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Interpretation of dependency criterion for grant of two family pensions under the CCS (Pension) Rules, 1972 – regarding.

No.1 / 11 / 2011 -P&PW ( E)
Government of India
Ministry of Personnel, PG and Pension
Department of Pension & Pensioners Welfare
Lok Nayak Bhawan, Khan Market,
New Delhi, the 30th November, 2011.


OFFICE MEMORANDUM


Sub:- Interpretation of dependency criterion for grant of two family pensions under the CCS (Pension) Rules, 1972 – regarding.
   The undersigned is directed to reter to this Department’s O.M. No.45/86/97-P&PW(A)- Part I, dated 27th October, 1997 and O.M. No.45/51 / 97-P&PW(E), dated 5th March, 1998 regarding eligibility of dependent parents, sons and daughters for receipt of family pension and the income/dependency criterion prescribed for that Attention is also invited to O.M. No.38/37/08-P&PW(A), dated 2nd September 2008 whereby the dependency criterion has been revised.

   2. This Department has been receiving communication from various quarters seeking clarification whether in the wake of the Office Memoranda referred to above, second family pension is admissible to a family pensioner who is already in receipt of an amount of family pension which is equal to or more than the dependency criterion.


   3. It is hereby clarified that family pension admissmnie to a beneficiary in respect of one deceased employee/ pensioner is not to be counted as income for the purpose of determination of eligibility for another family pension. which is admissible in connection with another deceased employee/ pensioner. However, any other income/ earning of the beneficiary under consideration will be counted towards income for deciding eligibility for family pension.


   4. It is further clarified that the sum of amounts of family pensions admissible to a family pensioner as indicated above shall be regulated as per Rule 54 (11) (a) of the CCS (Pension) Rules. 1972 as amended from time to time.


   5. This issues with the concurrence of Department of Expenditure vide their I.D. No.383/E.V/2011, dated 22nd November, 2011


sd/-
(K.K.Mittal)
Director


Source: circulars.nic.in

See also:



Rule 54 (11)    In case both wife and husband are Government servants and are governed by the provisions of this rule and one of them 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, namely, –
  (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), the amount of both the pensions shall be limited to 1
  per mensem ;
    (ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to 1
  per mensem ;
(b) if both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to 2
  per mensem.
Footnote :- 1. Read Fifteen thousand rupees vide the D/o P. &  P.W.(E)  O.M.  No. 45/1/2001- P. & P.W.(E) dated 30-6-2005.                                                                                                                   
               2. Read Nine thousand rupees vide the D/o P. &  P.W.(E) O.M.  No. 45/1/2001- P. & P.W.(E) dated 30-6-2005

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