Sanction of family pension and residuary gratuity in respect of deceased or missing pensioners or family pensioner under Central Civil Services Pension Rules 2021

CHAPTER XII

Sanction of family pension and residuary gratuity in respect of deceased or missing pensioners or family pensioner

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.

80. Authorisation of payment by Accounts Officer.- (1) On receipt of the sanction under rule 79 regarding the payment of family pension or of residuary gratuity or of both, the Accounts Officer shall authorise the payment of the same within one month from the date of receipt of the sanction:

Provided that if the payment of gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of three months from the date of submission of claim and responsibility shall be fixed for such delayed payment of gratuity, in accordance with rule 65.

Provided further that, in the case of a missing pensioner or family pensioner, the Accounts Officer shall indicate in the Pension Payment Order the date up to which the pension or family pension had been paid to the missing pensioner or family pensioner and specify that the payment of family pension (including the arrears of family pension for the period from the date it has become due, up to the date of commencement of payment of family pension) shall not 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.

(2) The Accounts Officer shall forward a copy of the Pension Payment Order issued under this rule along with the undertaking to the Bank in Format 9 to the Central Pension Accounting Office, within one month of the date of receipt of family pension case from the Head of Office, for issuing a Special Seal of Authority.

(3) The Central Pension Accounting Office shall issue the Special Seal of Authority and forward the same to the Pension Disbursing Authority along with the copy of the Pension Payment Order issued by the Accounts Officer and the undertaking in Format 9 within ten days of the date of receipt of the Pension Payment Order from the Accounts Officer, in accordance with the orders issued by the Controller General of Accounts.

(4) The Pension Disbursing Authority shall take action to disburse the family pension to the family pensioner from the date on which it becomes due, in accordance with the orders issued by the Controller General of Accounts and Central Pension Accounting Office, within fifteen days of the date of receipt of Special Seal of Authority from the Central Pension Accounting Office.

(5)(a) In the case of a Government servant who has died after retirement and in respect of whom forms referred to in rule 57 or rule 58 were not submitted before his death, the Head of Office shall allow the spouse of the deceased Government servant or, in the absence of the spouse, any other member of the family eligible to receive family pension on death of Government servant to submit the claim in Form 10 along with Form 4 and an undertaking to the Bank in Format 9:

Provided that if there is no member of the family eligible to receive family pension on death of Government servant, a member of the family in whose favour a nomination was made by the Government servant for payment of gratuity, shall be allowed to submit Form 6 in place of Form 10 and the said member of the family shall indicate, the details of his or her Bank Account in Form 6.

(b) The Head of Office shall fill up Form 7 for payment of pension and retirement gratuity in respect of the deceased retired Government servant and he shall also make an indication in Form 7 to the effect that the case pertains to a retired Government servant, who did not submit Form 6 and other documents before his death and if a claim for family pension has been submitted in Form 10, the Head of Office shall also issue a sanction in Format 13 for authorisation of family pension to the eligible member of the family.

(c) The Head of Office shall send Form 4, Form 7, Form 10 or Form 6, as the case may be, Format 9 and Format 13 (if applicable) with a forwarding letter in Format 10 to the Accounts Officer for authorisation of pension, retirement gratuity and family pension, if applicable.

(d) The Accounts Officer shall authorise the pension, retirement gratuity and family pension (if applicable) in Part II of the Pension Payment Order and he shall also authorise the Head of Office to make payment of arrears of pension for the period from the date following the date of retirement up to the date of death to the member of the family who is authorised to receive family pension:

Provided that if there is no member of the family eligible to receive family pension, the arrears of pension shall be paid to the member of the family who has been authorised to receive retirement gratuity.

(e) If a family pension has been authorised to a member of the family, the Accounts Officer shall forward a copy of the Pension Payment Order issued under clause (d) along with the undertaking to the Bank in Format 9 to the Central Pension Accounting Office, for issuing a Special Seal of Authority and for disbursement of family pension in accordance with sub-rule (2) to sub-rule (4).

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