3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated: 1st July, 2013.

OFFICE MEMORANDUM

Sub: Simplification of pension process for permanently disabled children/siblings and dependent parents — instructions regarding. This Department’s O.M. No.1/19/11- P&PW (E), dated 3.8.2011, O.M. No.1/6/2008-P&PW (E), dated 22.6.2010 and O.M. No.1/21/91-P&PW (E), dated 20.1.93 refer.

The undersigned is directed to state that a number of representations are being received in the Department of Pension & Pensioners’ Welfare about the difficulties being faced in getting the revised Pension Payment Orders (PPOs) issued for old parents and disabled children/siblings after the death of the pensioner/family pensioner.

2. The matter has been examined and it has been decided that the employee/pensioner/family pensioner may, at any time before or after retirement/death of employee, make a request to the Appointing Authority seeking advance approval for grant of family pension for life to a permanently disabled child/sibling in terms of provisions contained in rule 54 of the CCS (Pension) Rules, 1972, which are reproduced as under:

Proviso (iv) to sub-rule 6 (iv): before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;

Sub rule 10 (B): Family pension to the dependent disabled siblings shall be payable if the siblings were wholly dependent upon the Govt. servant immediately before his or her death and deceased Govt. servant is not survived by a widow or an eligible child or eligible parents.

3. In terms of sub-rule (10-A) (reproduced below) a request for advance approval to the grant of family pension to the parents may be made to the Head of Office.

Sub rule 10 A (a): Family pension to the parents shall be payable if the parents were wholly dependent on the Govt. servant immediately before his or her death and the deceased Govt. servant is not survived by a widow or an eligible child.
(b): The family pension, wherever admissible to parents, will be payable to the mother of the deceased Govt. employees  failing which to the father of the deceased Govt. servant.

4.  On acceptance of such a request, the Head of Office (HOO) will immediately issue a sanction order for grant of family pension to such children/siblings/dependent parents on their turn.  No further authorisation for grant of family pension to the disabled child/sibling dependent parents would be required. The HOO and Pay and Accounts Officer (PAO) will maintain the details of such disabled children/siblings/dependent parents in the service book and pension file of the employee/pensioner to enable prompt processing of such requests. On the basis of this approval, the permanently disabled child/sibling/ dependent parents will be authorised to receive family pension at the appropriate time, i.e., after the death of pensioner and/or after the death/ineligibility of any other member in the family eligible to receive family pension prior to the disabled child/sibling/ dependent parents, as explained in the succeeding paragraphs.

5. The name(s) of permanently disabled child/children/siblings and/or dependent parents may be added to the PPO issued to the retiring Government servant if there is no other eligible prior claimant for family pension other than the spouse. No fresh PPO need to be issued in such cases and the family pension will be payable by the pension disbursing authority in the following order and the following manner:

(i) To the spouse — on the death of the pensioner – on production of death certificate of pensioner. This family pension will continue till death or remarriage of spouse. In the case of a childless widow, the family pension may continue even after her re-marriage as per rules.

(ii) To the Permanently disabled child/children — on the death/remarriage of spouse — on production of such death certificate/remarriage-intimation. Family pension to the spouse will be discontinued and family pension would be allowed by the PDA for life for permanently disabled children in the order prescribed in Rule 54 of the CCS (Pension) Rules, 1972.

(iii) To the dependent parents — first mother, then father – when claimants in (i) and (ii) die or become ineligible — on production of death certificate/remarriage-intimation of spouse and/or death certificates of all permanently disabled children, family pension would be allowed by the PDA to dependent parents. This family pension would continue till death of the dependent parents.

(iv) To the permanently disabled sibling/s — when family pension to all above ceases to be payable on account of death/re-marriage — on production of death certificates/ remarriage-intimation as applicable, the family pension will be allowed by PDA to the permanently disabled siblings.

