Sir, i have one married son and one divorced daughter, who is mentally ill.my wife has been passed away.i am MP Govt employee and about to retired. so i want if some rule is there for my pension will help to my daughter after me i.e. if family pension applicable to my divorced 34 year old mand budhi daughter? . so please help me.
Dear Client,
Pension could only be granted to dead govt employee's spouse and after his/her death to the dependent son/daughter below 25 years of age. The rule was changed to stipulate that there will be no age restriction in the case of the divorced or widowed daughter.
Enlist her name in the list of dependent.
Hello,
you can make a will to this effect and the daughter may get the same executed later.
Regards
Dear Sir,
Unmarried/divorcee/widow daughter covered by category-2 and dependent parents will be entitled for family pension only when suitable person is not available in deceased’s family and there is no disabled off-spring in the family.
The entitlement of family pension would be on the basis of first born son and second son would be entitled only when the entitlement of first son expires.
Under the above arrangements, the basis for considering the dependent for family pension will depend on the minimum family pension amount and the dearness allowance applicable thereon.
Issueless widow would be entitled for family pension even after her re-marriage but on condition that if her total personal income equalizes or exceeds the amount of family pension, her family pension would be discontinued. In such cases she has to produce a certificate giving all details of income source every 6 months.
Disabled will get family pension for the entire life, but after the death of husband/wife their children would be entitled to it at the in order of preference, viz first elder son/daughter, followed by younger ones. If the disable son/daughter comes first in preference, he would be entitled only after the preference of elder sons.
(4) Parents dependent on deceased Government employees, whose total income should be less than Rs 2250.
(5) If the survivors are two wives, the first married wife would be entitled for family pension and later the second wife.
(6) Mentally retarded son/daughter and minor son/daughter would be entitled for the family pension and payment will be made through designated guardian.
There is no compulsion for eligible service for family pension. As per Sixth Pay Commission, for family pension, 30 per cent of the last drawn salary by the Government employee (implies basic rule -9 (21) (1) for definition of salary) but not less than Rs 3500/-.
In case of retirement, the employee would get double family pension up to age of 65 years or for 5 years but not more than pension, later at the rate of 30 per cent.In case of death, if length of service is less than seven years, then he would not be entitle for double (that means 50 per cent of his last drawn salary.) He would be entitled for general rates (means 30 per cent of last drawn salary) for minimum pension. But if the Government employee has served the Government more than seven years, he would be entitle for double benefits for ten years from the date of his death, but at that stage he should not have completed 65 years of age, after which he would be entitled for family pension at regular rates.
3- Death benefit :- Eligibility for death benefit will be on the basis of nomination. In absence of nomination, the family has been divided in two categories for aid. In first category the benefit would be divided among family members equally. If there is no member in this category then compensation would be divided equally among the second category family. If there is no nomination and there is no member in the family, it would lapse in favor of the Government.
First category of family :- Husband or wife, son and unmarried daughters (including step and adopted children).
Second category of family :- Married and widowed daughters, brothers less than 18 years, unmarried sisters, father/mother and children of deceased son.
your divorce daughter would be eligible for family pension as per OM dated 11th September 2013
2)she would be entitled to family pension as she is dependent on you
See your daughter can apply before the department to get the the pension from the concerned authority citing that she is dependent and not mentally well. You can also nominate her for same.
Dear sir
As per govt rule about family pension your daughter will be eligible for pension even if she is not mentally ill.
You just have to get her name updated in your records For family pension after your death.
The Narendra Modi government has stepped in to help women who suffer on account of India’s long-drawn divorce procedure that makes them ineligible to get family pension in lieu of a government employee parent who has passed away before the case is decided.
Although the pension will start from the date the divorce is granted, women will no longer be ineligible for the pension just because of the death of the parent in question during the course of the divorce proceedings.
It has been decided by government that family pension will be granted to a divorced daughter in such cases where the divorce proceedings had been filed in the court during the lifetime of the employee or pensioner or his or her spouse but the divorce took place after their death – provided the claimant fulfill all other conditions.
“In such cases, family pension will commence from the date of divorce,
Divorced daughter eligible for family pension.
the family pension is payable to the children as they are considered to be dependent on the Government servant.
You need to file a writ petition in high court in this case for suitable directions
1.So, will the family pension apply to the State (Madhya Pradesh) Government for divorce daughter(34 year old)? 2.Are the rule (OM dated 11th September 2013 discussed by Mr. Ajay Sethi) applicable to the Madhya Pradesh state's finance department as well? 3. If my daughter gets married again, then will she get the benefit of family pension or not? 4. If the divorce case is in court and its result comes after I die. So will my daughter still get a family pension? Such a rule will also apply to the State Government (Madhya Pradesh)?
It should apply to divorced daughter in your state
2) government has hence decided that family pension will be granted to a divorced daughter in such cases where the divorce proceedings had been filed in the court during the lifetime of the employee or pensioner or his or her spouse but the divorce took place after their death – provided the claimant fulfils all other conditions.
“In such cases, family pension will commence from the date of divorce,”
3) you can file RTI application as to whether divorced daughters are entitled to family pension in MP
4) agree remarriage she would not get family pension
Yes,
Central rules prevails over state.
Remarriage of widow wife dose not dis entitle her to pension, same will apply for divorce daughter,.
4. Yes, if divorce in pending during life time of father, daughter is entitle to pension even if divorce granted after death of father.
1. The family pension rule will be applicable.
2. Yes
3. No
4. No.
divorced daughters are eligible to get family pension only if a decree of divorce has been issued by the competent court during the life time of at least one of the parents.