The Department of Pension & Pensioners’ Welfare (DoPPW) has made some changes to the existing family pension rules through a notification dated January 1, 2024. The New Pension Rule allows women employees to nominate their child and/or children for family pension instead of their husbands in case of marital discord.

According to the existing provisions of sub-rule (8) and sub-rule (9) of Rule 50 of CCS (Pension) Rules, 2021, in case a government employee dies, the pension is granted first to the spouse, and in case of the death or ineligibility of the spouse, to the child/children and other family members. Under sub-rule (8) of Rule 50, after the death of the government employee, the surviving spouse (widow or widower) is eligible to receive the family pension till their death or remarriage, whichever is earlier. The sub-rule (9) states that if the deceased government employee’s spouse also dies or ceases to be eligible for family pension, then the pension will be payable to the eligible child/children.

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What Is The Amendment?

Now, under the new amendment, women government employees are allowed to nominate their eligible child or children instead of their husbands if there is marital discord reported to the court, such as filing of a divorce petition or a case under the Domestic Violence Act, Dowry Prohibition Act, or the Indian Penal Code.

Under these circumstances, the woman employee can request for change in nomination and make her child and/or children the nominee, taking precedence over her husband for receiving the family pension.

Under the amended rules:

• If any proceedings are going on in the court of law, the woman employee ‘may request in writing to the concerned head office to the effect that in the event of her death during the pendency of any of the aforesaid proceedings, family pension may be granted to her eligible child/children in precedence to her spouse’, according to the notification.
• In case of the death of such a woman employee while the case is still pending, and the nomination was made in favor of a child/children who has/have attained the age of majority, the pension will be payable to the child/children.
• In the case of a minor child, the pension will be payable to the guardian until the time the minor eligible child turns a major. From the date the child attains the age of majority, pension will be payable to the child/children.
• If the child suffers from a disorder or disability of mind, the pension will be payable to the spouse if he is the guardian of the child. If he is not the guardian, the pension will be payable to such child through the person who becomes the guardian of such a child.
• If such a child ceases to be eligible for family pension under Rule 50 of the CCS (Pension) Rules, 2021, the family pension will be payable to the other eligible child/children of the woman employee, if any.
• However, if the child/children are ineligible for family pension, it will be payable to the husband or widower until his demise or the date of remarriage, whichever is earlier.