As per CCS (Pension) Rules 1972, on the death of a government employee during service, provisional family pension and death gratuity in favour of claimant is sanctioned.
The government has taken steps towards the relaxation of rules for the payment of provisional family pension on death of a government employee during service. A recent Office Memorandum issued by the Department of Pension & Pensioners’ Welfare, states that in order to avoid any hardship to the family of the deceased government employee, it has been decided to relax the provisions of rule 80-A of the CCS (Pension) Rules, 1972. Now, if a claim for family pension in Form 14 along with death certificate and bank account details of the claimant has been received and the Head of Office is satisfied with the bonafide of that claim, the provisional family pension will be sanctioned immediately.
As per Rule 80-A of the CCS (Pension) Rules 1972, on death of a government employee during service, provisional family pension and death gratuity in favour of claimant or claimants is sanctioned. This is after the family pension case, including Form 18 and other documents referred to in Rule 80, has been forwarded by the Head of Office to the Pay & Accounts Office.
The Department observed that the process of forwarding the family pension case to Pay & Accounts Office along with requisite documents itself takes a long time. It is also understood that, in a large number of cases, provisional family pension and gratuity are not being sanctioned on the death of a government employee. The delay in finalization of family pension and gratuity results in hardship to the family of the deceased government employee.
Also, in accordance with Rule 54 (2) (ii) of the CCS (Pension) Rules, on the death of government employee during service, the family of a deceased government employee becomes entitled to family pension even in cases where a government employee dies before completion of one year of continuous service, provided the deceased government employee, immediately prior to his/ her appointment to the service or post, was examined by appropriate medical authority and declared fit by that authority.
Thus family pension is payable to the family of deceased government employee irrespective of the length of service of the employee before the death.
Therefore, verification of the entire service is not relevant for determining the amount of family pension. The amount of death gratuity, however, depends on the length of qualifying service of the deceased government employee. Any Government dues in respect of the deceased government employee are also required to be recovered from the amount of death gratuity.
After the relaxation of the family pension rules, the Head of Office shall not wait for forwarding of the family pension case (including Form-14, Form-18 and other relevant documents mentioned in Rule 80) to Pay & Accounts Office before sanctioning the provisional family pension.
The amount of provisional family pension shall not exceed the maximum family pension as admissible under Rule 54 of CCS Pension Rules, 1972.
In Central Armed Police Forces related cases, where the death of an employee occurs, initially provisional family pension may be sanctioned without waiting for the final Operation Casualty Report.
The Pay & Accounts Office shall release the provisional family pension on the basis of sanction order issued by the Head of Office without insisting for any other documents including service book. The provisional family pension shall be paid in the same manner as Pay and Allowances of the establishment are paid.
There will be no change in regard to the provisions for sanction of provisional gratuity under Rule 80-A.
Action for sanction of death gratuity under rule 80-A may be taken by the Head of Office after forwarding Form-18 and other relevant documents to Pay & Accounts Office. In case the amount of provisional family pension is later found to be in excess of the final family pension, the same may be adjusted from the amount of death gratuity, failing which, it may be recovered in instalments from the family pension payable in future.
The payment of provisional family pension sanctioned may initially continue for a period of six months from the date, following the date of death of the employee. The period of such provisional family pension sanctioned may be further extended, for not more than six months at a time, on the advice of Pay & Accounts Office and with the approval of Head of Department (HOD).