Pension Rule No.75: Family Pension Scheme For Railway Servants, 1964

75.  Family Pension Scheme For Railway Servants, 1964:-

(1)   The provisions of this rule shall apply: –

(a)   To a railway servant entering service in a pensionable establishment on or after the 1st January, 1964; and

(b)   To a railway servant who was in service on the 31st December, 1963 and came to be governed by the provisions of the Family Pension Scheme for railway employees, 1964, contained in the Railway Board’s letter No. F (P) 63 PN-1/40 dated the 2nd January 1964 as in force immediately before the commencement of these rules.

Note: The provisions of this rule have also been extended from 22^nd September 1977, to railway servants on pensionable establishments who retired or died before the 31st December, 1963 and also to those who were alive on that date but had opted out of the 1964 Scheme.

(2)   Subject to the provisions of sub-rule (18) and without prejudice to the provisions contained in sub-rule (4), where a railway servant dies,

(a)   After completion of one year of continuous service; or

(b)   Before completion of one year of continuous service, provided the deceased railway servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for railway service; or

(c)   After retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in these rules,

The family of the deceased shall be entitled to family pension (hereinafter in this rule referred to as family pension) under the Family Pension Scheme for Railway Servants, 1964, the amount of which shall be determined at a uniform rate of thirty per cent of basic pay subject to a minimum of three thousand and five hundred rupees per mensem and a maximum of twenty-seven thousand rupees per mensem.

Explanation- The expression One Year Of Continuous Service wherever it occurs in this rule, shall be construed to include less than one year of continuous service, as provided in clause (b).

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.13, 

RBE No. 19/2021, No.2016/F(E)III/1(1)/8, dated 09.03.2021]

(3)   The amount of family pension shall be fixed at monthly rates and expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee;

Provided that in no case a family pension in excess of the maximum specified under this rule shall be allowed.

3(A) In addition to family pension admissible in accordance with sub rules (2), (3) and (4), after completion of eighty years of age and above, additional family pension shall be payable in the following manner

Sl. No.	Age of pensioner	Additional pension
1	From 80 years to less than 85 years	20 % of basic pension
	From 85 years to less than 90 years	30 % of basic pension
	From 90 years to less than 95 years	40 % of basic pension
	From 95 years to less than 100 years	50 % of basic pension
	100 years or more	100 % of basic pension

 [Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(4) (i) (a)   Where a railway servant, who is not governed by the Employees’ Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years’ continuous service, the rate of family pension payable to the family shall be equal to fifty per cent. of the pay last drawn and the amount so admissible shall be payable from the date following the date of death of the railway servant for a period of ten years.

(b)   In the event of death of a railway servant after retirement, the family pension as determined under sub clause (a) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased railway servant would have attained the age of sixty-seven years had he survived, whichever is less:

Provided that in no case the amount of family pension determined under sub-clause (b) shall exceed the pension authorized on retirement from railway service:

Provided further that where the amount of pension authorized on retirement is less than the amount of family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2).

Explanation- For the purpose of this sub-clause, pension authorized on retirement includes the part of the pension which the retired railway servant may have commuted before death.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013, 

RBE No.19/2021, No.2016/F(E)III/1(1)/8, dated 09.03.2021]

(ii) (a)   Where a railway servant, who is governed by the Workmen’s Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years continuous service, the rate of family pension payable to the family shall be equal to fifty percent of the pay last drawn or one and a half times the family pension admissible under sub-rule (2), whichever is less.

(b)   The family pension so determined under sub-clause (a) should be payable for the period mentioned in clause (i):

Provided that where compensation is not payable under the aforesaid Act, the pension sanctioning authority shall send a certificate to the Accounts Officer to the effect that the family of the deceased railway servant shall be paid family pension on the scale, and for the period, mentioned in clause (i).

(iii)   After the expiry of the period referred to in clause (i), the family, in receipt of family pension under that clause or clause (ii) shall be entitled to family pension at the rate admissible under sub-rule (2).

(5)   Where an award under the Railway Services (Extraordinary Pension) Rules, 1993 is admissible, no family pension under this rule shall be authorized during the currency of award.

