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KSRs Part III, Chap.V, Section VII, R.90; Contributory Family Pension PDF Print E-mail
Friday, 29 February 2008 19:03

CHAPTER   V


SECTION VII – R.90; Contributory family pension

(90 (1) to 90 (9A)

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Rule              Remarks    

90 

The provisions in sub-rules 1 to 13 shall govern the grant of Family Pension under the Liberalised Family Pension Scheme hereinafter termed as “Contributory Family Pension”.

 

90 (1) 

The Contributory Family Pension scheme introduced with effect from the 1st April 1964 is applicable to all regular employees on pensionable establishments under the Government governed by the Kerala Service Rules. 

 
 

(a)   

Who were in service on 1st April 1964 and had not opted out of it.  
 

* Note

All employees of the State Government who were on or after the 30th September 1977 or who retired from service or after the date shall be entitled to the benefit of liberalised  family pension.

* Insertion

G.O (P) 21/85/Fin. dated 18-1-1985 

 

GOVERNMENT DECISION

 

 

Government  employees who are appointed Members of the Public Service Commission  and whose date of superannuation  falls on  a date after 1st April 1964 will automatically be governed by the Contributory family pension scheme in case they do not specifically opted out of it, provided they agree to surrender two month’s  emoluments from the death-cum-retirement gratuity.

[G.O.(MS)322/70/PD., dated 7th September 1970 and G.O(MS)820/71/Fin., dated 28th December 1971] 

 (b) 

who were governed by the old service Rule like (1) The Travancore Service Regulations, (2) The Cochin Service Regulations and (3) The Fundamental Rules (Madras), The Madras Pension Code and The Madras Manual of Special Pay and Allowances but opted to come over to the Kerala Service Rules including the rules under the Contributory Family Pension Scheme on or after 1st April 1964 and 

 
 

(c)

 who entered service on or after 1st April 1964. 
 

Note 

The scheme is also applicable to:  
   (i)

the families of the Government employees governed by the Workmen’s Compensation Act; provided that the Workmen satisfy all the conditions of the scheme (see sub-rule 4D below also), and

 
 

 

 (ii)

@the families of full-time contingent employees and work charged employees who died between 1st April 1968 and the last date fixed for the exercise of option to come over to the regular establishment, without exercising the said option. * [Omitted. Takes effect on and from 1st October 1977]. 

@G.O.(P)33/70/Fin. dated 14th January 1970. 

G.O.(P)120/81/Fin. dated 16th February 1981.

 

 

 (iii)

the families of the pensionable employees of the Travancore Devaswom Board, the pensionable employees of the Cochin Devaswom Board, the aided school teachers who have opted for Chapter XIV (e), Kerala Education Rules, the pensionable employees of certain Government Industrial concerns such as Kerala Soaps and Oils Limited, Ceramic Concerns,  Trivandurm Rubber Works, Corporation and Municipal employees governed by D.C.R.B. Rules (other than employees who were permanent in the Trivandrum Corporation on 17th August 1950 and in Municipalities in Travancore area on 1st April 1953, the employees who were permanent in the Trivandrum Corporation on 17th August 1950 and in Municipalities of Travancore area on 1st April 1953, the pensionable employees of Panchayats, the Melkanganom employees and the Mathilagom employees governed by the Kerala Service Rules and in respect of whom pensionary liability has been taken over by Government. 

 

90 (2) 

The scheme is not applicable to:-

 
 

 

 (a)

persons who retired on or before 31st March 1964 but  were re-employed on that date or thereafter,

 
   (b)

persons paid from Contingencies,

 
 

 

 (c)workcharged staff,  
 

 

 
 (d)casual labourers, 

 

 

 

 (e)

contract officers, and 

 

 

 

 (f)

military pensioners who retired from military service    on or after 1st January 1964, re-employed in State Service provided the families of such re-employed military pensioners are eligible for family pension from the Defence Department.

 

[This has effect from 1st April 1964 – G.O(P) 33/73/Fin., dated 29th January 1973].

  Note

In respect of items (b) and (c) above see item (ii) under Note below sub-rule 1 also.

 

90 (3)

 

‘Contributory Family Pension’ will be admissible in case of death while in service or after retirement on or after the 1st April 1964.  In the case of death after retirement, the retired employee must have been at the time of death in receipt of compensation, invalid, retiring or superannuation pension or pension granted on compulsory retirement by way of penalty.

[G.O.(P) 390/80/Fin., dated 18th June 1980]

 
 

Pay at the time of death or Retirement 

Monthly Family Pension

 

 

Above Rs.800

10 percent of pay subject to a maximum of Rs.150 and a minimum of Rs.90.

 
 

Up to and including Rs.800 but above Rs. 200

15 percent of pay subject to a minimum of Rs.50 and a maximum of Rs.90.

