The Department of Pension & Pensioner's welfare has amended the Central civil services (Pension) Rules, 2021. The amendment allows female Government servants and pensioners to nominate their children for family pension in precedence to their husbands under certain circumstances.
The amendment, specified under sub-rule (8) and sub-rule (9) of Rule 50 of CCS (Pension) Rules, 2021, addresses situations arising from marital discord, including divorce proceedings or legal actions under the Protection of Women from Domestic Violence Act, Dowry Prohibition Act, or the Indian Penal Code.
The decision comes in response to numerous queries from various Ministries and Departments seeking guidance on whether a female Government servant or pensioner can nominate her children for family pension instead of her spouse in cases of divorce or legal proceedings.
The Department has outlined the process for female government servants or pensioners to make such nominations. In cases where divorce proceedings are pending or legal actions have been initiated against the husband, the female Government servant or pensioner may request the Head of Office in writing to grant family pension to her eligible child in primacy to her spouse.
The disbursement of family pension in the event of the death of the female government servant or pensioner during such proceedings is outlined in a detailed manner, the department states, If the deceased female government servant or pensioner is survived by a widower with no eligible child for family pension, the family pension shall be payable to the widower.
Secondly, if the widower has a minor child or children suffering from a disorder or disability of mind, the family pension shall be payable to the widower. The widower must be the guardian, and if this status changes, the family pension will be payable to the child through the actual guardian. Once the minor child attains the age of majority, the family pension transfers to the child.
Additionally, 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 child or children. Moreso, once all children cease to be eligible for family pension, the family pension transfers to the widower until his death or remarriage, whichever is earlier.
The government has accentuated that this is a progressive amendment reflecting the government's commitment to gender equality and the welfare of women, ensuring that they have the autonomy to determine the distribution of family pension benefits based on individual circumstances.
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