Pension Rule No.100: Sanction Of Family Pension And Residuary Gratuity On The Death Of A Pensioner Or Family Pensioner

100. Sanction Of Family Pension And Residuary Gratuity On The Death Of A Pensioner Or Family Pensioner:-

(1)   Where the Head of Office has received an intimation regarding the death of a pensioner or death or ineligibility of a family pensioner, he shall ascertain whether any pension or residuary gratuity or both in respect of the deceased pensioner and any family pension in respect of the family pensioner are payable and proceed as hereinafter provided.

(2)(a)(i) If the deceased pensioner is survived by a widow or widower who is eligible for the grant of family pension under rule 75, the amount of family pension as indicated in the Pension Payment Order shall become payable to the widow or widower, as the case may be, from the day following the date of death of the pensioner.

(ii) The Pension Disbursing Authority shall, on receipt of a claim in Form 10 from the widow or widower, authorize the payment of family pension to the widow or widower, as the case may be:

Provided that no claim in Form 10 shall be required if the widow or widower was holding a joint account with the pensioner in which pension was being credited.

(iii) The Pension Disbursing Authority shall authorize payment of family pension to the widow or widower, who is not required to submit Form 10, on receipt of information in writing of the death of the pensioner:

Provided that such widow or widower shall submit a copy of death certificate to the Pension Disbursing Authority and an undertaking to the effect that any amount to which he or she is not entitled to or any amount which may be credited to his or her account in excess of the amount to which he or she is entitled would be refunded or made good.

(iv) Subject to the provisions of clause (b), if the deceased pensioner is survived by a permanently disabled child or children or dependent parents or disabled siblings whose names have been included in the Pension Payment Order as family pensioners under clause (d) of sub-rule (1) of rule 85, the Pension Disbursing Authority shall, on receipt of a claim in Form 10, authorize payment of family pension to the member of family who is eligible to receive family pension in accordance with the provisions of rule 75.

(v) Where the deceased pensioner is survived by spouse and permanently disabled children or dependent parents or disabled siblings, whose names had not been included in the Pension Payment Order previously, the Accounts Officer shall include their names in the Pension Payment Order on receipt of a written communication from the Head of Office.

(vi) The Pension Disbursing Authority shall, on death or ineligibility of the family pensioner and on receipt of a claim in Form 10, authorize payment of family pension to a permanently disabled child or dependent parent or disabled sibling whose name has been included in the Pension Payment Order as family pensioner and who is eligible to receive family pension in accordance with the provisions of rule 75.

(b)(i) Where the Pension Payment Order does not include name of any member of the family or where the Head of Office is of the opinion that in accordance with the provisions of rule 75, the family pension in respect of the deceased pensioner or family pensioner has become payable to a member of the family other than those whose names have been included in the Pension Payment Order under sub-rule (1) of rule 85 or sub-clause (i) or sub-clause (iv) of clause (a), including a person who became member of the family of the pensioner after the retirement, he shall, on receipt of a claim in Form 10, sanction the family pension in Form 18 or Form 19, as the case may be, to such member of family to whom family pension has become payable.

(ii) If family pension is sanctioned under sub-clause (i), the Head of Office shall include the names of any permanently disabled child or children and dependent parents and disabled siblings as family pensioners if there is no other member of the family to whom family pension may become payable before such disabled child or children or dependent parents or disabled siblings.

(3) (i) Where a widow or widower in receipt of family pension remarries and has, at the time of remarriage, child or children from the deceased railway servant or pensioner who is or are eligible for family pension, the remarried individual shall be eligible to draw the family pension on behalf of such child or children if such individual continues to be the guardian of such child or children.

(ii) For the purposes of clause (i), the remarried individuals shall apply to the Head of Office in Form 10, along with a declaration that the applicant continues to be the guardian of such child or children.

(iii) If the remarried individual has, for any reason, ceased to be the guardian of such child or children, the family pension shall become payable to the person entitled to act as guardian of such child or children under any law for the time being in force and such person may submit a claim in Form 10 to the Head of Office for the payment of family pension.

(4)   If the person eligible for family pension is a minor or is suffering from any disorder or disability of mind or is mentally retarded, the guardian may submit a claim in Form 10 on behalf of such person.

(5)   Where on the death of a retired railway servant a residuary gratuity becomes payable to the family of the deceased under sub-rule (2) of rule 70, the Head of Office shall sanction its payment on receipt of a claim or claims in Form 20 from the person or persons eligible to receive the residuary gratuity.

[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]