The family members of a deceased government pensioner, such as a spouse, are eligible for family pension. However, can an adopted child avail of it when the parent or the pensioner passes away? The Panjab and Haryana High Court recently clarified the matter while hearing a petition from an adopted child of a deceased pensioner requesting access to monthly family pensions. According to a TOI report, Justice Tribhuvan Dahiya, while ruling in the petitioner’s favour, stated that family pensions cannot be denied to legally adopted children regardless of the date of adoption. In this case, the deceased pensioner had adopted the petitioner after retirement.

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Vikas Kumar, who hails from Jhajjar in Haryana, moved to court after the state government rejected his pension application in 2019. He had asked for the release of the family pension from 2012 until he reached 25. After retiring from the military service in 1970, his father joined the Haryana government as a home guard the following year. He retired from that job in July 1987. However, in 2000, he adopted Vikas (the petitioner), and in 2011, he passed away.

Under Rule 54 of the Central Civil Service (Pension) Rules, family members such as spouses, children, parents, and disabled siblings are eligible for pensions.

Here are some rules regarding the eligibility of family members for pension.

Spouse: A spouse is eligible for pension until death or re-marriage. Also, a widow will be eligible for a family pension if the person is childless and re-marries and the total income is less than the minimum family pension and dearness allowance.

Parents: Dependent parents are also eligible for family pensions after their children pass away, provided they do not have a spouse or children. The mother will be the first eligible person; after her death, the father will receive a pension for life.

Disabled Siblings: A disabled sibling is eligible for family pensions if they were fully dependent on their deceased sibling, provided the person does not have a spouse, children, or parents.

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When Are Children Eligible For Family Pensions?

1. Children become eligible for family pensions based on their birth date. For example, the younger sibling will only qualify if the elder sibling becomes ineligible for pensions.
2. In the case of twins, both are eligible for family pension in equal portions.
3. An unmarried child is eligible for a family pension only after they reach 25, marry, or have a livelihood or employment, whichever is early.
4. If the husband and wife both worked for the government, the surviving children will be eligible for two family pensions. The pension to a beneficiary of one deceased employee will not be considered income for determining the eligibility for another family pension in the case of another deceased employee in the family.
5. A child adopted by the spouse will not be treated as a family member of the deceased pensioner to receive a family pension.
6. If a child is disabled and cannot earn a living, such a child, after turning 25, becomes eligible for a family pension for life. If the child’s name is not added to the pension payment order (PPO) or intimated to the authorities, in that case, the applicant can produce a disability certificate before the authorities after the employee’s death for receiving family pensions.

Note: Those receiving family pensions must report them in their income tax return (ITR) under the head “Income from other sources”, according to the Income-tax Act, 1961.