For those receiving family pension, the question that required clarification was whether a family member is eligible for two family pensions from two different sources of the same government pensioner. Government has come out with clarification in regard to entitlement of a member for family pension from two different sources in respect of the same Government pensioner. It could be a case of military service and civil service or in respect of service rendered in an autonomous body and civil Government Department.
Earlier, the family pension rules were different but later on they were amended. Here’s the timeline:
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Before amendment of the erstwhile Central Civil Services (Pension) Rules, 1972 on 27th December, 2012, sub rule 13-A of Rule 54 of those Rules prohibited grant of family pension from the civil side to a re-employed military pensioner, if the military pensioner had opted for family pension for the military service rendered by him.
Similarly, sub-rule 13-B of Rule 54 of those Rule prohibited grant of two family pensions to a person who was already in receipt of Family Pension or was eligible therefor under any other rules of the Central Government or a State Government and/or Public Sector Undertaking/Autonomous Body/Local Fund under the Central or a State Government.
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Sub-rules 13-A and 13-B were omitted vide notification dated 27th December, 2012 (effective from 24th September, 2012).
Thus, the restriction on entitlement of family pension from two different sources in respect of the same Government employee/pensioner in such cases was removed.
The Central Civil Services (Pension) Rules, 2021 have been notified on 20th December, 2021 replacing the erstwhile Central Civil Services (Pension) Rules, 1972.
Rule 50 of the Central Civil Services (Pension) Rules, 2021 deals with family pension.
This rule also does not provide for any restriction on grant of family pension from two different sources in respect of the same Government servant/pensioner.
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The government has, therefore, clarified that there is no restriction in the Central Civil Services (Pension) Rules, 2021 on grant of family pension to a family member from two different sources in respect of the same Government employee/pensioner.
However, entitlement of two family pensions to a member of the family consequent on death of two different Government employee/pensioners shall continue to be subject to the restriction in sub-rule 12(a) and sub-rule 13 of Central Civil Services (Pension) Rules, 2021.
