Family Pension Rules of Federal / Punjab Governments

This special subject regarding Family Pension Rules of Federal / Punjab Governments has been delivered by Mr. Amir Agha, a well known consultant of the pension matters. Let’s see the detail of this article:

 

  1. The discussion of family pension and attached comparative table are based on information available in (i) Compendium of Pension Rules and Orders with Notifications 2014 Edition by Ideal Publishers, Karachi, and (ii) Punjab Civil Services Pension Rules Compendium 2008 as downloaded from internet. In case of there being any conflict between (a) information so obtained, and (b) actual government rules / order, the latter will naturally have to be complied with.

 

  1. This paper is in response to a distress call from a grade 8 female employee of Punjab government from Gujranwala. She explained that she was the unmarried daughter of a deceased pensioner, and was therefore drawing family pension.  However, pension authorities in Gujranwala and even Finance Department in Lahore were of the view that being an earning lady, she was not entitled to receive family pension of her deceased parent.  According to her she facing even threat of a criminal case of fraudulently receiving inadmissible pension amount unless she refunds the entire amount (over Rs.300,000) of gratuity / commuted value and drawn pension etc.

 

  1. ‘Family’ is of 2 categories A and B (details in paras 3 and 5 of attached table):

 

  • Spouses and descendants [Widow/s, Husband, Children and Widows of deceased Sons].
  • Parents and siblings [Father, Mother, Brothers and Sisters]

 

  1. Spouse and descendants (if otherwise eligible to receive family pension) falling in category A are entitled to receive family pension irrespective of their income, employment and wealth level.

 

  1. Federal government pension rules do prescribe that “no family pension is payable” to a family member of category B “without production of reasonable proof that such person was dependent on the deceased Government servant for support”. It is not clear if this is required under Punjab pension rules too.  However, it does NOT apply to family members of category A.

 

  1. A person of category A entitled to family pension of Rs.100 would receive Rs.100 and not a single rupee extra even if that person is otherwise a penniless pauper with no other come. On the same analogy, that person, even if a billionaire, and with 7 figures regular income, has the vested right to receive family pension of Rs.100, without curtailment from it of a single rupee.

 

  1. This paper is presently in English language. I intend to re-write it in Urdu too for the benefit of persons not good at English.  However, I would request all readers to kindly give their considered comments direct to me on my email addresses, or even talk to me over my phone.  Shall be further grateful if any errors in the paper are pointed out for correction.

 

Agha Amir Ahmad

13 March 2015

 

amir_agha@hotmail.com

amiragha3080@yaho.com

0300-9800246, and 0320-8557108

 

1 The term ‘Family’ stands defined in Rule 4.10 (1) of Punjab Civil Services Pension Rules under the caption“C – FAMILY PENSION” It stands defined in Para 5 (1) of Annexure to Pension-cum-Gratuity Scheme 1954 under the caption“SECTION II – FAMILY PENSION
2 Rule 4.10 (1) prescribes that ‘Family for the purpose of payment of family pension shall be as defined in sub-rule (1) of rule 4.7. It shall also include the Government Servant's relatives mentioned in clause (d) of rule 4.8.’ Para 5 (1) of Annexure prescribesthat ‘Family for the purpose offamily pension shall be as defined

in Para 2 (1) of the Annexure.

It also includes the Government

Servant’s relatives mentioned in

Para 3 (2) of the Annexure.

3 According to Sub-rule 4.7 (1), the term “family” includes relatives listed below of the Government servant-(a)  Wife or wives, in the case of a male Government servant;

 

(b)  Husband in the case of a female Government servant;

 

(c)  Children of the Government servant;

 

(d)  Widow or widows and children of a deceased son of the Government servant

 

Note-(i) A child means a legitimate child or an “adopted child” if under the personal law of the Government servant concerned adoption  is  legally  recognized  as  conferring  the  status  of  a natural child.

 

Note-(ii) If it is proved that the wife has been judicially separated from   the   Government   servant   or   has   ceased   under   the customary law of the community to which she belongs to be entitled to maintenance, she will no longer be deemed to be a member of the family unless the Government servant has himself intimated in writing to the Accounts Officer / Head of the Office that she will continue to be so regarded.

 

 

Note-(iii) In the case of female Government servant, if the wife intimates in writing to the Accounts Officer / Head of the Office that her husband should not be included as a member of the family, then he will no longer be considered a member of the family unless subsequently she cancels in writing her intimation excluding him.

