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veraich
09-12-2011, 10:33 PM
As per Rule 54 of CCS (Pension) Rules, regarding Family pension, it indicates as udner:

"The provisions of this rule shall apply-
(a) to a Government servant entering service in a pensionable establishment on or after 01.01.1964; and
(b) xxx


My query is that :


Mr. X joined an autonomous organization, say in 1999 when both CPF and GPF-cum- pension scheme were in operation.
But he opted for CPF scheme
It is true he joined a pensionable establishment.
He met untimely demise during service.

By virtue of being in a pensionable establishment, though he himself was never in consideration for any of the classes of pension, will his family be entitled to family pension.

Just to perceive there being no denying to family pension for CPF subscriber, there is a way to deny it in way of calculation /authorization by way of Clause 3 a (ii) of Rule 54 which is as under:


"Provide in no case the amount of family pension xxx shall exceed the pension authorized on retirement from Govt. service."
Since Mr. X was entitled to '0' pension so family pension will resultantly be zero.


But this also does not seem true:
IF some Mr. Y having opted for GPF dies before completing 10 years of service when he has not qualified for pension (but only gratuities), family pension is admissble rather at higher rate also for initial 7 years.



Finally question: Will family pension be allowed to wife of Mr. X, because Mr. X served under pensionable establishment although he himself was not subscribing to GPF-cum-pension scheme.

If not, may please indicate the rule

Regards

Victor
09-12-2011, 11:37 PM
As per Rule 2 of CCS (Pension) Rules, 1972 "persons entitled to the benefit of a Contributory Provident Fund " are not covered under these rules. Hence the admissibility of Family Pension to the family of Mr. X does not arise.

As regards Clause 3(a)(ii) of Rule 54 the same petains to "Enhanced Family Pension" for those Government servants who die after retirement. Hence the provisio to this Clause only tries to restrict the Family Pension in such cases to the "pension authorised on retirement".

As regards the case of Mr. Y who dies before completing 10 years of service, the family pension is admissible "equal to 50 per cent of the pay last drawn" under Clause 3(a)(i) of Rule 54 which has no link with fixation of pension or admissibility of pension.

Victor

veraich
10-12-2011, 07:39 AM
Right Sir

HS