 
 
 

Up to and including Rs.200 but not below Rs.100

25 percent of pay subject to a minimum of Rs.30

 
 
 

Below Rs.100

30 percent of pay subject to a minimum of Rs.20 

 
 

Provided that where the monthly family pension admissible under these rules exceeds the service pension sanctioned to a retired government employee, the monthly family pension shall be limited to the amount of such service pension.  (inclusive of temporary increase and ad hoc increase).

 

 

Note-1

No temporary increase will be admissible in respect of family pension granted under these rules. 

 
 

Note- 2

The commutation of pension has no effect on the quantum of contributory family pension as the rate of family pension is based on the pay, which the government employee was drawing immediately before retirement and not on the pension sanctioned to him. 

 
 

Note-3

The scheme does not debar a government employee / pensioner from drawing contributory  family pension in addition to his pay or pension.  In the event of death of the father and the mother,  who were both government employees the minor children will be eligible to draw two family pensions, subject to a total of Rs.150 per mensem, provided both the employees were governed by these rules.

 

90 (4.A)

 

In case an employee governed by these rules dies on or after 1st January 1966 while in service, the family pension shall be payable at 50 per cent of the basic pay (inclusive of dearness pay, if any) last drawn subject to a maximum of twice the family pension admissible at the above rates  for a period of seven years from the date of death or till the date on which the employee would have reached the normal age of superannuation had he remained alive whichever period is shorter and at the ordinary rates thereafter till such period as provided in these rules. 

 

 Note

In the case of an employee who dies while on extension of service the date up to which the extension of service had been sanctioned to him before his death will be deemed to be the normal date of superannuation. 

 
 

90 (4.B)

In case an employee who was in service on 31st March 1964 and had opted not to be governed by these rules died on or after 1st January 1966 without exercising option within such period as may be prescribed by Government to avail himself of the benefits of the scheme under these rules the family pension as liberalized with effect from 1st  January 1966 (vide-sub-rule 4A) shall be payable to his family.  *[Omitted. Takes effect on and from 1st October 1977] If the beneficiary gives a written consent for deduction of an amount equal to two months pay from the death-cum-retirement gratuity admissible.

 

 [G.O.(P)120/81/Fin., dated 16th February 1981]

 

Note 1

The concessions allowed in sub-rules 4(A) and 4(B) above are not applicable if the Government employee had put in less than 7 years’ continuous service prior to his death. 

 

 

Note 2

In cases of death while in service on or after 14th November 1966 seven years’ of service whether continuous or not will be taken as seven years of qualifying service. 

 

 90 (4.C)

(1)

 

In the case of employees who die while in service or after retirement on or after 1st April 1966 the rate of contributory family pension will be as follows:- 

 

 

Pay at the time of death or retirement

 Monthly Family Pension

 
 

1. Rs.800 and above

12 percent of pay subject to a maximum of Rs.150
 
 2.  Rs.200 and above but  below Rs.800

15 percent of pay subject to a maximum of Rs.96 and a minimum of Rs.60.
 

 
 

3. Below Rs.200

30 percent of pay subject to a minimum of Rs.25.

 
 
 

Note

The minimum contributory family pension has been fixed at Rs.40 with effect from 1st October 1971. 

[G.O.(P) 625/71/Fin., dated 19th October 1971]

 
 

(2)

The proviso under sub-rule 4, and sub-rules 4 (A) and 4 (B) and the notes under them shall apply mutatis mutandis. 

 

 90 *(4.CC)

(1)

The rate of Family Pension in the case of death while in service or after retirement on or after 1st April 1994 will be computed as indicated below

*[G.O.(P) No.29/06/Fin. dated 19/1/06]

w.e.f. 1-3-97 

 Pay at the time of retirement  or death.

Monthly Family Pension

 
 1.  Not exceeding Rs.1500/-  

30% of Pay subject to a minimum of Rs.375/-

 
 2.  Exceeding Rs.1500 but not exceeding Rs.3000/-  

20% of Pay subject to a minimum of Rs.450/-

 
 3.  Above Rs.3000/-15% of Pay subject to a minimum of Rs.600 and maximum of Rs.1100/-. 
 

(2)

 

The rate of family pension in the case of death while in service or after retirement of employees will be 30 percent of the pay with effect from 1st March 1997 irrespective of the category to which they belong.  The minimum family pension will be Rs.1,275/- per mensum and the maximum family pension will be 30 percent of the highest pay in the State Government. 

 
 (3) 

The proviso under sub-rule (4), sub-rules (4A) and (4B) and the notes thereunder shall apply to this sub-rule mutatis mutandis.

 

90 (4D) 

The benefits under sub-rule 4A above shall be admissible also in the case of a Government employee governed by the Workmen’s Compensation Act [vide item (i) under Note below sub-rule 1 also] in addition to any compensation under the Act. 

