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New Amendment in Pension Rules

  • 04 Jan 2024

The Central Government has recently introduced an amendment to the Central Civil Services (Pension) rules, permitting female government employees or pensioners to nominate their children as pension recipients in scenarios involving divorce, dowry cases, or domestic violence against their husbands.

Key Points

  • Context and Background: The decision to amend the rules follows numerous representations seeking clarity on the nomination process for family pension, especially when female employees or pensioners are involved in divorce proceedings or legal cases against their spouses.
  • The National Crime Records Bureau's 2022 report highlighted the prevalence of crimes against women, with a significant portion attributed to cruelty by husbands or relatives and dowry-related cases.
  • Amended Rule Details: The amended rule specifies that if a female government servant or pensioner is involved in divorce proceedings, has filed a case under the Protection of Women from Domestic Violence Act, Dowry Prohibition Act, or Indian Penal Code against her husband, she can request the grant of family pension to her eligible child or children after her death, prioritizing them over her husband.
  • Nomination Process: The new mechanism outlines that, in the event of the applicant's death during pending court proceedings, family pension shall be granted to the widower if no child is eligible for family pension on the date of the female government servant's or pensioner's death.
  • Eligibility Criteria for Family Pension: The amended rule defines eligible children as sons/daughters, including widowed daughters, until the date of marriage/remarriage, until they start earning, or until the age of 25, whichever occurs earliest. In cases of disorders or disabilities, the family pension for a son/daughter is for life.
  • Survival Scenario: If the deceased female government servant or pensioner is survived by a widower with children who have attained the age of majority but are eligible for family pension, the family pension shall be payable to such children.
  • Continuation of Family Pension: Family pension, as per Rule 50 of the CCS (Pension) Rules, 2021, will continue to be payable to the widower until his death or remarriage, whichever is earlier, after all children cease to be eligible for family pension.