A recent amendment to the Central Civil Services (Pension) rules now allows female central government employees or pensioners to nominate their children as recipients of their pension in specific circumstances involving divorce, dowry-related issues, or domestic violence cases against their husbands. The Pension and Pensioners’ Welfare Department issued an office memorandum after discussions with the Women and Child Development Ministry to address this matter.
According to the latest report from the National Crime Records Bureau (NCRB) in 2022, cases related to 'cruelty by husbands or their relatives' accounted for a significant portion, around 31.4% or over 1.40 lakhs, of crimes against women. Additionally, there were 13,479 cases reported under the Dowry Prohibition Act.
The office memorandum clarified that if divorce proceedings are ongoing or if a female government servant or pensioner has filed a case against her husband under laws concerning domestic violence, dowry, or the Indian Penal Code, she may request the grant of family pension after her death to her eligible child or children before her husband.
Previously, the existing rule prioritised granting family pensions to the spouse of the deceased government servant or pensioner. However, with the amendment, if a female government servant or pensioner passes away and legal proceedings are ongoing, the family pension can be granted to her widower in the absence of eligible children.
Eligibility criteria for children to receive family pensions include being unmarried, unemployed, or below 25 years of age, or having a disorder or disability. If the deceased female government servant or pensioner is survived by a widower and eligible children, the family pension shall be payable to the children. In case of the children's disability, the pension can be paid to a guardian other than the widower.
After all the eligible children cease to qualify for family pension, as per Rule 50 of the CCS (Pension) Rules, 2021, the family pension will be payable to the widower until his death or remarriage, whichever occurs first. The office memorandum also outlines the necessary procedure for the nomination of eligible children for the pension.
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