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Monday 25 November 2019

Family Pension to the Widowed / Divorced / Unmarried Daughter Clarification Orders G.O.MS.No.152 Dated: 25-11-2019

PENSIONS - Family Pension to the Widowed/Divorced Daughter in Category-II - Restriction of Age Limit of 45 Years - Unmarried Daughter in Category-II - Clarification Orders - Issued.

G.O.MS.No. 152 Dated: 25-11-2019

Read the following:-
  1. G.O.Ms.No.315, Finance (PENSION-I) Department, Dated: 07.10.2010.
  2. G.O.Ms.No.353, Finance (P.S.C.) Department, Dated: 04.12.2010.
  3. Government Memo No.34021/70/ HR.V/2018, Dated: 11.07.2018.
ORDER:
    In the G.O.1st read above Government have issued orders duly amending and substituting the Rule 50 (5) & (12) of A.P. Revised Pension Rules 1980 by categorizing the eligibility of beneficiaries to receive family pension into Category-I & Category-II.
 
         Detailed procedure has been laid down in G.O.2nd read above for effective implementation of the orders issued in the G.O.1st read above.
 
          In the reference 3rd read above, Government have restricted the age limit of 45 years as eligibility of the family pension to the widowed/divorced daughter under Category-II.

        The Principal Accountant General (A&E) has requested to clarify whether the 45 years of age limit to be reckoned (a) On the date of death of pensioner/Family Pensioner under Category-I (b) On the date of application by Widowed/Divorced daughter since the number of family pension cases have been received before the issue of Government Memo No.34021/70/HR-5/2018, Finance (HR-3-Pension-I) Department, dt.11.07.2018 and the cases which are received prior to the date of revised guidelines are to be finalized in exception of above order, vide their letter dated 2018. Further, on the process of implementing the above orders certain ambiguity are arisen by Director of Treasuries and Accounts, Director of State Audit and Pensioner’s association in respect of eligibility of Family Pension under Category - II.

         Government after careful examination, hereby issuing the following procedural guidelines to sanction family pension to the Widowed/Divorced and unmarried Daughter under Category - II as amendment to G.O.Ms.No.315 Finance (Pension-I) Department, dt.7.10.2010 and G.O.Ms.No.231 Finance (Pension-I) Department, dt.8.8.2008.

        (i) In respect of Widowed/ Divorced daughter the point at Category-II (A) under para 7 in G.O.Ms.No.315 Finance (Pension-I) Department, dt.7.10.2010 is amended as follows:


           For   Read
In the case of Unmarried/ In case of family pension to the widowed/ divorced daughter, not covered by Category-I above, upto the date of marriage/ remarriage or till the date she starts earning or up to the date of death  whichever is the earliest, Provided they are wholly dependent
the employee/pensioner.
In case of family pension to the widowed/ divorced daughter, not covered by Category-I above, having no children or with Minor children, is eligible to receive family pension upto the date ofshe starts earning or upto the date of remarriage/ till the date she starts earning / anyone of her children become Major or up to the date of death whichever is
the earliest, provided they are wholly dependent on the employee/pensioner.
Such family pension shall be payable only after the other eligible family members in Category-I have ceased to be eligible to receive family pension and there is no disabled child to receive the family pension. If any person found drawing pension after re-marriage/starts earning is liable for Criminal prosecution.
(i) The restriction of age limit up to 45 years is applicable to the Widowed/ Divorced Daughter under Category-II as on the date of eligibility. The date of eligibility commences on or after the date of ceasing the eligible family pension to the family members in the Category-I.

  (ii) In respect of unmarried Daughter, the point at Category- II (A) under para 7 in G.O.Ms.No.315 Finance (Pension-I) Department, dt.7.10.2010 is amended as follows:


                For                                Read
In the case of Unmarried/ widowed/ divorced daughter, not covered by Category-I above, up to the date of marriage/ remarriage or till the date she starts earning or up to the date of death whichever is the earliest, provided they are wholly dependent on the employee/pensioner.In case of the unmarried daughter beyond the age of 25 years also family pension will be sanctioned subject to no other eligible Family Pensioner under Category-I is available. The said family pension is subject to her marriage or starts earning equal to the minimum family pension as fixed by the Government from time to time. The status of Marriage shall be produced once in 6 months as certified by the Gazetted Officer from the concerned Revenue Department. If any person found drawing pension after marriage/starts earning is liable to Criminal prosecution.

 (iii) If the claimant is a Widowed /Divorced family pensioner with

a.Childless, the Family Pension will be eligible till she starts earning equal to the minimum family pension as fixed by the Government from time to time OR till she gets Re-marriage.
b.Minor Children, the Family Pension will be eligible till the children become Major (attaining the age of 18 years). At no point of time the family pension will be paid to the Minor children of the above pensioner, in case of death of above pensioner before the children become Major i.e, the family pension will be ceased with her death itself.
(iv) Further w.r.t para 9(v) (iii) of G.O.Ms.No.353, Finance (P.S.C.) Department, Dated 04.12.2010, if the claimant is a widowed daughter, the Death Certificate of her husband together with a certificate from the concerned M.R.O., to the effect that the person, specified in the Death Certificate, was not an employee anywhere, not doing pensionable job, have to be furnished along with the Certificate of Family Members issued by the competent authority.
(v) In respect of sanction of Family Pension to the Divorced daughter, eligibility is subject to non receipt of properties/amount as compensation/ Permanent alimony from her ex-spouse/in-laws as certified by the judicial authority shall be furnished.
6. The Pension/Family Pension sanctioning authorities/ Pension authorizing authorities shall follow the following instructions while processing the Widowed/ Divorced and Unmarried Daughter Family Pension under category-II.

  • a. Whether the name of the Widowed/Divorced and unmarried Daughter are mentioned at the time of retirement of the Pensioner/Family pensioner along with age, status of Education/Employment are tally with the Service Register / Pension Papers.
  • b. The applicant shall submit the Aadhar Card, Pan Card and Ration Card of Self and Family member’s certificate as certified by the Judicial authorities.
  • c. The applicant shall submit the status of the children such as Education/Occupation issued by the competent authority and Earning status certificates issued by the Revenue authorities at the time of application for the Widow Family Pension/ Divorced Family Pension.
  • d. Death Certificate of her Husband in case of Widow Daughter and Divorce deed and copy of Divorce orders granted by competent Judicial authority in case of Divorced daughter.
  • e. Family member certificate issued by the competent authority after death of the Pensioner/Family Pensioner as in case of Category-I.
  • f.The eligible applicant should apply within a period of one year from the date of death of Family Pensioner in Category-I.
  • g. Along with the annual digital Life Certificate the status of the children Education/Employment along with updated Aadhar card and Pan Card shall be furnished.
  • h.The Certificate issued by the Revenue Department on the status of remarriage of Widowed/Divorced Family Pensioner and Income Certificate shall be furnished along with the annual digital Life Certificate.
  • i.If any person found drawing pension after marriage/re-marriage/starts earning at later stage is liable to Criminal prosecution will be initiated besides stoppage of Family Pension sanctioned.

7. These clarifications are issued to G.O.Ms.No.315, Finance (Pen.I) Department, dt.07.10.2010 read with the procedural guidelines issued in G.O.Ms No.353, Finance (P.S.C) Department, dt.04.12.2010. The applicability of the above clarification is w.e.f the date of issue of G.O.Ms.No.315, Finance (Pen.I) Department, dt.07.10.2010.
8. All the Treasury Officers/Pension Payment Officers shall follow the above instructions and give periodical report on sanction of the cases, twice in a year to the Finance Department.

Download Family Pension G.O.MS.No. 152
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