6. For all other cases where there are other eligible prior claimants to family pension in accordance with rule 54 of CCS (Pension) Rules, 1972, the names of disabled child/children/dependent parents/permanently disabled sibling will be added to the PPO issued to the preceding eligible family pensioner, based on the authorisation made as in para 3 above. Family pension to these permanently disabled child/children/siblings /dependent parents will be payable after the death/ineligibility of the prior claimant, as the case maybe.

7. The authorisation as indicated above shall be made in the PPO or by issuing a revised authority if a child, parents or sibling is authorised for family pension after issue of the PPO. The revised authority shall take the usual route to the pension disbursing authority. The Pension Disbursing Authority shall start disbursing family pension to the permanently disabled child/sibling or dependent parents after the death of the pensioner/spouse/other family pensioner, as the case may be, on the basis of the PPO/revised PPO, approval of the appointing authority and the death certificate(s) of the pensioner and other family pensioners and the self-certificate for income.

8. Such an authorisation shall become invalid in case a person becomes member of family after issue/amendment of such PPO and is entitled to family pension prior to the disabled child/sibling/dependent parents at the time of the death of the pensioner/spouse. For example, the pensioner may marry/remarry after the death of first spouse or adopt a child. Such spouse/child may be eligible for family pension at the time of death of the pensioner or death/ineligibility of the spouse. A child adopted by the spouse of the pensioner shall not be treated as a member of the family of the deceased pensioner. A decision regarding grant of family pension in such cases will be taken by the Head of Office in accordance with the provisions of rule 54 of the CCS (Pension) Rules, 1972.

9. In order to facilitate the Bank Authorities to promptly sanction the family pension in such cases, the Govt. Employees/pensioners/their spouses may open a bank account of such children/siblings/parents and indicate this information to the Head of Office for inclusion in the PPO/revised authority.

10. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these instructions issue after consultation with the Office of Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary

Source: http://cpao.nic.in
[http://cpao.nic.in/pdf/PPO_010713.pdf]

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3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
Dated: 16th January, 2013

Office Memorandum

Sub: (i) Eligibility of disabled children for family pension after marriage and

(ii) Eligibility for two family pensions clarification regarding.

The undersigned is directed to state that the Government has decided to allow continuance of family pension to mentally / physically disabled children who drew, are drawing or may draw family pension even after their marriage. Further, the Government has also decided to allow two family pensions where the pensioner drew, is drawing or may draw two pensions for military and / or civil employments.

2. In order to implement these decisions, Explanations 1 and 3 after sub-rule 6 of Rule 54 of the Central Civil Services (Pension) Rules, 1972 have been suitably amended and sub-rules 13-A and 13-B have been omitted. A copy of Gazette notification, G.S.R. No. 938 (E), dated 27th December, 2012, giving effect to these amendments is enclosed.

3. For the sake of clarity, the old and new explanations 1 and 3 are reproduced as under highlighting the changes made therein:

Old : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall be furnished by a childless widow after her re-marriage or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

New : EXPLANATION 1 – An unmarried son or an unmarried or widowed or divorced daughter  except a disabled son or daughter, shall become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

EXPLANATION 3 – It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that (i) he or she has not started earning his or her livelihood and (ii) he or she has not yet married or remarried. A similar certificate shall he furnished by a childless widow after her re-marriage or b the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

4. Sub rule 13-A regulates the grant of family pension to a military pensioner after his re-employment in a civil service or a civil post. Grant of two family pensions had been prohibited under this sub rule. Similarly, sub rule 13-B prohibits grant of two family pensions to a person who is already in receipt of Family Pension or is eligible there for under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government. The sub-rules 13-A and 13-B have since been omitted vide the above mentioned Gazette notification.

5. It is clarified that financial benefits in past cases will accrue with effect from 24th September, 2012.

6. As regards pensioners/family pensioners belonging to the Indian Audit and Accounts Departments, these Orders issue after consultation with the Comptroller and Auditor General of India.

sd/-
(Sujasha Choudhury)
Deputy Secretary to the Govt. of India

Source: www.pensionersportal.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/FP_160113.pdf]

The post Eligibility of disabled children for family pension after marriage – Eligibility for two family pensions clarification regarding appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.