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FAMILY PENSION SCHEME

6.17. The provisions of this rule shall apply:

(a)   to   a   regular   employee   of   Punjab   Government   in   a   pensionable establishment on or after the 1st July, 1964 ; and

(b)  to a Punjab Government employee who was in service on the 30th June,

1964  and  came  to  be  governed  by  the  provisions  of  Family  Pension

Scheme, 1964, for Punjab Government employees.

Note.   In the case of a Government employee who retired from service or died at any time before the publication of this rule, the provisions of Family Pension Scheme , 1964 as in force on the date that Government employee retired or died shall apply.

(1) The rate of family pension in respect of a Government employee who dies after retirement shall be as under:

(a)    forty per cent of the pay subject to a minimum of three thousand and five hundred rupees if the pay of the deceased on the date of his retirement does not exceed ten thousand rupees.

(b)    thirty per cent of the pay subject to a minimum of four thousand rupees, if  the  pay  of  the  deceased  on  the  date  of  retirement  exceeds  ten thousand rupees.

Note.   The above rates are effective from the 1st  day of January, 2006.

Note 1.– “pay” for this purpose means the pay as defined in rule 2.44 of the Punjab Civil Services Rules, Volume I, Part I, which the person was drawing on the date of his death while in service or immediately before his retirement. If on the date of his death while in service or immediately before his retirement, a person has been absent from duty on leave, including extraordinary leave, or under suspension, „pay‟ means the pay which he draws immediately before proceeding on such leave or such suspension and the term “pay” shall also include dearness pay.

Note 2.   The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the pension contains a fraction of a rupee it shall be rounded off to the next higher rupee:

Provided that in no case a family pension in excess of the maximum determined under this rule shall be allowed.

(2) The Scheme will be administered as below:

(i) The family pension will be admissible in case of death while in service or after retirement if at the time of death the retired Government employee was in receipt of a compensation, invalid, retiring or superannuation pension.

In case of death while in service, the Government employee should have completed a minimum period of one year of continuous service, without break. The family pension will not be admissible in cases of death after retirement, if the retired employee at the time of death was in receipt of gratuity only:

Provided that the condition of completing a minimum period of one year of continuous service will not be applicable in the case of Government employee who has been medically examined and declared fit for entry into Government service.

(ii)     The term “one year continuous service” used in clause (i) is inclusive of permanent and temporary service in a pensionable establishment and any period of leave including extraordinary leave but does not include Boy Service and suspension period unless that is regularised by the competent authority.

(iii) In the cases of persons who are transferred to Punjab State from the Central Government or other State Governments and in whose case it has been agreed to count their previous service for pension the Family Pension Scheme would be applicable in the event of their death/retirement without putting in one year continuous service under the State Government, if their total service at the time of death (inclusive of service rendered under the previous Government) exceeds one year.

(3)   “Family” for purpose of this scheme will include the following relatives of the Government employee:

(a)   wife in the case of a male Government employee and husband in the case of a female Government employee;

(b)    a  judicially  separated  wife  or  husband,  such  separation  not  being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(c)    sons upto the age of twenty-five years;

(d)    daughters  upto  the  age  of  twenty-five  years  irrespective  of  their marriage  but  unmarried  daughters  shall  be  included  in  the  family irrespective of their age; and

(e)     parents  who  were  wholly  dependent  on  the  Government  employee, when  he/she  was  alive  provided  the  deceased  employee  had  left behind neither a widow nor a child.

Note 1.   (c) and (d) will include children adopted legally before retirement.

Note 2.   Marriage after retirement shall be recognised for purposes of this Scheme.

