No. 1/13/09-P&PW (E)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
19th July, 2017.
OFFICE MEMORANDUM
Sub: Eligibility of divorced daughters for grant of family pension - clarification regarding.
Provision for grant of family pension to a widowed/divorced daughter beyond the age of
25 years has been made vide OM dated 30.08.2004. This provision has been included in clause
(iii) of sub-rule 54 (6) of the CCS (Pension), Rules, 1972.
2. As indicated in Rule 54(8) of the CCS (Pension) Rules, 1972, the tum of unmarried
children below 25 years of age comes after the death or remarriage of their mother/father, i.e.,
the pensioner and his/her spouse. Thereafter, the family pension is payable to the disabled
children for life and then to the unmarried/widowed/divorced daughters above the age of 25
years.
3. It was clarified, vide this department Office Memorandum of even number, dated 11th
September, 2013, that the family pension is payable to the children as they are considered to be
dependent on the Government servant/pensioner or his/her spouse. A child who is not earning
equal to or more than the sum of minimum family pension and dearness relief thereon is
considered to be dependent on his/her parents. Therefore, only those children who are dependent
and meet other conditions of eligibility for family pension at the time of death of the
Government servant or his/her spouse, whichever is later, are eligible for family pension. If two
or more children are eligible for family pension at that time, family pension will be payable to
each child on his/her tum provided he/she is still eligible for family pension when the tum
comes.
4. It was clarified that a daughter if eligible, as explained in the preceding paragraph, may
be granted family pension provided she fulfils all eligibility conditions at the time of
death/ineligibility of her parents and still on the date her tum to receive family pension comes.
Accordingly, divorced daughters who fulfil other conditions are eligible for family pension if a
decree of divorce had been issued by the competent court during the life time of at least one of
the parents.
5. This department has been receiving grievances from various quarters that the divorce
proceedings are a long drawn procedure which take many years before attaining finality. There
are many cases in which the divorce proceedings of a daughter of a Government
employee/pensioner had been instituted in the competent court during the life time of one or both
of them but none of them was alive by the time the decree of divorce was granted by the
competent authority.
6. The matter has been examined in this department in consultation with Department of
Expenditure and it has been decided to grant family pension to a divorced daughter in such cases
where the divorce proceedings had been filed in a competent court during the life-time of the
employee/pensioner or his/her spouse but divorce took place after their death - provi the
claimant fulfils all other conditions for grant of family pension under rule 54 of the CCS
(Pension) Rules, 1972. In such cases, the family pension will commence from the date of
divorce.
7. This issues with the concurrence of Ministry of Finance, Department of Expenditure,
vide their ID No. l(l 1)/EV/2017, dated i
11 July, 2017.
(D.K. Solanki)
Under Secretary to the Government of India
Tel. No. 24644632
/. All Ministries/Departments of the Government of India
2. 0/o The Comptroller & Auditor General of India
3. 0/o The Controller General of Accounts, Lok Nayak Bhavan, New Delhi.
4. Pensioners' Associations as per list maintained in the Department
5. All Officers/Desks
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