by  a childless widdow even after her remarriage if her total earnings or  rincome on such remarriage is below the minimum amount payable  as Family pension of her former deceased husband.. If she  has children through her first marriage  she can receive family  pension  for the maintenance of   those children till they artain 25 years of age. Please read the  following service rules of Central Govrnment regarding /family Pension PAYABLE  TO  WIDOW ON HE RREMARRIAGE IN THE  FOLLOWING  CIRCUMSTANCES..

E.14 Up to which period family pension is payable?

Family pension is payable to one member of the family at a time in the order and for the period as under:

a) In the case of a widow or widower, up to the date of death or remarriage, whichever is earlier. Family Pension shall continue to be payable to a childless widow after her re-marriage if her income from all other sources is less than the amount of minimum family pension and the dearness relief thereon.

b) When widow or widower becomes ineligible, children below 25 years of age in the order of their age, up to 25 years of age or till they get married or till they start earning more than the amount of minimum family pension along with dearness allowance thereon.

c) After (a) & (b) above; for the lifetime to any son/daughter who is suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled and who is unable to earn a living.

d) If no spouse/children below 25 years of age/disabled children above 25 years of age are eligible for family pension, it may be granted to unmarried/widowed/divorced daughters above the age of 25 years in the order of seniority of their age.

e) Thereafter, family pension may be paid to the parents who were wholly dependent on the Govt. servant when he/she was alive.

f) Disabled siblings (i.e. brother and sister) who were dependent on the Government servant immediately before the death of the Government Servant, for life.

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Sudhir Kumar, Advocate (Advocate)     21 October 2016

Originally posted by : Akash Kapoor
The Armed Forces Tribunal has ruled that childless widows of Army men who remarry, and continue to depend on the family pension as their primary source of sustenance, cannot be denied the benefit. 

Along with this it ruled that " Pension Schemes are not estate and is not regulated by successiona Acts"

See this https://timesofindia.indiatimes.com/india/Armed-Forces-Tribunal-says-soldiers-remarried-widow-is-entitled-to-pension/articleshow/41481414.cms

For all labour law related problem visit https://www.shramsamadhan.com/

In case of state government employee also the same is there https://timesofindia.indiatimes.com/city/mumbai/State-government-employees-widow-can-get-pension-even-after-remarriage/articleshow/51298603.cms

 

 

 

whether judgement is implemented or there is any appeal.

1 Like

Kumar Doab (FIN)     21 October 2016

Collect the certified copy of judgment and apply.

Sudhir Kumar, Advocate (Advocate)     27 October 2016

better state facts of the case.

1 Like

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