(4)   The pension will be admissible(time frame)

(i)  (a)   in  the  case  of  widow  or  widower  up  to  the  date  of  death or remarriage  whichever is earlier;

(b)  in the case of a son until he attains the age of twenty-five years or till he starts earning his livelihood, whichever is earlier; and

(c)   to a daughter upto the age of twenty-five years irrespective of her marriage.  However,  an  unmarried  daughter  shall  be  entitled  to family  pension irrespective of her age.  But,  family pension  shall not   be   admissible   to   a   daughter,   if   she   starts   earning   her livelihood:

           Provided that if the son or daughter of a Government employee is suffering from any disorder or disability of mind or is physically crippled or disabled so  as to  render him or  her  unable to  earn  a  living even  after becoming ineligible for family pension under sub-clauses (b) and (c), the family pension shall be payable to such son or daughter for life subject, to the following conditions, namely:

(i) if  such  son  or  daughter  is  one  among  two  or  more  children  of  the Government employee, the family pension shall be initially payable to the children in the order set out in the sub-rule (3) until the last child becomes ineligible for family pension under sub-clauses (b) and (c) and thereafter the family pension shall be resumed in favour of the son or daughter  suffering  from  disorder  or  disability  of  mind  or  who  is physically crippled or disabled and shall be payable to him or her as the case may be, for life;

(ii)  if there are more than one such son or daughter suffering from disorder or  disability  of  mind  or  they  are  physically  crippled  or  disabled,  the family pension shall be paid in the following order, namely:

(a)   firstly to the son,  and if there are more than one son, the younger of  them will get the family pension only after the life time of the elder;

(b)  secondly, to the daughter, and if there are more than one daughter, the younger of them will get the family pension only after the life time of the elder;

(iii)  the  family  pension  shall  be  paid  to  such  son  or  daughter  through  the guardian as if he or she were a minor;

(iv)   before allowing the family pension for life to any such son or daughter, the  sanctioning  authority  shall  satisfy  that  the  handicap  is  of  such  a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer  not  below  the  rank  of  a  Civil  Surgeon  setting  out  as  far  as possible, the exact mental or physical condition of the child;

(v)     the  person  receiving  the  family  pension  as  guardian  of  such  son  or daughter shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continued to suffer disorder or disability of mind or continues to be physically crippled or disabled.

Explanations(1)

(a)  The  disability  which  manifests  itself  before  or  after  the retirement or death of the Government employee shall be taken into account for the purpose of grant of family pension under this rule.

(b) Omitted.

(c) The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood.

(d) In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury or Bank , as the case may be, every month that (i) he or she has not started earning his/her livelihood; (ii) Omitted.

Explanation  (2).  A  son  or  a  daughter  shall  be  deemed  to  be  earning  his/her livelihood  if  his/her  monthly  income  is  equal  to  the  prescribed  minimum  family pension  of  Rs.  3500  plus  dearness  relief  thereon.  Similarly,   parents  whose  total monthly income from all sources is equal to or more than the prescribed minimum pension  of  Rs.  3500  plus  dearness  relief  thereon,  shall  not  be  considered  to  be dependent upon the deceased Government employee and no family pension shall be admissible to them.

Note  1.  When  a  Government  employee  is  survived  by  more  than  one  widow,  the pension will be paid to them in equal shares. On the death of a widow, her share of the pension will become payable to her eligible minor child, if at the time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cease.

Note 2.  Where a Government employee is survived by a widow but has left behind an eligible  minor  child  from  another  wife,  the  eligible  minor  child  will  be  paid  the  share  of pension which the mother would have received if she had been alive at the time of the death of the Government employee.

Note  3.  Except  as  provided  in  Note  1,  pension  awarded  under  this  scheme  will  not  be payable to more than one member of the family of a Government employee at the same time. It will first be admissible to the widow or widower and thereafter to the eligible minor children.

Note 4.–In the event of remarriage or death of the widow or widower, the pension will be granted to the minor children including the posthumous child through their natural guardian, if any, otherwise through their de facto guardian on production of indemnity bond in Form „A‟. In disputed cases, however, payment will be made through a legal guardian (i.e. guardian, appointed by a court of law).

Note  5.  The  ad  hoc  increase  in  pension  will  not  be  admissible  on  the  family pension granted under this scheme.

(5)  Omitted.

(6)  Omitted.

(7)  Omitted.

