Important Rules related to Family Pension – Rule 31 to 35

Important Rules related to Family Pension – Rule 31 to 35

“75 important rules related to Family pension” with a view to creating awareness among elderly pensioners. 

31. Which is the competent medical authority for issuing the disability certificate?

The disability certificate should be issued either (i) by a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as a 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, or (ii) by an authority competent under the Rights of Persons with Disabilities Rules, 2017.

32. What are the provisions regarding appointment of a guardian or nomination for payment of family pension to a mentally retarded child?  

In the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on and the Guardianship Certificate issued under section 14 of the National Trust Act,1999 (No.44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of person(s) suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act. 

33. Is family pension payable to a child from a void or voidable marriage? If so, the manner in which family pension is to be paid to such child?

Family pension is to be granted to a child of a deceased Government servant/pensioner from such type of void or voidable marriages. Such a child would be entitled to share family pension with the legally wedded spouse or his/her children, in the usual manner.

34. Can family pension be payable to more than one person at a time?

Normally, family pension is payable to one eligible member at a time. However, in certain specific cases, the family pension is divided among eligible members of the family. The family pension will be paid in equal shares where the deceased Govt. servant or pensioner is survived by – 

a) More than one widow (except in the case of Hindu widow or where polygamy/polyandry is not allowed).

b) A widow and an eligible child from a wife who pre-deceased the Government servant. 

c) A widow and an eligible child from a divorced wife or void or voidable marriage;

d) Children from two or more pre-deceased wives 

e) Twin children. 

In all above cases, on the death of one recipient, his/her share of the family pension shall become payable to other member(s) of family who was/were sharing family pension with him/her. 

35. How is the family pension payable to twin children?

Twin, triplet or quadruplet children will get equal shared of the family pension. On death of one recipient, his/her share of the family pension shall become payable to other(s) that was/were sharing family pension with him/her.