3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated May 23, 2022

OFFICE MEMORANDUM

Subject: Eligibility for two family pensions- clarification regarding

The undersigned is directed to state that representations/references have been received in this Department seeking clarification in regard to entitlement of a member if family for family pension from two different sources in respect of the same Government servant/pensioner, e.g. in respect of military service and civil service or in respect of service rendered in autonomous body and civil Government Department.

2. Before amendment of the erstwhile Central Civil Services (Pension) Rules, 1972 on 27th December, 2012, sub rule 13-A of Rule 54 of those Rules prohibited grant of family pension from the civil side to a re-employed military pensioner, if the military pensioner had opted for family pension for the military service rendered by him. Similarly, sub-rule 13-B of Rule 54 of those Rule prohibited grant of two family pensions to a person who was already in receipt of Family Pension or was eligible therefore 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. Sub-rules 13-A and 13-B were omitted vide notification No. 1/33/2012-P&PW (E) dated 27th December, 2012 (effective from 24th September, 2012). Thus the restriction on entitlement of family pension from two different sources in respect of the same Government servant/pensioner in such cases was removed by the aforesaid amendment notification. This position was also clarified vide this Department’s O.M. No. 1/33/2012-P&PW (E) dated 16th January, 2013.

3. The Central Civil Services (Pension) Rules, 2021 have been notified on 20th December, 2021 replacing the erstwhile Central Civil Services (Pension) Rules, 1972. Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with family pension. This rule also does not provide for any restriction on grant of family pension from two different sources in respect of the same Government servant/pensioner.

4. In view of the above, it is clarified that there is no restriction in the Central Civil Services (Pension) Rules, 2021 on grant of family pension to a family member from two different sources in respect of the same Government servant/pensioner, in cases referred to in para 2 above.

5. However, entitlement of two family pensions to a member of the family consequent on death of two different Government servants/pensioners shall continue to be subject to the restriction in sub-rule 12(a) and sub-rule 13 of Central Civil Services (Pension) Rules, 2021.

(Sanjoy Shankar)
Deputy Secretary to the Government of India

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After the 7th CPC Revision of limits of two family pension payable to a child in respect of both the parents

The highest pay in the Government has been revised to Rs. 2, 50,000/ – per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the amount of Rupees forty five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -)

1/ 1(2)/ 2020-P&PW (E) Part-1
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
Dated 12th February, 2021

OFFICE MEMORANDUM

Subject: Revision of limits of two family pensions payable to a child in respect of both the parents after the 7th CPC.

In accordance with sub-rule (11) of rule 54 of the Central Civil Services (Pension) Rules 1972, in case both wife and husband are Government servants and are governed by the provisions of that rule, on their death, the surviving child/ children is/ are eligible for two family pensions in respect of the deceased parents. As per the existing rule 54, if one of the parents dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below:

Also Read: Eligibility of divorced daughters for grant of family pension

• (a) (i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3) of Rule 54, the amount of both the family pensions shall be limited to forty-five thousand rupees per month;
  (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3) of Rule 54, and in lieu thereof the family pension at the rate mentioned in sub-rule (2) of Rule 54 becomes payable, the amount of both the pensions shall also be limited to forty-five thousand rupees per month.
• (b) If both the family pensions are payable at the rates mentioned in sub-rule (2) of Rule 54, the amount of two family pensions shall be limited to twenty-seven thousand rupees per month.

2. The limits of Rs. 45,000/ – per month and Rs. 27,000/ – per month in the existing Rule 54(11) were determined at the rate of 50% and 30%, respectively, of the highest pay of Rs. 90,000/ – in the 6th CPC and were notified vide Notification No. 38/ 80/ 2008-P&PW (A) dated 8th June 2011 (GSR 176 dated the 11th June 2011).

3. References have been received in this Department in regard to the limits of two family pensions payable to child/ children in respect of both the parents, after the 7th CPC.

4. The highest pay in the Government has been revised to Rs. 2, 50,000/ -per month after the 7th CPC. Accordingly, it is clarified that, with effect from 01.01.2016, the number of Rupees forty-five thousand per month in Rule 54(11)(a)(i) & (ii) shall stand revised to Rupees one lakh- twenty-five thousand per month (being 50% of Rs. 2,50,000/ -) and the amount of twenty-Seven thousand per month in Rule 54(11)(b) shall stand revised to Rupees seventy five thousand per month (being 30% of Rs. 2,50,000/ -).

Retirement guide for a central government employees

5. Formal amendment to the Central Civil Services (Pension) Rules in this respect shall be notified separately.

sd/ –
Sanjoy Shankar
Deputy Secretary to the Government of India

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No.1/3/2016-P&PW(F)
Government of India
Department of Pension and Pensioners’ Welfare
(Desk-F)

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delh,
Dated the 24th January, 2019

Office Memorandum

Subject: Clarificatory OM for payment of two family pensions on death attributable to Govt.Service of a re-employed pensioner-regarding.

The undersigned is directed to say that references have been revived in this Department Seeking clarification as to whether a second family pension is admissible under CCS(EOP)Rules when a military/civil pensioner is re-employed in civil service dies and his death is attributable to government service.

2. Vide this Documents Notification No. G.S.R 938(E) dated 27.12.2012,sub-rule 13A 13B of Rule 54,prohibiting two family pension have been deleted.Subsequently vide OM No 1/33/2012-P&PW(E) dated 16.1.2013,two family pensions have been allowed in the event of death of a re-employed pensioner,in service or after retirement, The financial benefits for the pest cases however is with effect from 24th September 2012 Thus under CCS(Pension) Rules,two family pensions are admissible with effect from 24th September.

3. The matter has been examined in the context of the provisions of CCS(Extra-ordinary Pension)Rules. it is clarified that the provisions of two family pensions,one in respect of Millay/civil service and the other for civil service after re-employment as available i terms of CS(Pension)Rules is also applicable under CCS(EOP)Rules in other words on death of a pensioner who was re-employed civil service where death is attributable to government services family pension under CCS(EOP)Rules in respect of services in re-employment would be admissible in addition to ordinary family pension n respect of the previous military/civil service.

4. Where, however, on death of a re-employed civil Government servant the family is eligible for Special/extra-ordinary family pension under the EOP rules in respect of the first spell of service,family pension for the second spell of service would be admissible under the CCS(Pension)Rules,1972 only.

5. The extra-ordinary family pension shall be granted only in one service in no case both the family pension shall be granted under EOP Rules.

6. The financial benefits in the past cases will accure with effect from 24th September 2012 as in the case of family pension under CCS (Pension)Rules.

7. Formal amendment in Central Civil Service (Extraordinary Pension)Rules will be made in due course.

8. This issues with the approval of Department of Expenditure, vide their ID No.1 (5)/EV/2012 dated 3/4/2017 and 15/01/2019.

sd/-
(Sujasha Choudhury)
Director

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