(8)   Widows  or  widower  of  such  Government  employees  as  are  governed  by this Scheme will not be entitled to family pension under any other rules.

(9)   This scheme is not applicable to

(a) Staff paid from contingencies;

(b) Work-charged staff;

(c) Casual labour;

(d) Contract employees; and

(e) Employees without a minimum service of one year.

(10)  The  commutation  of  pension  has  no  effect  on  the  quantum  of  family pension  as  the  rate  of  family  pension  is  based  on  the  pay  which  the  Government employee  was  drawing  immediately  before  his  retirement  and  not  on  the  pension sanctioned to him.

(11) In case both the wife and the husband are Government employees and are governed by the provisions of this scheme and one of them dies while in service or after retirement, the family pension in respect of the deceased Government employee shall become payable to the surviving husband or wife, as the case may be, and in the event  of the death of the surviving husband or  wife, the surviving child  or  children shall be granted two family pensions in respect of the deceased parents.

(12) Where a female  Government  employee  or a male  Government  employee dies leaving behind  a judicially separated  husband  or  wife  and no child, the  family pension in respect of the deceased employee shall be payable to the surviving person.

(13) (a) Where a female Government employee or a male Government employee dies leaving  behind  a  judicially  separated  husband  or  wife  with  a  child  or  children,  the family  pension  payable  in  respect  of the deceased employee shall be payable to the surviving person provided he or she is the guardian of such a child or children.

(b) Where the surviving person has ceased to be the guardian of such a child or children,  such  family  pension  shall  be  payable  to  the  person  who  is  the  actual guardian of such a child or children:

Provided   that   where   in   a   case   the   judicial separation is granted on the ground of adultery and the death of the Government employee takes place during the period  of  such  judicial  separation,  the  family  pension  shall  not  be  payable  to  the person surviving.

(13-a) If a person who in the event of death of a Government employee while in service,  is  eligible  to  receive  family  pension  under  this  rule,  is  charged  with  the offence  of  murdering  the  Government  employee  or  for  abetting  the  commission  of such an offence, the claim of such a person, including that of other members of the family   eligible   to   receive   the   family   pension   shall   remain   suspended   till   the conclusion of the criminal proceedings instituted against him.

(13-b) If on the conclusion of the criminal proceedings referred to in sub-rule

(13-a), the person concerned

(i)  is convicted for the murder or for abetting the murder of the Government employee,  such  a  person  shall  be  debarred  from  receiving  the  family pension  which  shall  be  payable  to  other  eligible  members  of  the family, from the date of death of the Government employee.

(ii)  is  acquitted  of  the  charge  of  murder  or  for  abetting  the  murder  of  the Government  employee,  the  family  pension  shall  be  payable  to  such  a person from the date of death of the Government employee.

(13-c)  The  provisions  of  sub-rules  (13-a)  and  (13-b)  shall  also  apply  for  the family  pension  becoming  due  on  the  death  of  a  Government  employee  after  his retirement.

(14)  Omitted.

6.17-A.  (1)  The rate of family pension in respect of a Government employee who dies in harness, for a period of first fifteen years from the date of death or till the Government  employee  would  have  attained  the  age  of  sixty-five  years,  had  he survived , whichever period is less, shall be as follows:

(2) The rate of family pension in respect of Government employees who die in harness, after fifteen years from the date of his death or till the Government employee would have attained the age of sixty five had he survived, whichever period is less, shall be as follows:

Note.The rates mentioned in this rule are effective from the 1^st day of December,2011.

6.18 In addition to the pension or family pension admissible under these rules, the old pensioners or family pensioners shall be entitled to an additional pension calculated on the basis of their age and basic pension/family pension at the rates given below :

Notes. (i) The additional pension/family pension admissible on attaining the age of 65 years or above, shall be admissible from the 1^st day of the month in which the date of birth of a pensioner falls. Those pensioners or family pensioners whose date of birth falls on the first day of a month, shall also be entitled to additional pension/family pension with effect from the first day of that month.

