Extract of section 40 of LIC (Employees) Pension Rules, 1995:
Refer Para (g) & (h) and regarding dependency criteria for payment of family pension to son or daughter or parents of the deceased retired employes after the death of the spouse.
"40. Period of payment of family pension
(1) The period for which family pension is payable shall be,
(a) in the case of a widow or a widower, upto the date of death or re-marriage, whichever is earlier;
(b) in the case of a son, until he attains the age of twenty-five years; and
(c) in the case of an unmarried daughter, until she attains the age of twenty-five years or until she
gets married, whichever is earlier:
Provided that if the son or daughter of an employee is suffering from any disorder or disability
of mind or is physically crippled or disabled so as to render him or her unable to earn a living
even after attaining the age of twenty- five years, the family pension shall be payable to such
son or daughter for life subject to the following conditions, namely:
(i) if such son or daughter is one among two or more children of the employee, the family pension
shall be initially payable to the minor children in the order set out in clause (e) of sub-rule(1) until the last
minor child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the
son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall
be payable to him or her for life;
(ii) if there are more than one such children suffering from disorder or disability of mind or who are
physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of
them will get the family pension only after the elder next above him or her ceases to be eligible:
Provided that where the family pension is payable to such twin children it shall be paid in
the manner set out in clause (f) of sub-rule (1);
(iii) the family pension shall be paid to such son or daughter through the guardian as if he or
she were a minor except in the case of a physically crippled son or daughter who has
attained the age of majority;
(iv) before allowing the family pension for life to any such son or daughter, the Competent Authority
shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood
and the same shall be evidenced by a certificate obtained from a medical officer approved by the Corporation,
setting out, as far as possible, the exact mental or physical condition of the child;
(v) the person receiving the family pension as guardian of such son or daughter or such son or
daughter not receiving the family pension through a guardian shall produce every three years a certificate
from a medical officer approved by the Corporation to the effect that he or she continues to suffer from
disorder or disability of mind or continues to be physically crippled or disabled.
Explanation. The grant of family pension to disabled children beyond the age limit
specified in this sub-rule is subject to the following conditions, namely:
(i) a daughter shall become ineligible for family pension under this sub-rule from the date she gets
married;
(ii) the family pension payable to such son or daughter shall be stopped if he or she starts earning
his or her livelihood. In such cases it shall be the duty of the guardian or son or daughter to furnish a
certificate to the Corporation every month that
(A) he or she has not started earning his or her livelihood;
(B) in case of daughter that she has not yet married;
d) if a deceased employee or pensioner leaves behind a widow or widower, the family pension
shall become payable to the widow or widower, failing which to the eligible child;
(e) family pension to the children shall be payable in the order of their birth and the younger of
them shall not be eligible for family pension unless the elder next above him or her has becomes ineligible for
the grant of family pension;
Provided that where the family pension is payable to twin children it shall be paid in the manner set out
in clause (f) of the sub-rule (1);
(f) where the family pension is payable to twin children it shall be paid to such children in
equal shares:
Provided that where one such child ceases to be eligible, his or her share shall revert to the
other child and where both of these cease to be eligible, the family pension shall be
payable to the next eligible single child or twin children, as the case may be.
**(g) In case of dependent/unmarried/widowed/divorced daughter up to the date of marriage/re-
marriage or till date on which her income exceeds dependency criteria as may be specified by the
Corporation from time to time whichever is earlier.
**(h) in case of parents, who are wholly dependent on the deceased employee when he/she was
alive, till the date on which their income exceeds the dependency criteria as may be specified by the
Corporation from time to time, provided the deceased employee had left behind neither a widow nor
a child or had left behind only a widow who had subsequently remarried.
(2) Where a deceased employee or a pensioner leaves behind more children than one, the eldest
eligible child shall be entitled to the family pension for the period mentioned in clauses (b) or (c) of sub-
rule(1), as the case may be, and after the expiry of that period the next child shall become eligible for the
grant of family pension.
(3) Where family pension is granted under this rule to a minor, it shall be payable to the guardian
on behalf of the minor.
(4) In case both wife and husband are employees of the Corporation and are governed by the
provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of
the deceased shall be payable to the surviving husband or wife and in the event of death of the husband or
wife, the surviving child or children shall be granted the two family pensions in respect of the deceased
parents subject to the limits specified below, namely:
(a) if the surviving child or children is or are eligible to draw two family pensions at the rates
mentioned in sub-clause(i) of clause (a) and sub- clause(i) of clause(b) of sub-rule (3) of rule 39 the amount of
both pensions shall be limited to two thousand five hundred rupees only per mensem in respect of employees
who retired or died while in service prior to the 1st day of November, 1993 and four thousand eight hundred
rupees per mensem only in respect of employees who retired or died on or after the 1st day of November,
1993;
(b) if one of the family pensions ceases to be payable at the rates mentioned in sub-clause (i) of
clause(a) or sub-clause (i) of clause (b) of sub- rule (3) of rule 39 and in lieu thereof the family pension at the
rate mentioned in sub-rule(1) of rule 39 becomes payable, the amount of both the pensions shall also be
limited to two thousand five hundred rupees per mensem in respect of employees who retired or died while in
service prior to the 1st day of November, 1993 and four thousand eight hundred rupees per mensem in
respect of employees who retired or died on or after the 1st day of November, 1993 ;
(c) if both the family pensions are payable at the rate mentioned in sub-rule (1) of rule 39 the
amount of the two pensions shall be limited to one thousand two hundred and fifty rupees
* Notified vide Govt. of India Notification dated 08.10.2010 (GSR No. 830(E))"
Relevant Para (g) & Para (h)
"(g) In case of dependent/unmarried/widowed/divorced daughter up to the date of marriage/re-
marriage or till date on which her income exceeds dependency criteria as may be specified by the
Corporation from time to time whichever is earlier.
**(h) in case of parents, who are wholly dependent on the deceased employee when he/she was alive, till the date on which their income exceeds the dependency criteria as may be specified by the
Corporation from time to time, provided the deceased employee had left behind neither a widow nor a child or had left behind only a widow who had subsequently remarried. "
On Wed, 6 Feb 2019 at 9:36 PM, ANANTA PARIDA<as.parida@yahoo.co.in> wrote:Thanks Sir, for posting the above said Circular.Hope, it is equally applicable to us, the Pensioners as well.Who are the Dependants for the purpose of this Circular ft.4. 2.2019.~? And,Does it mean that, if a Spouse's earning is Rs.10,000 or more, they shall not be entitled to get a Family Pension~?;. Or,Will the Pensionery Benefits be applicable to Dependant Children and/ or Parents as well, earning less than Rs.9810/-; after the death of both spouses.~?Thanks and regards,A S Parida
No comments:
Post a Comment