Wednesday, January 4, 2012

uncommon areas in Central Government Pension and Family Pension Matters.


These are certain uncommon areas in Central Government Pension and Family Pension Matters.
Child adopted even after retirement is entitled to get family pension
QA retired employee due to demise of his wife and son legally adopted one of his grand sons after his retirement. He submitted the adoption deed to the Pension Sanctioning Authority with the request to add the name of his legally adopted son in the list of his family members so that he could receive family pension in case of his death. Whether the same is permissible as per law.
Also kindly clarify as to whether the children of post-retiral spouse born to the retired employee are eligible for family pension.
AThe stipulation that adoption should be "before retirement" has been deleted vide Notification No.1(66) P & PW/89-E, dated 18-1-1993. Hence as per Rule 54 (14)(b)(ii) of CCS (Pension) Rules, 1972, son/daughter legally adopted after retirement and children of post-retiral spouse are eligible for the grant of family pension vide Rule 54 (14) of CCS(Pension) Rules and GIDs (18) to (20) thereunder in Swamy's Pension Compilation.
No family pension to the parents, if the deceased employee had left behind a widow or a child.
QConsequent of demise of one employee family pension to his widow was sanctioned. Later on, the widow of the deceased has got re-married with other person. As the widow of the deceased has no children, family pension was stopped from the date of re-marriage. Whether the mother/father of the deceased is entitled to family pension.
AAs per Para 7.2 of the OM, dated 27-10-1997, parents are eligible for Family Pension only if the deceased employee had left behind neither a widow nor a child. Hence, in the case referred to by you, the parents are not entitled to Family Pension.
However, after implementation of 6th CPC recommendations. A child less widow will continue to receive Family pension even after remarriage.
Pension cannot be stopped, even though pensioner acquires foreign citizenship
QA retired Central Govt. Employee who is in receipt of pension immigrated to Canada with Non-Resident Indian status. He was getting his pension continuously when he was a NRI. But now he opts to take the citizenship of that country and as such it may be clarified whether he may continue to get his monthly pension as usual or will it be stopped after his acquiring citizenship of a foreign country.
AThere is no provision in the Rules, viz., CCS(Pension) Rules, Central Treasury Rules for the stoppage of pension drawn by a Govt. pensioner on his acquiring the citizenship of a foreign country. As such the retired employee will continue to get his monthly pension as usual even after his getting foreign citizenship.
Fresh application not required for payment of arrears of commutation due to revision of pension.
QAn employee after his retirement got all the retirement benefits including 1/3rd commuted value of pension. Subsequently he expired. After his demise pay commission recommendation was implemented and his pay was retrospectively revised. His wife who is a family pensioner received the arrears of pay, pension, gratuity, etc. But the arrears of the additional commuted value of pension which has become due based on the quantum of 1/3rd revised pension was not paid to her on the grounds that the concerned employee need to apply afresh for such payment. Since the employee had applied for 1/3rd commutation of pension while he was alive whether his original application would cover any revision which may become due subsequent to his death
AAs per Rule 10 of CCS(Commutation of Pension) Rules, 1981, the said family pensioner is entitled to the difference between the commutation amount received by her husband for the original pension and the commutation amount admissible on the revised increased pension. For this purpose, no fresh application is necessary.

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