[Authority: RBE No.97/2013, No.2011/F(E) III/1(1)9, 23.09.2013]

(6)   The period for which family pension is payable shall be as follows:–

(i)    Subject to first proviso, in the case of a widow or widower, up to the date of death or re-marriage, whichever is earlier;

(ii)    Subject to second proviso, in the case of an unmarried son, until he attains the age of twenty-five years or until he gets married or until he starts earning his livelihood, whichever is the earliest;

(iii)   Subject to second and third provisos, in the case of an unmarried or widowed or divorced daughter, until she gets married or remarried or until she starts earning her livelihood, whichever is earlier;

(iv)   Subject to sub-rule (10 A), in the case of parents, who were wholly dependent on the railway servant immediately before the death of the railway servant, for life;

(v)   Subject to sub-rule (10 B) and the fourth proviso, in the case of disabled siblings (i.e. brother and sister) who were dependent on the railway servant immediately before the death of railway servant, for life:

Provided that family pension shall continue to be payable to a childless widow on re-marriage, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon:

Provided further that if the son or daughter of a railway servant is suffering from any disorder or disability of mind including the mentally retarded [Authority: RBE No.100/2000, No.F(E)III/99/PN1 (Modification), 23.05.2000] or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely:-

(a)   If such son or daughter is one among two or more children of the railway servant, the family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the last child attains the age of twenty-five years and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind, including the mentally retarded, [Authority: RBE No.100/2000, No.F(E)III/99/PN1 (Modification), 23.05.2000] or who is physically crippled or disabled and shall be payable to him or her, for life;

(b)   If there are more than one such children suffering from disorder or disability of mind including the mentally retarded [Authority: RBE No.100/2000, No.F(E)III/99/PN1 (Modification), 23.05.2000] or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them shall get the family pension only after the elder next above him or her ceases to be eligible;

Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in clause (iv) of sub-rule (7) of this rule;

(c)   The family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of the physically crippled son or daughter who has attained the age of majority;

(d)   Before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a Medical Board comprising of a Medical Director or a Chief Medical Superintendent or incharge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, out of which at least one shall be a specialist in the particular area of mental or physical disability including mental retardation setting out, as far as possible, the exact mental or physical condition of the child;

(e)   The person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce a certificate, from a Medical Board comprising of a Medical Director or a Chief Medical Superintendent or in-charge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, out of which at least one shall be a specialist in the particular area of mental or physical disability including mental retardation, once, if the disability is permanent and if the disability is temporary, once in every five years to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled;

(f)    In the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the railway servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such railway servant or pensioner during his lifetime, to the person nominated by the spouse of such railway servant or family pensioner, as the case may be, later on [Authority: RBE No.100/2000, No.F(E)III/99/PN1 (Modification), 23.05.2000] and the guardianship certificate issued under section 14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 (44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of person(s) suffering from autism, cerebral palsy, mental retardation and multiple disabilities as specified in the said Act:

Provided that the grant or continuance of family pension to an unmarried or widowed or divorced daughter beyond the age of twenty-five years or until she gets married or re-married or until she starts earning her livelihood, whichever is the earliest, shall be subject to the following conditions, namely:-

(a) The family pension shall be initially payable to the minor children (mentioned in clause (ii) or clause (iii) of this sub-rule) in the order set out in clause (iii) of sub-rule (8) of this rule until the last minor child attains the age of twenty-five years; and

(b)   There is no disabled child eligible to receive family pension in accordance with the second proviso of this sub-rule:

Provided that such disabled siblings shall be eligible for family pension for life in the same manner and following the same disability criteria, as laid down in this rule in the case of son or daughter of the railway employees or pensioners suffering from any disorder or disability of mind (including mentally retarded) [Authority: RBE No.100/2000, No.F(E)III/99/PN1 (Modification), 23.05.2000] or physically crippled or disabled, so as to render him or her unable to earn a living even after attaining the age of twenty-five years.

Explanation 1: An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter become ineligible for family pension under this sub-rule from the date he or she gets married or remarried.

Explanation 2: The family pension payable to such a son or a daughter or parents or siblings shall be stopped if he or she or they start earning his or her or their livelihood.

Explanation 3: It shall be the duty of son or daughter or siblings or the guardian to furnish a certificate to the Treasury or Bank, as the case may be, once in a year that, (i) he or she has not started earning his or her livelihood, and (ii) he or she has not yet married or remarried and a similar certificate shall be furnished by a childless widow after her re-marriage or by the disabled son or daughter or parents to the Treasury or Bank, as the case may be, once in a year that she or he or they have not started earning her or his or their livelihood.