(ii) The Accountant General (A&E), Punjab, shall ensure that the date of birth and the age of pensioner or family pensioner is invariably indicated in the form PEN-I and the Pension Payment Order to facilitate payment of additional pension/family pension by the Pension Disbursing Authority as soon as it becomes The amounts of pension or family pension and additional pension/family pension shall be shown distinctly in the Pension Payment Order.

(iii)  The benefit of additional pension or family pension shall also  be admissible to  the pensioners or family pensioners belonging to the All India Services of Punjab cadre.

(iv) If the date of birth is not recorded in the Pension Payment Order or the office record, additional  pension/family  pension,  shall  be  payable  on  the  basis  of  any  one  of  these documents:  PAN  Card,  Matriculation  Certificate,  Passport,  and  Adhaar  Card  (if  it  contains date of birth). A pensioner, who cannot produce any of the these documents, shall be asked to produce  a  certificate  of age  from the   Chief  Medical Officer  of  the  district  in  which  he/she resides and his/her eligibility for the payment of additional pension shall be determined on the basis of the age adjudged by the said medical authority.

(v) The provisions of this rule are effective from the 1st  day of December, 2011.

6.18-A.  The  procedure  to  be  followed  in  respect  of  claims  arising  out  of  this scheme is as under:

(i)  All  employees  entitled  to  the  benefit  of  this  Scheme  shall  be  required  to -rule (3) of rule 6.17, i.e., the  date  of  birth  of  each  member  with  his  or  her  relationship  with  the Government employee. This statement shall be countersigned by the Head of  Office  and  pasted  in  the  service  book  of  the  Government  employee. Government  employee  will  thereafter  be  required  to  keep  this  statement up-to-date. Additions and alterations in this statement will be made by the Head  of  Office  from  time  to  time  on  receipt  of  information  from  the Government employee concerned.

Cases where death occurs while in service

(ii)   On  receiving  information  of  death  of  a  Government  employee  while  in service, the administrative authority will send a letter as prescribed in Form PEN-16 to the family of the deceased and ask for the necessary documents mentioned therein.

(iii)   On receiving the documents referred to in clause (ii) the pension sanctioning authority  will  sanction  family  pension  as  in  Form  PEN-17  and  send  all these documents along with the service book of the Government employee to   the   Accountant-General,   Punjab,   who   will  then   issue   the   Pension Payment Order to the beneficiary.

(iii-A)   In  the  case  of  a  Government  employee  who  dies  while  on  deputation  to Central or any other State Government or while on foreign service, action to  authorise  the  payment  of  family  pension  and  Death-cum-retirement gratuity, in accordance with the provisions of this scheme, shall be taken by the  Audit  Officer  or  the  Head  of  the  Office,  as  the  case  may  be,  of  the Cadre   authority   which   sanctioned  the  deputation   of  the  Government employee to the Central or any other State Government or to foreign service.

Cases where death occurs after retirement –
(iv) In order to facilitate quick payment of family pension to the widow/widower of the pensioner, Pension Payment Order, as amended, provides for the admissibility of the family pension to her/him under the same Pension Payment Order under which the pensioner was drawing his pension. While applying for the grant of pension, the Government employee would furnish three copies of his joint photographs with wife/husband; one of which will after having been attested by the pension sanctioning authority be henceforth pasted in the pension payment order, pensioner‟s portion. The amount of family pension admissible will be mentioned in th e pension payment order.
The Treasury Officer will start paying family pension to the widow or widower on receipt of death certificate of the pensioner and the Form of application in Form PEN.16(a) for the grant of family pension to her or him intimating the change to the Accountant-General, Punjab, in the Form PEN-18. If the widow or widower is also not there and the family pension is payable to the minor children through their guardian, the guardian will apply on behalf of the children with two copies of his photograph and the other necessary documents to the administrative authority on surrendering the First Pension Payment Order. Fresh Pension Payment Order will have to be issued in such cases.

6.19. In cases where the pensionary liability is required to be allocated between two or more Governments, only the net amount of gratuity payable should be allocated between the different Governments.

Family Pension as in CSR Vol. II