The Department of Pensions and Pensioners’ Welfare has clarified that the Central Civil Services (Pension) Rules, 2021 do not prohibit a family member from receiving a pension from two distinct sources in respect of the same Government servant/pensioner.
As per a office memorandum issued by the department, “However, entitlement of two family pensions to a member of the family consequent on the death of two different Government servants/pensioners shall continue to be subject to the restriction in sub-rule 12(a) and sub-rule 13 of Central Civil Services (Pension) Rules, 2021.”
Earlier, the regulations for family pensions used to be different, but they were changed subsequently. Below are the amendments which took place, according to OM.
“Before amendment of the erstwhile Central Civil Services (Pension) Rules, 1972 on 27 December, 2012, sub rule 13-A of Rule 54 of those Rules prohibited grant of family pension from the civil side to a re-employed military pensioner, if the military pensioner had opted for family pension for the military service rendered by him
Similarly, sub-rule 13-B of Rule 54 of those Rule prohibited grant of two family pensions to a person who was already in receipt of Family Pension or was eligible therefor under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government.
Sub-rules 13-A and 13-B were omitted dated 27th December, 2012 (effective from 24th September, 2012).
Thus the restriction on entitlement of family pension from two different sources in respect of the same government servant/pensioner in such cases was removed by the aforesaid amendment notification. This position was also clarified vide this Department’s O.M. No. l/33/2012-P&PW (E) dated 16th January, 2013.”
On December 20, 2021, the Central Civil Services (Pension) Rules, 2021 were notified, superseding the Central Civil Services (Pension) Rules, 1972. Family pension is covered by Rule 50 of the Central Civil Services (Pension) Rules, 2021. This provision also exempts the grant of a family pension from two distinct sources in the case of the same Government employee or pensioner.
According to Central Civil Services (Pension) Rules dated December 21, 2021:
The family pension admissible to a person consequent on death of a Government servant or pensioner shall not be considered as income for the purpose of determination of eligibility for a family pension under this rule consequent on death of another Government servant or pensioner, subject to the condition that the sum of both the family pensions shall not exceed the limits specified in sub-rule (13).
In case, both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely,-
(i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-clause
(ii) or sub-clause
(iii) of clause (a) of sub-rule (2), the amount of both the family pensions shall be limited to one lakh twenty-five thousand rupees per mensem;
(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-clause (ii) or sub-clause
(iii) of clause (a) of sub-rule (2), and in lieu thereof the family pension at the rate mentioned in sub-clause
(i) of clause (a) of sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to one lakh twenty-five thousand rupees per mensem;
(ii) (iii) if both the family pensions are payable at the rates mentioned in sub-clause (i) of clause (a) of sub-rule (2), the amount of two family pensions shall be limited to seventy-five thousand rupees per mensem.