Family Pension: What if spouse or eligible person is accused of killing the employee? Modi Govt decides

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July 13, 2021 12:51 PM

Central Government Employee Family Pension Rule: The DoPPW recently said it has been decided "that in cases where a person eligible to receive family pension is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence

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Central Government Employee Family Pension Rule: The Central Government’s Department of Pension and Pensioners’ Welfare (DoPPW) has decided that the family pension may be allowed to another eligible member of the family in cases where the person eligible to receive the family pension is charged with murdering the Government servant or for abetting such an offence.

The DoPPW recently said it has been decided “that in cases where a person eligible to receive family pension is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence and the payment of family pension to him/her remains suspended under Rule 54(11-C) of CCS (Pension) Rules, 1972, family pension may be allowed to other eligible member of the family till the conclusion of the criminal proceedings in this regard.”

“If the spouse of the Government servant is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence and the other eligible family member is a minor child of the deceased Government servant, the family pension to such minor child shall be payable through a duly appointed guardian, and the mother or father of the minor child (who is charged with the offence) shall not act as guardian for the purpose of withdrawal of family pension,” the DoPPW said in Office Memorandum (O.M.) dated 16th June 2021.

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According to DoPPW, if the accused person is acquitted of the charge, the family pension will become payable to him/her from the date of such acquittal and the family pension to another member of the family will be discontinued from that date.

Also, in the cases where the payment of family pension was suspended as per the provisions of Rule 54 (11-C) of CCS (Pension) Rules, 1972, before the new decision of DoPPW, the arrears of family pension accruing from the date following the date of death Government Servant/Pensioner, will be paid to the other eligible family member of the Govt. Servant/Pensioner.

What does Rule 54(11-C) of CCS (Pension) Rules, 1972 say?

According to sub-rule (11-C) of rule 54 of the Central Civil Services (Pension) Rules, 1972, if a person, who is eligible to receive family pension on death of a Government servant or a pensioner, is charged with the offence of murdering the Government servant/pensioner or for abetting in the commission of such an offence, the payment of family pension remains suspended till the conclusion of the criminal proceedings instituted in this regard.

Previously, family pension in such cases was neither paid to the person who was charged with the offence nor to any other eligible member of the family till the conclusion of the said criminal proceedings. However, this rule has now been amended to provide family pension to the next eligible person in the family of the Government servant.

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