Drawing family pension from different sources possible: Government clarifies
What's the story
The central government, through an office memorandum dated May 23, has clarified that the current government pension rules don't prohibit a family member from receiving a pension from two different sources related to the same government pensioner.
Previously, the rules governing pensions were different, but now there are no restrictions on the same under the Central Civil Services (Pension) Rules, 2021, the release stated.
Context
Why does this story matter?
Prior to the December 27, 2012, amendment to the Central Civil Services (Pension) Rules, 1972, sub-rule 13-A of rule 54 prohibited the grant of a family pension from the civil side to a re-employed military pensioner if they had opted for a family pension for provided service.
According to the recent office memorandum, the government's current stance was also clarified in January 2013.
1972 rules
The erstwhile rules prohibiting different source pensions
Moreover, sub-rule 13-B of Rule 54 earlier prohibited the grant of two family pensions to a person who was already receiving a family pension or was eligible for one under any other rule of the central government, public sector undertaking, or any government body.
Notably, sub-rules 13-A and 13-B were consequently removed from the rules on December 27, 2012 (w.e.f. from September 24, 2012).
2021 rules
When were the new rules notified?
On December 20, 2021, the Central Civil Services (Pension) Rules, 2021 were notified, replacing the former Central Civil Services (Pension) Rules, 1972.
The family pension is covered by Rule 50 of the above Central Civil Services (Pension) Rules, 2021.
This rule also places no restrictions on the grant of a family pension from different sources to the same government servant or pensioner.
Quote
What did May 23 office memorandum exactly say?
"In view of the above, it is clarified that there is no restriction in the Central Civil Services (Pension) Rules, 2021 on the grant of family pension to a family member from two different sources in respect of the same government servant/pensioner," read the memorandum.
Pension rules
What will happen in the event of pensioner's death?
However, the right to two family pensions for a member of the family following the death of the government pensioner will remain restricted.
The surviving husband or wife, or in the event of their death, the surviving children, will receive the deceased's family pension, subject to the limits set out in sub-rule 12-A and sub-rule 13 of the Central Civil Services (Pension) Rules, 2021.