Central govt women employees fighting divorce or domestic violence can nominate child for family pension

New Delhi: A woman central government employee or pensioner fighting a domestic violence case or involved in divorce proceedings can now nominate her child for family pension instead of her husband.

The Ministry of Personnel, Public Grievances and Pensions have issued a notification allowing women employees to do so after amending the CCS (Pension) Rules, 2021.

This amendment, which is enforced after inter-ministerial consultations, is “progressive in nature and would empower women employees and pensioners significantly”, an official statement said.

The decision came after the Department of Pension and Pensioners' Welfare received references from Ministries and Departments, seeking advice as to whether a woman employee or a pensioner can be allowed to nominate her child for family pension in place of her spouse in the event of filing of divorce proceedings or filing of a cases of domestic violence.

At present, if a deceased government servant or pensioner is survived by a spouse, family pension is first granted to the spouse. Children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased government servant or pensioner becomes ineligible for family pension or dies.

According to the new provisions, a woman employee or pensioner whose divorce proceedings are pending or a case has been filed against the husband under Protection of Women from Domestic Violence Act or Dowry Prohibition Act or under IPC, such women can request for grant of family pension after her death to her eligible child, in precedence to her husband.

However, the rules said, if a deceased woman employee or pensioner is survived by a widower and no child is eligible for family pension on the date of death of the woman, family pension should be payable to the widower.

If the woman employee or pensioner is survived by a widower with a minor child or a child suffering from disorder or disability of mind, the family pension should be payable to the widower, provided he is the guardian of such child/children.

If the widower ceases to be the guardian of such child, family pension should be payable to the child through the person who is the actual guardian of such child. Where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become payable to such child from the date on which he/she attains the age of majority.

"Where the deceased female Government servant/female pensioner is survived by a widower with a child/children who has/have attained the age of majority but is or are eligible for family pension, the family pension shall be payable to such child/children," the rules said.

"After all the children cease to be eligible for family pension, family pension shall become payable to the widower till his death or remarriage, whichever is earlier," it added.