 

According to Para 2 (1), the term“family” includes the relativeslisted below of the Government

servant-

 

(a)  Wife or wives, in the case of

a male Government servant;

 

(b)  Husband in the case of a female Government servant;

 

(c)  Children of the Government

servant;

 

(d)  Widow or widows and children

of a deceased son of the Government

servant

 

Note-(i) A child means a legitimate child or an “adopted child” if under the personal law of the Government servant concerned adoption  is  legally  recognized  as  conferring  the  status  of  a natural child.

 

Note-(ii) If it is proved that the wife has been judicially separated from   the   Government   servant    or   has   ceased    under    the customary law of the community to which she belongs to be entitled to maintenance, she will no longer be deemed to be a member of the family unless the Government servant has himself intimated in writing to the Accounts Officer / Head of the Office that she will continue to be so regarded.

 

 

Note-(iii) In the case of female Government servant, if  the wife intimates in writing to the Accounts Officer / Head of the Office that her husband should not be included as a member of the family, then he will no longer be considered a member of the family unless subsequently she cancels in writing her intimation excluding him.

4 According to Rule 4.10 (2) (A), the family  pension  shall be allowed as under:(i)   (a) To the widow of the deceased, if the deceased is a male Government servant, or to the husband, if the deceased is a female Government servant.

 

(b)     If the Government servant had more than one wife, and the number of his surviving widows and children does not exceed 4, the pension shall be divided equally among the surviving   widows   and   eligible   children.   If   the number of surviving widows and children together is more than 4, the pension shall be divided in the following manner, viz. each surviving widow shall get 1/4th of the pension and the balance (if any) shall  be  divided  equally  among  the  surviving eligible children. Distribution in the above manner shall also take place whenever the Government servant leaves behind surviving children of a wife that has predeceased him in addition to the widow and her children, if any.

 

(c)   In the case of a female Government servant leaving behind children from a former marriage in addition to her husband and children by her surviving husband, the amount of pension shall be divided equally among the husband and all eligible children. In case the total number of beneficiaries exceeds four, the husband shall be allowed 1/4th of the pension and the remaining amount distributed equally among the eligible children.

 

 

(ii)     Failing a widow or husband, as the case may be, the pension shall be divided equal among the surviving sons not above 24 years and unmarried daughters.

 

(iii)    Failing (i) and (ii), to the eldest widowed daughter.

 

(iv)    Failing (i) to (iii), to the eldest widow of a deceased son of the Government servant.

 

(v)    Failing (i) to (iv), to the eldest surviving son of a deceased son of the Government servant.

 

(vi)    Failing (i) to (v), to the eldest unmarried daughter of a deceased son of the Government servant.

 

(vii)   Failing these, to the eldest widowed daughter of a deceased son of the Government servant.

 

According to Para 5.2 (a), family  pension  shall be allowed as under: 

 

 

 

 

 

 

 

(i) To the widow of the deceased, if the deceased is a male Government servant, or to the husband, if the deceased is a female Government servant.  If the Government servant had more than one wife, and the number of his surviving widows and children does not exceed 4, the pension shall be divided equally among the surviving   widows   and   eligible   children.   If   the number of surviving widows and children together is more than 4, the pension shall be divided in the following manner, viz. each surviving widow shall get 1/4th of the pension and the balance (if any) shall  be  divided  equally  among  the  surviving eligible children.  For the purpose, the term “children” excludes sons above the age of 18 years and married daughters.

 

 

 

 

 

 

(ii)     Failing a widow or husband, as the case may be, to the eldest surviving son.

 

 

 

(iii)    Failing (i) and (ii), to the eldest unmarried daughter; if the eldest daughter marries or dies, then the next eldest.

 

(iv)    Failing (i) to (iii), to the eldest widowed daughter.

 

 

(v)    Failing (i) to (iv), to the eldest widow of a deceased son of the Government servant.

 

(vi)    Failing (i) to (v), to the eldest surviving son of the Government servant.

 

(vii)   Failing (i) to (vi), to the eldest unmarried daughter of a deceased son of the Government servant;

 

(viii) Failing these, to the eldest widowed daughter of a deceased son of the Government servant.

 

 

According to Rule 4.8(d), relatives listed below would be eligible for family pension, if the deceased leaves no family member listed in Rule 4.7 (1)

 

1)      brothers below the age of 21 years;

 

2)      un-married and widowed sisters;

 

3)      father; and

 

4)      mother

 

 

According to Para 3 (2) , relatives listed below would be eligible for family pension, if the deceased leaves no family member listed in Para 2 (1)

 

5)      brothers below the age of 21 years;

 

6)      un-married and widowed sisters;

 

7)      father; and

 

4) mother

5 According to Rule 4.10 (2) (B), if the family pension is not payable under Rule 4.10 (2) (A), it may be granted:(i)    to the father; 

(ii)  failing the father, to the mother;

 

(iii)  failing the father and the mother, to the eldest surviving brother below the age of 21 years;

 

(iv)  failing (i) to (iii), to the eldest surviving unmarried sister, if the eldest sister marries or dies then the next eldest;

 

(v)  failing (i) to (iv) to the eldest surviving widowed sister.

