Settlement of Family Pension Between Two Wives: Government Issues Guidelines

In a recent Office Memorandum, the Ministry of Personnel, Public Grievances, and Pensions has provided clarity regarding the settlement of family pensions in cases involving two wives of a deceased government servant or pensioner. The Department of Pension and Pensioners’ Welfare has notified the updated Central Civil Services (Pension) Rules, 2021, which supersede the previous rules from 1972. This memorandum addresses the issue of family pension payment to multiple spouses.

Clarifications on Family Pension Rules

The Central Civil Services (Pension) Rules, 2021, specifically Rule 50, detail the hierarchy for payment of family pensions following the death of a government servant or pensioner. The order of eligibility is as follows:

Widow or Widower: Includes post-retirement spouses and judicially separated spouses.
Children: This includes adopted children, stepchildren, and children born after the pensioner’s retirement.
Dependent Parents: Including adoptive parents of the deceased government servant or pensioner.
Dependent Siblings: Brothers or sisters suffering from mental or physical disabilities.

It is explicitly mentioned that the terms ‘widow’ and ‘widower’ are defined as spouses legally wedded to the deceased government servant or pensioner.

Multiple Widows: Equal Share of Pension

In cases where a deceased government servant or pensioner is survived by more than one widow, the family pension will be equally divided among the widows. In the event of the death or disqualification of one of the widows, her share will become payable to her eligible child or children, as specified under sub-rule (9).

Second Marriage and Eligibility

The memorandum also addresses inquiries regarding the eligibility of family pensions for the second wife, particularly when the first wife is still alive. According to the Hindu Marriage Act of 1955, having a second wife while the first wife is still alive is not permissible, and this conflicts with the provisions of the CCS (Pension) Rules, 2021.

To resolve such cases, it has been decided that any issue concerning the legality of a second marriage must first be determined in consultation with the Department of Legal Affairs. The eligibility of the second wife for family pension benefits will be evaluated on a case-by-case basis, adhering to the guidelines provided in the CCS (Pension) Rules, 2021.

Guidelines for Ministries and Departments

The Ministry has directed all government ministries and departments to consult with the Department of Legal Affairs before making any decisions related to family pension settlements involving two wives. It is imperative that such cases be brought to the notice of the officer responsible for pension benefits within the respective ministry or department for proper processing.