Family pension is granted to the Next of Kin (NOK) of the deceased soldier/veterans/Civilian employees/retirees. Preference of the family pension is as below :-
(a) Wife/husband (Spouse) or Parent (for unmarried)
(b) Son / daughter
(c) Divorced /Unmarried daughter
Family pension to Divorced / widowed daughter has been introduced in the year 2004. Divorced/widowed daughters were made eligible for family pension beyond 25 years of age by an Office Memorandum (O.M.) dated 30th August 2004. This was extended to include unmarried daughters by a subsequent O.M. dated 6th September 2007. Since then several clarifications have been issued by the nodal authority. The Office of the Principal Controller of Defence Accounts (Pensions), Allahabad, issued Circular No. 123 on 02 September 2014 to clarify doubts regarding the eligibility of widowed/divorced daughters for family pension. This clarification was necessitated due to irregularities observed in processing such claims.
Background
- Reference was made to the Ministry of Personnel, Public Grievances & Pensions, Department of Pensions & Pensioners’ Welfare (OM No. 1/13/09-P&PW(E), dated 11 September 2013).
- The OM clarified rules on granting family pension to children (including widowed/divorced daughters) who are dependent on the deceased Government servant/pensioner or their spouse.
Key Clarifications
1. Eligibility of Children
- Family pension is payable to children if they are dependent on the Government servant/pensioner/spouse.
- A child is considered dependent if not earning equal to or above the sum of:
- Minimum family pension, and
- Dearness Relief thereon.
2. Condition of Dependency
- Only those children who are dependent and meet other conditions at the time of death of the Government servant or his/her spouse (whichever is later) are eligible.
- If two or more children are eligible, family pension is paid to each in turn, subject to continued eligibility.
3. Specific Provision for Widowed/Divorced Daughters
- Family pension to a widowed/divorced daughter is payable only if she fulfills all eligibility conditions at the time of death/ineligibility of her parents and
- She must also be eligible on the date her turn to receive pension arises.
Instructions to Departments
- All Heads of Offices under the Ministry of Defence were directed to ensure claims are processed strictly as per the clarification in OM dated 11 September 2013.
- Suitable instructions were to be issued to avoid irregularities in sanctioning family pension to widowed/divorced daughters.
Importance of the Circular
- Ensures uniform implementation of pension rules.
- Protects the rights of widowed/divorced daughters while maintaining conditions of dependency.
- Prevents misuse or wrongful claims.
Conclusion
Circular No. 123 by PCDA (P) reaffirms that widowed/divorced daughters are eligible for family pension, but only if they meet dependency and eligibility conditions at the time of death/ineligibility of parents and when their turn arises. This ensures fairness, clarity, and compliance with existing pension rules.