Rule 79 - Family Pension Claims

79. Sanction of family pension and residuary gratuity on the death or disappearance of a pensioner or family pensioner.- (1) Where the Head of Office has received an intimation or information regarding the death or disappearance of a pensioner or death or disappearance or ineligibility of a family pensioner, he shall ascertain whether any family pension or residuary gratuity or both in respect of the deceased pensioner or any family pension in respect of the missing pensioner or any family pension in respect of the deceased or missing family pensioner are payable and proceed as hereinafter provided.

(2)(a)

(i) In the case of death of a pensioner, if the deceased pensioner is survived by a widow or widower who is eligible for the grant of family pension under rule 50, the amount of family pension as indicated in the Pension Payment Order shall become payable to the widow or widower, as the case may be, from the date following the date of death of the pensioner.

(ii) The Pension Disbursing Authority shall commence disbursement of family pension, as authorised in the Pension Payment Order, to the widow or widower, whose name has been included in the Pension Payment Order, within one month of the receipt of a claim in Form 12 from the widow or widower along with a copy of the death certificate and an undertaking to the Bank in Format 9.

(iii) Subject to the provisions of clause (b), if the deceased pensioner is survived by a permanently disabled child or children or dependent parents or disabled siblings, whose names have been included in the Pension Payment Order as family pensioners under clause

(e) of sub-rule (1) of rule 63, the Pension Disbursing Authority shall, on receipt of a claim in Form 12 along with a copy of the death certificate and an undertaking to the Bank in Format 9, commence disbursement of family pension, as authorized in the Pension Payment Order, to the member of family who is eligible to receive family pension in accordance with the provisions of rule 50, within one month of the date of receipt of the claim.

(iv) Where the deceased pensioner is survived by spouse and permanently disabled children or dependent parents or disabled siblings, whose names had not been included in the Pension Payment Order previously, the Accounts Officer shall include their names in the Pension Payment Order on receipt of a written communication from the Head of Office on the basis of a request made by the spouse of the deceased pensioner in Form 8.

(v) The Pension Disbursing Authority shall, on death or ineligibility of the family pensioner and on receipt of a claim in Form 12 along with a copy of the death certificate and an undertaking to the Bank in Format 9, commence disbursement of family pension, as authorised in the Pension Payment Order, to a permanently disabled child or dependent parent or disabled sibling whose name has been included in the Pension Payment Order as family pensioner and who is eligible to receive family pension in accordance with the provisions of rule 50, within one month of the date of receipt of the claim.

(b)

(i) Where the Pension Payment Order does not include name of any member of the family for payment of family pension or where the Head of Office is of the opinion that in accordance with the provisions of rule 50, on death of a pensioner or family pensioner, the family pension in respect of a deceased pensioner or family pensioner has become payable to a member of the family other than that whose name has been included in the Pension Payment Order under sub-rule (1) of rule 63 or sub-clause

(i) or sub-clause

(iv) of clause (a), including a person who became member of the family of the pensioner after his retirement, he shall, within one month of the date of receipt of a claim in Form 10, sanction the family pension in Format 13, to such member of family to whom family pension has become payable.

(ii) If family pension is sanctioned under sub-clause (i), the Head of Office shall include the names of any permanently disabled child or children and dependent parents and disabled siblings as family pensioners if there is no other member of the family to whom family pension may become payable before such disabled child or children or dependent parents or disabled siblings.

(3)

(i) Where the Head of Office has received an intimation that a pensioner or family pensioner has gone missing, he shall ascertain whether any family pension is payable in respect of the missing pensioner or family pensioner in accordance with sub-rule (2) and sub-rule (3) of rule 51.

(ii) The Head of Office shall address the eligible member of the family or the guardian, as the case may be, in Format 12 for making a claim for family pension in Form 10.

(iii) A claim for payment of family pension shall be submitted by the eligible member of family to the Head of Office in Form 10 after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry and the claim shall be accompanied by an Indemnity Bond in Format 8, a copy of the report lodged with the concerned Police Station, a copy of the report obtained from the police to the effect that the Government servant or pensioner or family pensioner could not be traced so far despite all efforts made in that regard and an undertaking to the Bank in Format 9.

(iv) On receipt of a claim in Form 10, the Head of Office shall sanction the family pension in Format 13, to such member of family to whom family pension has become payable. The family pension in such a case shall become payable from the date following the date up to which pension or family pension has been paid to the pensioner or family pensioner who went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.

(v) The sanction for family pension under clause

(iv) shall be issued by the Head of Office with a stipulation that the family pension (including the arrears of family pension for the period from the date specified in sub-clause (iv), up to the date of commencement of payment of family pension) shall in no case be paid by the Pension Disbursing Authority before the expiry of a period of six months from the date of lodging of report with the concerned Police Station.

(vi) The claim of a member of the family of the deceased or missing pensioner shall not be rejected on the ground that the details of such member of the family are not available in Form 4 or office records, if the Head of Office is otherwise satisfied about the eligibility of the member of the family for grant of family pension under these rules.

(vii) In order to decide the eligibility for family pension, a member of the family, other than the widow or widower of the deceased Government servant or pensioner, shall be required to submit, along with the claim for family pension, the documents referred to in clause

(b) of sub-rule (12) of rule 50.

(4)(a)

(i) Where a widow or widower in receipt of family pension remarries and has, at the time of remarriage, minor child or children from the deceased Government servant or pensioner who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such minor child or children.

(ii) For the purposes of clause (i), the remarried individual shall apply to the Head of Office in Form 10, along with a declaration that the applicant continues to be the guardian of such minor child or children.

(iii) If the remarried individual has, for any reason, ceased to be the guardian of such minor child or children, the family pension shall become payable to the person entitled to act as guardian of such child or children under any law for the time being in force and such person may submit a claim in Form 10 to the Head of Office for the payment of family pension.

(b) In a case referred to in clause (a), the family pension shall become payable to the child from the date on which he attains the age of majority, subject to the condition that he or she remains eligible for family pension after attaining the age of majority.

(c) Where a widow or widower in receipt of family pension remarries and has, at the time of remarriage, a child from the deceased Government servant or pensioner who has already attained the age of majority and is eligible for family pension, the family pension shall be payable to such child after the remarriage of his father or mother.

(5) If the person eligible for family pension is a minor or is suffering from any disorder or disability of mind or is mentally retarded, the guardian may submit a claim in Form 10 on behalf of such person.

(6) Where on the death of a retired Government servant a residuary gratuity becomes payable to the family of the deceased under sub-rule (2) of rule 45, the Head of Office shall sanction its payment on receipt of a claim or claims in Form 13 from the person or persons eligible to receive the residuary gratuity.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

• 1Applies when the PPO doesn't include all eligible family pension recipients.
• 2Covers situations where the family pension becomes payable to a different family member after the pensioner's or original family pensioner's death.
• 3Head of Office must sanction the family pension within one month of receiving Form 10.
• 4Sanction is to be done in Format 13.
• 5Rule is linked to Rule 50 (Eligibility for Family Pension) and Rule 63 (Preparation of Pension Payment Order).

Practical Example

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Cross References

Frequently Asked Questions

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.