 

According to Para 5.2. (b), if the family pension is not payable under Para 5.2. (a), it may be allowed:(i)    to the father; 

(ii)  failing the father, to the mother;

 

(iii)  failing the father and the mother, to the eldest surviving brother below the age of 21 years;

 

(iv)  failing (i) to (iii), to the eldest surviving unmarried sister, if the eldest sister marries or dies then the next eldest;

 

(v)  failing (i) to (iv) to the eldest surviving widowed sister.

 

6 According to Para 2 (3)  no family pension is payable under this section - 

 

 

 

 

 

(a) to an unmarried female member of a Government servant's family in the event of her marriage;

 

(b) to a widowed female member of a Government servant's family in the event of her re-marriage;

 

(c)   to the  brother   of   a   Government servant on his attaining the age of 21 years.

 

(d)   to a person who is not member of a Government servant's family.

 

 

According to Para 5 (3)  no family pension is payable under this section –(a) to a person mentioned in Para 5 (2) (b) above, without production of reasonable proof that such person was dependent on the deceased Government servant for support

(b) to an unmarried female member of the Government servant's family in the event of her marriage;

 

(c) to a widowed female member of a Government servant's family in the event of her re-marriage;

 

(d)   to the  brother   of   a   Government servant on his attaining the age of 18 years.

 

(e)   to a person who is not member of a Government servant's family.

 

 

 

Family Pension Rulings

 

 

Summary
Article Name
Family Pension Rules of Federal / Punjab Governments
Description
This special subject regarding Family Pension Rules of Federal / Punjab Governments has been delivered by Mr. Amir Agha, a well known consultant of the pension matters
Author

17 Comments

  1. M.Nauman Ur Rehman. says:

    Dear Shumaila. My father in law was a pensioner. My Mother in Law is a teacheres. After the death of her husband she is now receiving family pension of her deceased husband. Whereas she herself is in service. Is she entitled for family pension of her husband ?
    M.Nauman Ur Rehman.

  2. Bashir Ahmad says:

    There is a decision of the Supreme court of Pakistan that commuted amount of pension should be restored with periodical increases on attaining the age of 75 years who retired before 1/12/2001 and attaining the age of 72 years who retired on or after 1/12/2001 but this ruling is not being accepted by the punjab education accounts offices on the plea that supreme court decision is applicable to federal govt employees only.Pl clarify if possible.thanks

  3. Irshad ahmad says:

    I am afedral gov pensioner.my wife died.my allthe three sons are above 21. Will my adopted unmarried or divorce daughter be eligible to recieve family pension after my death.
    LL

  4. zahid sahib says:

    if you have knowledge kindly let me know that my father and mother were retired and deceased .kia mujhe dono ki family pension mile ge ya eik ki

  5. omar says:

    Please inform about the scenario where the widow of government servant was drawing family pension of her late husband and also her own pension after retirement. Now when she dies shall the widow/divorced daughter of these two be eligible to receive both their pensions or pension of only one of her parents.
    Regards.

  6. Fawwad says:

    Dear Shumaila, actually i need the soft/scanned copy of Pension Rules 1977 if you have please share with me urgently.

    if you have any amended version of its do let me know also.

    I need clarification on the calculation and how much pension amount can be given to employee, and how much percentage can be retain by employer or government.

    i need your quick response please.

    Regards,

    Fawwad Ahmed Khan

  7. Farman says:

    Kindly let me know whether current charge is countable for the purpose of pension. If so, please describe.

  8. usman says:

    IS FEDERAL GOVERNMENT MAKE IN AMENDMENT IN FAMILY PENSION RULE LIKE PUNJAB GOVERNMENT ?

  9. M. Rizwan Shah says:

    my uncle died during service in 1980 and my aunt get special pension since 1980 is special pension is 75% or from 2010 the family pension is 75%

  10. Nouman Javed says:

    Assalam O Alalikum, i want book of financial power book, pension rules book, E&D rules 1978 and SOP of Federal Departments.. kindly cooperate. i am from WAPDA . kindly email if you can

  11. bilal says:

    sir mery father ki in service death hoi he grade 16 me un ky leye pension rule kya hen.

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