Explanation 4: For the purpose of this sub-rule, a member of the family shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

Explanation 5: Parent shall be deemed to be dependent on the railway servant if their combined income is less than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

Explanation 6: Disabled sibling shall be deemed to be dependent on the railway servant if their income is less than the minimum family pension admissible under sub-rule (2) of this rule and dearness relief thereon.

Explanation 7: Family pension payable to a childless widow shall be stopped if, after re-marriage, her income from all other sources becomes equal to or exceeds the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(7)   (i)  (a)   Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares.

(b)   On the death of a widow, her share of the family pension, shall become payable to her eligible child:

Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal share, or if there is only one such other widow, in full, to her.

(ii)    Where the deceased railway servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the railway servant or pensioner;

Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares not lapse but shall be payable to the other widow or widows or the other child or children otherwise eligible in equal shares, or if there is only one widow or child, in full, to such widow or child.

(iii)     Where the deceased railway servant or pensioner is survived by widow but has left behind child or children from a divorced wife or wives, such child or children if they satisfy other conditions of the eligibility for payment of family pension shall be entitled to the share of family pension which the mother would have received at the time of death of the railway servant or pensioner had she not been so divorced;

Provided on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse but shall be payable to the other widow or widows or to the child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.

(iv)     Where the family pension is payable to twin children, it shall be paid to such children in equal shares;

Provided that when one such child ceases to be eligible, his or her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single or twin children as the case may be.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(8)    (i)   Except as provided in clause (d) of sub-rule (6) and clause (I) of sub- rule (7), the family pension shall not be payable to more than one member of the family at the same time.

(ii)    If a deceased railway servant or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child.

(iii)   Family pension to the children shall be payable in the order of their birth and the younger of them will not be eligible for family pension unless the elder next above to him has become ineligible for the grant of family pension:

Provided that where the family pension is payable to twin children, it shall be paid in the manner set out in clause (iv) of sub-rule (7).

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

 (9) Where a deceased railway servant or pensioner leaves behind more children than one, the eldest child shall be entitled to the family pension for the period mentioned in clause (b) or clause (c) of sub-rule (6), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.

(10) Where family pension is granted under this rule to minor, it shall be payable to the guardian on behalf of the minor.

(10/A) (i)  The family pension to the parents shall be payable if the parents were wholly dependent on the railway servant immediately before his or her death and the deceased railway servant is not survived by a widow or an eligible child.

(ii)    The family pension, wherever admissible to parents, shall be payable to the mother of the deceased railway servant failing which to the father of the deceased railway servant.

(10/B) The family pension to the dependent disabled siblings shall be payable if the siblings were wholly dependent upon the railway servant immediately before his or her death and deceased railway servant is not survived by a widow or an eligible child or eligible parents.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

 (11) In case both wife and husband are railway or Government servants and are governed by the provisions of this rule or corresponding provisions of the Central Civil Services (Pensions) Rule, 1972, and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely;

(a) (i)    If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (4), the amount of both the pensions shall be limited to forty five thousand rupees per mensem;

(ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (4), and in lieu thereof the pension at the rate mentioned in sub-rule (2), becomes payable, the amount of both the pensions shall also be limited to forty five thousand rupees per mensem;

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(b)   If both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to twenty seven thousand rupees per mensem.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(12) Where a female railway servant or a male railway servant dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving;

Provided that where in a case the judicial separation is granted on the ground on the adultery and the death of the railway servant takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving, if such person surviving was held guilty of committing adultery.

(13) (i)     Where a female railway servant or male railway servant dies leaving behind a judicially separated husband or widow with a child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.

(ii)    Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.

(14) (i)     If a person, who in the event of death of a railway servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the railway servant of for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him.

(ii)    If on the conclusion of the criminal proceedings referred to in clause (i), the person concerned:-

(a)   Is convicted for the murder of or abetting in the murder of the railway servant, such a person shall be debarred from receiving the family pension which shall be payable to other eligible member of the family, from the date of death of the railway servant;

(b)   Is acquitted of the charge of murder of or abetting in the murder of the railway servant, the family pension shall be payable to such a person from the date of death of the railway servant.

(iii)   The provisions of clause (i) and (ii) shall also apply for the family pension becoming payable on the death of a railway servant after his retirement.

