Government
of India, Ministry of Personnel, Public Grievances and Pensions, Department of
Pension and Pensioner’s Welfare through its Office Memorandum No.
1/19/96-P&PW(E) dt.19/7/2002 allowed family pension under the EPF Scheme
1995 and the FPS 1971 in addition to the Family Pension under Rule 54 of the
CCS (Pension) Rules 1972. This benefit is available from 27.7.2001. It means
that all the widows of the re-employed ex-servicemen, whose husbands were
drawing two separate pensions and died before 27.7.2001 and after 27.7.2001 are
now eligible for two family pensions. In some cases, the re-employers such as the
Nationalized Banks, PSUs like the Indian Oil Corporation, Bharat Petroleum
Corporation, etc., who are having EPF scheme 1995 released the family pension
to the widow immediately. After accepting this EPF scheme 1995 pension. But, still it appears that some banks are not implementing the same. Here is an example.
Dear sir,
I’m
Dharmalingam from Coimbatore ,Tamilnadu. My brother-in-law(late) Sgt.K.Sundararaj
is an Ex-service man worked as Radio Technician in Air force. His enrolment in
IAF on 01.10.1972 and discharged on 01.11.1987 (15 years service –Fulfilling
the conditions of Enrolment)His date of birth 20.04.1953.Then he joined with
the INDIAN OVERSEAS BANK on 1990 and expired on 29.11.2010 as Asst.Manager on
IOB. He has a wife (my sister aged 50) and only a daughter aged 16 years
studing 12th standard. Now my
sister is receiving Defence Family pension from December 2010 (Rs.5657.00
Including DA &FMA). From the (IOB)bank side she receives a letter as
stated below:
Dear Madam,
We refer to
your family pension application and advice as follows.
The
deceased pensioner was an ex service man and had declared that he had been
drawing from Defence also. As per IBAs guide lines his family is eligible for
family Pension either from Bank or from Defence. If you opts
for family pension from Bank you are requested to submit a Certificate from
Defence Record office stating that family pension will not be sanctioned to the family of deceased pensioner from
their side. Alternatively if you opt sanctioned of family pension from bank
,we will inform The respective Defence Record Office that we have
sanctioned family pension to the family of Deceased pensioner/EX service men
for their necessary action under Sub rule13-B of rule 54 CCS(Pension)Rules. For enabling you take a decision we advise
here under the amount family Pension you are eligible from Bank.
Enhanced Bank family pension of Rs.7470+variable DA currently (49.90%) from
30.11.2010 to 29.11.2017 Ordinary family
pension of Rs.3375 plus variable DA from 30.11.2017 In case you
opts for the family pension from Defence, on receipt of the Option letter
from you to this effect we will issue NOC to enable you claim family Pension
from Defence. We will proceed further on receipt of your reply/option
letter for family Pension from yourselves
And
they asks a letter from her as ;
Dear
Sir,
I refer my family pension application and wish to opt family pension from
Indian
Overseas
Bank only. Further I state that I have no objection on informing your sanction
of
Family
pension to respective defence pension record office.
Kindly guide me in this matter.
Regards,
P.Dharmalingam
Mobile: 09366623008
Email: licdharmu@gmail.com
Dear Dharmalingam,
Your sister is entitled for second pension from IOB as per the following OM issued by the DOPT. Please take a print of the same and apply to the bank. The bank has written a letter to you basing on the IBA Circular No. PD/CIR/76/G2/1218 Dt. 30-10-1999 but the DOPT OM issued on 19.7.2002 effecting two pensions w.e.f. 27.7.2001.
All Ex-Servicemen are requested to circulate this OM and help the Widows of Defence personnel.
No.
1/19/96-P&PW(E)
Government of
India
Ministry of
Personnel, Public Grievances, and Pensions
Department of
Pension and Pensioner’s Welfare
3rd
Floor, Lok Nayak Bhavan
Khan Market,
New Delhi – 110003
Dated 19th
July, 2002
OFFICE
MEMORANDUM
Subject: Grant of Family Pension under the Employees
Pension Scheme, 1995 and the Family Pension Scheme, 1971 in addition to Family
Pension under Rule 54 of the CCS (Pension) Rules, 1972.
The undersigned is directed to refer to this Department’s Notification No.
1/19/96-P&PW (E), dated the 27th July, 2001 published in the
Gazette of India (Extraordinary) dated the 27th July, 2001, by which
sub-rule (13-B) of Rule 54 of the Central Civil Services (Pension) Rules, 1972
was amended by insertion of the following proviso after the first proviso;
“Provided further that family pension, admissible under the Employees
Pension Scheme, 1995 and the Family Pension Scheme, 1971, shall however, be
allowed in addition to the family pension admissible under these rules.”
2. The said
amendment has come into force from the date of publication of the said
notification i.e., the 27th July, 2001. Clarification has,
however, been sought by some Ministries/ Departments as to (i) whether the said
Notification is applicable only in respect of those persons who retired on or
after 27.7.2001; (ii) whether the Notification would also apply in cases of
family pensions which arose prior to 27.7.2001, i.e. where retirement/ death of
a re-employed pensioner occurred before 27.7.2001; and (iii) in the event of
the benefit being admissible in cases where retirement/ death of a re-employed
pensioner occurred before 27.7.2001, whether the benefit is to be given w.e.f.
27.7.2001 only, i.e., the date from which the said Notification came into
force.
3. It is clarified
that the benefit of family pension under Family Pension Scheme, 1971 Employees
Pension Scheme, 1995, in addition to the Family Pension under Rule 54 of the
Central Civil Services (Pension) Rules, 1972, will be admissible in those cases
also where retirement/ death of a re-employed Pensioner, who was covered by the
Family Pension Scheme, 1971 or the Employees Pension Scheme, 1995, took place
prior to 27.7.2001, besides covering those cases where retirement/ death of
such a re-employed pensioner took place on or after 27.7.2001. The
benefit of second family pension in cases of retirement/ death prior to
27.7.2001 of the re-employed pensioner covered by the Family Pension Scheme,
1971 or Employees Pension Scheme, 1995, will, however, be admissible only w.e.f.
27.7.2001, i.e., the date from which the said Notification came into force.
Sd/-
(Sujit Datta)
Director
To
All Ministries/ Departments of the Government of India