Employees of the central government are entitled to a family pension
The Central Government’s Department of Pension and Pensioners’ Welfare (DoPPW) has decided that in cases where the person eligible to receive the family pension is charged with murdering the Government servant or abetting such an offence, the family pension may be granted to another eligible member of the family.
“If the Government servant’s spouse is charged with murdering the Government servant or aiding and abetting in the commission of such an offence, and the other eligible family member is the deceased Government servant’s minor child, the family pension to such minor child shall be paid through a duly appointed guardian.
In an Office Memorandum (O.M.) dated June 16, 2021, the DoPPW said, “The mother or father of the minor kid (who is charged with the infraction) shall not function as guardian for the purpose of withdrawing family pension.”
If the accused individual is cleared of the accusation, the family pension will be payable to him/her from the date of the acquittal, and the family pension to another family member will be stopped from that date, according to DoPPW.
In addition, prior to the new DoPPW decision, in cases where the payment of family pension was suspended under Rule 54 (11-C) of the CCS (Pension) Rules, 1972, the arrears of family pension accruing from the date following the death of the Government Servant/Pensioner will be paid to the other eligible family member of the Government Servant/Pensioner.
What does CCS (Pension) Rules 54(11-C), 1972 say?
If a person who is eligible to receive a family pension on the death of a Government servant or a pensioner is charged with the offence of murdering the Government servant/pensioner or abetting in the commission of such an offence, according to sub-rule (11-C) of rule 54 of the Central Civil Services (Pension) Rules, 1972, if a person who is eligible to receive a family pension on the death of a Government servant or a pensioner is charged, the payment of the family pension has been postponed based on the outcome of the criminal procedures initiated in this case.
Previously, in such circumstances, neither the individual charged with the crime nor any other qualified member of the family received a family pension until the criminal procedures were completed. This regulation has now been changed to offer a family pension to the next eligible member of the Government servant’s family.