Settlement of Family Pension Between Two Wives of a Government Servant or Pensioner under Central Civil Services (Pension) Rules, 2021: Everything You Should Know

Settlement of Family Pension Between Two Wives of a Government Servant or Pensioner under Central Civil Services (Pension) Rules, 2021

Family Pension Between Two Wives: As a reiteration by the Government of India, through the Department of Pension and Pensioners’ Welfare, in regard to its guideline for settlement of family pension liable to arise on account of it being held that two wives of a deceased government servant or pensioner subsist during his lifetime, this clarification accords with the Central Civil Services (CCS) Pension Rules, 2021, superseding the earlier rules of 1972. The rules and procedures are outlined in detail in Office Memorandum No. 1/1(33)/2024-P&PW(E), dated 10th October 2024:.

Memo Details

Memo Number: 1/1(33)/2024-P&PW(E)

Issued by: Ministry of Personnel, Public Grievances, and Pensions Department of Pension and Pensioners’ Welfare

Issue Date: 10th October 2024

Subject: Settlement of Family Pension between two wives of a Govt Servant/Pensioner

Key Provisions Under CCS Pension Rules, 2021

Eligibility for Family Pension (Rule 50):

Order of Family Pension Payment:

Family pension shall be admissible to the eligible family members of the deceased Government servant or pensioner in the following order of priority:

• Widow or Widower: This encompasses judicially separated spouses and spouses at post retirement.
• Children: Adopted children and stepchildren are included; children born after retirement.
• Dependent Parents: Biological or adopted parents of the deceased.
• Dependent Siblings: Brothers or sisters with intellectual or physical disabilities.

Definition of Widow/Widower:

As per Rule 50(6)(1), only legally wedded spouses are recognized for family pension entitlement.

Also Read, Enhancement of Constant Attendant Allowance CAA Under CCS Extraordinary Pension Rules, 1939/2023: A Small Step Towards Better Pension Benefits for Employees

Distribution between several widows:

Rule 50(8)(c) states that in the event the deceased leaves more than one widow, the family pension will be divided equally among them.

In case a widow is declared ineligible either due to death or other reasons, her share will be transferred to her eligible children.

Cases of Disputed Marriages

If both wives claim pension:

Under the Hindu Marriage Act, 1955, marriage during the lifetime of the first wife is valid only if permitted under the eyes of law, such as in case of permissive personal laws allowing polygamy.

In those situations where the deceased government servant is survived by two wives, the legality of the second marriage is considered.

Where the second marriage was illegal, the second wife is generally not eligible for a family pension.

Also Read, Clarification on deletion of daughter’s name from family details of Central Government pensioners: A comprehensive guide in 2024

Consultation with Legal Authorities:

To determine pension eligibility for a second wife, ministries or departments must consult the Department of Legal Affairs. This ensures compliance with both the Hindu Marriage Act, 1955, and the CCS Pension Rules, 2021.

Official Communication on the Subject

Office Memorandum HIGHLIGHTS:

Department of Pension and Pensioners’ Welfare issued a circular under Memo No. 1/1(33)/2024-P&PW(E) dated 10th October 2024. These are the salient features:

Two wives’ case must be dealt with strictly as per the provisions of Rule 50 of CCS (Pension) Rules, 2021.

In case of a dispute concerning the second marriage, the case has to be referred to the Department of Legal Affairs to reach their decision.

Proper scrutiny and compliance with these rules by ministries and departments are a must before they decide on the eligibility for a pension.

Issued by India Post:

It was issued by India Post to all circles and departments on 3rd November 2024 through Memo No. 4-1(14)/2024-Pension for necessary compliance.

Procedure for Settlement of Family Pension

• Validity of Marriage: Confirm if the second marriage falls within the legal requirements.
• Consult legal authorities: In case of a dispute, refer the case to the Department of Legal Affairs.
• Divide Pension Equally: For valid marriages with multiple widows, divide the pension equally. Transfer a deceased widow’s share to her eligible children.
• Ensure Conformity: Follow Rule 50 and its sub-rules as mentioned under CCS Pension Rules, 2021.

PDF Download: Family Pension Between Two Wives

Source: CEPT

Conclusion: Family Pension Between Two Wives

The Central Civil Services (Pension) Rules, 2021, provide clarity and fairness in distribution among dependents eligible for family pensions, even in cases of two wives. The guidelines of the government see to it that such sensitive matters are addressed under the four walls of legal provisions.

All these rules shall be known to the benefit of employees and pensioners so that their families can be properly availed of their rights without any legal wrangles.

To all this, see Memo No. 1/1(33)/2024-P&PW(E), dated 10th October 2024.

FAQs

What if the second marriage is invalid?

The first wife will receive it in full, as will the eligible dependents, whereas the second wife will not receive a family pension.

Can children from a second marriage qualify to receive a family pension?

If they satisfy the eligibility criteria under Rule 50(9) of CCS Pension Rules, 2021. The amount should be shared equally if there are various widows. It has equal division. In case a widow becomes ineligible after marriage, her share goes to the children.

Who decides the legality of the second marriage?

The cases are reviewed on a case-to-case basis by the Department of Legal Affairs.