[Forward reference: No.D-43/43/2020-F(E)III, dated 16.07.2021 (RBE No. 48/2021)]

(15) (i)     As soon as a railway servant enters railway service, he shall furnish details of his family in Form 6 to the Head of Office and if the railway servant has no family, he shall furnish the details in Form 6 as soon as he acquires a family.

(ii)    It shall be the duty of the railway servant to communicate forthwith to the Head of Office any subsequent change in the size of his family including the fact of marriage of his or her child.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

 (ii/A) As and when the disability referred to in the proviso to sub-rule (6) manifests itself in a child which makes him/her unable to earn his/her living, the fact shall be brought to the notice of the Head of Office duly supported by a Medical Certificate from a Medical Board. After receipt of Medical Certificate, the Head of Office may indicate in Form 6 as to whether disability is permanent or temporary. As and when the claim for family pension arises, the legal guardian of the child shall make an application supported by a fresh Medical Certificate from a Medical Board that the child is still suffering from the disability.

[Authority: RBE No. 157/2008, No.F(E)III/2008/PN1/10, 22.10.2008]

(iii)   (a)   In the case of a non-gazetted railway servant the Head of Office shall keep the form 6 in safe custody and make necessary additions and alterations in the form on the basis of subsequent information furnished by the railway servant and all the communications which a railway servant may address to the Head of Office in this behalf, shall be acknowledged by the Head of Office.

(b)   In the case of a gazetted railway servant, the Head of Office shall pass on the details of family members as also any additions and, alterations thereto, to the Accounts Officer for keeping the same in safe custody. It shall be the duty of the Accounts Officer to keep these particulars upto date and to acknowledge the receipt of these communications.

Explanation– For the purposes of this sub-rule and sub-rule (6), Medical Board means a Medical Board consisting of a Medical Director or a Chief Medical Superintendent or In-charge of a Zonal Hospital or Division or his nominee as Chairperson and two other members, one of them at least shall be Specialist in the particular area of mental or physical disability.

[Authority: RBE No. 157/2008, No.F(E)III/2008/PN 1/10, 22.10.2008]

(16) The ad-hoc increase in pension sanctioned in the Ministry of Railways’ letter No. F(P)63 PNI 32 dated the 21st October, 1963, as amended from time to time, shall not be payable to the family in receipt of family pension under this rule.

(17)  Omitted

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(18)    Omitted

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(19) For the purpose of this rule –

(a) Continuous service means service rendered in temporary or permanent capacity in a pensionable establishment and does not include –

(i)    Period of suspension, if any, and

(ii)    Period of service, if any, rendered before attaining the age of eighteen years;

(b)   Family, in relation to railway servant, means –

(i) Wife in the case of a male railway servant or husband in the case of a female railway servant;

(ii) A judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(iii) Un-married son who has not attained the age of twenty-five years and unmarried or widowed or divorced daughter, including such son and daughter adopted legally;

(iv) Dependent parents;

(v) Dependent disabled siblings (i.e. brother or sister) of a railway servants

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(c)   Pay means;

(i) the emoluments as specified in clause (a) of rule 49, or

(ii) the average emoluments as referred to in rule 50 if the emoluments of the deceased railway servant has been reduced during the last ten months of his service otherwise than as penalty;

Provided that the element of dearness allowances, which has been treated as dearness pay under the Railway Board’s letter No. PC III/79/DP/1 dated the 11th June, 1979, shall not be treated as pay for the purpose of this rule.

(20) Nothing contained in this rule shall apply to:-

(a)   A re-employed railway servant who had retired before the 1st January, 1964, from –

(i) railway service on retiring pension, or superannuation pension, or

(ii) military service on retiring pension, service pension or invalid pension, and who on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed;

(b)   A military pensioner who retired from military service on or after the 1st January, 1964 and who on the date of re-employment in a railway service or a post had attained the age of superannuation applicable to the post in which he is re-employed;

(c)   Omitted.

[Authority: RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]

(21)  Dearness relief on pension or family pension –

(i)    Relief may be granted to the pensioners and family pensioners in the form of dearness relief at such rates and conditions as the Government may specify from time to time.

(ii)    If a pensioner is re-employed under the Central or a State Government or a Corporation, Company, Body or Bank, he shall not be eligible to draw dearness relief on pension or family pension during the period of such re-employment.

(iii)   Omitted

[Authority: RBE No.15/2005, No.F(E)III/2003/PN1/25, 20.01.2005]