 
 

Subject to the condition that the family pension payable shall be at 50 percent of the basic pay  (including dearness pay, if any) last drawn or 1½ times the family pension admissible at the ordinary rates, whichever is less.

 
 

In cases where an employee governed by the Workmen’s Compensation Act dies for reasons not covered by the Act and is not eligible for any compensation thereunder the benefit  of sub-rule  4A, shall be available as in the case of other pensionable  employees under Government.

 
  

In all the cases mentioned in this rule the authority competent to sanction the contributory family pension shall along with the family pension papers furnish to the Audit Officer a Certificate to the effect that the family of the deceased government employee is not eligible for any compensation under the Workmen’s Compensation Act @

@[G.O.(P)

223/68/Fin.,

dated 17th May 1968] 

90 (5)

 

‘Pay’ for this purpose means the pay as defined in Rule 12(23), Part I, Kerala Service Rules and Dearness Pay which the person was drawing on the date of his death while in service or immediately before his retirement.  If on the date of his death while in service or immediately before his retirement a person has been absent from duty on leave (including leave without allowances) or on suspension, pay means the pay which he drew immediately before the leave or suspension 

 
 

*Note -1

In the case of notional promotions, pay will be the pay, which the officers concerned are eligible for, as a result of the notional fixation of pay even though they may not have actually drawn the same. 

Addition. *G.O.(P) No.338/85/Fin. dated 15-6-1985

w.e.f. 31-1-1981. 
 

*Note -2

Notional pay consequent on change in scale of pay due to general pay revision or other shall be reckoned for calculation of family pension.   

Addition. *G.O.(P) No.81/03/Fin. dated 4-2-2003

w.e.f. 15-6-1985. 
 

RULING No.1

 
 

Provisional Pay of appointments under Rule 9 or 31 of the Kerala State and Subordinate Service Rules will also be taken into account for the purpose of contributory family pension with effect from 14th November 1966.

 
 

RULING No.2 

 
 

The portion of Dearness Allowance treated as Dearness Pay will be reckoned for the purpose of contributory family pension in respect of cases occurring on or after 1st April 1969: 

 
 

*Provided that the deduction of two months’ pay from death-cum-retirement gratuity will also include the element of Dearness Allowance treated as Dearness Pay.

*[G.O.(P)484/73/Fin.,dated 7th July 1973]

90 (6)  

*‘Family’ for purposes of those rules means the following relatives of the employee, namely:- 

*Substitution w.e.f. 29/8/01 [G.O(P)No.344/05/Fin dated 25-7- 2005] 

   (a)wife in the case of a male employee  
   (b)husband in the case of a female employee,  
   (c)Eldest eligible child (in the Order of Seniority in age)  
   (d)Children suffering from physical/mental disorder or disability  
   (e)Unmarried daughters above 25 years.  
   (f)Son/daughter adopted legally before retirement  
   (g)Parents (in equal shares) 
   (h)Judicially separated wife 
   (i)Judicially separated husband.  
 Note.1

If there are no surviving members of the items (a) to (e) above, Government may sanction family pension to the members referred to in items (f) and (g) subject to the conditions prescribed in sub-rule 6A.  If the members referred to as items (a) to (g) are not surviving, the family pension may be paid to the member specified in items (h) or (i) as the case may be, prove the employee has included the details of such member in Form 5A.  If judicially separated wife/husband is included in the details of family furnished in Form  5A family pension is not payable to judicially separated wife/husband. 

 
 **Note.2

Legal marriage after retirement shall also be considered for the purpose of these rules.  In such cases, the retired officer shall file a revised  Form 5A before the Accountant General after marriage.  In cases where Form 5A has not been filed due to death of the pensioner the family pension will be sanctioned after observing the procedure laid down in rule 118 (2) Part III K,S,R.  In the case of second marriage after retirement, necessary certificates/ documents from the authorities concerned duly certified by the Notary Public of the locality to the effect that the spouse of the first marriage is not alive and the marriage of the deceased Government servant with the applicant was lawful and legally valid one shall also be produced. 

 

**Substituted

[G.O.(P)

No.469/02/Fin]   dated 17-7-02

(w.e.f 12-11-1990)

 *Note.3

The terms ‘sons’ and ‘daughters’ occurring in clauses (c) and (d) of sub rule (6) include posthumous sons and posthumous daughters. 

Insertion *[G.O.(P)878/87/Fin.,

Dated 29/10/1987] 

90 @(6A)

  Notwithstanding anything contained in sub-rule 6 above.

@[G.O.(P)146/69, dated 20–3- 1969. 

 (1)

Contributory family pension will be admissible to the parents (father/mother) of the deceased Government employee if they were solely dependent on the deceased for maintenance and they have no other source of income or support for maintenance, and even in cases where the parents have an independent source of income of less than #Rs.4800 per annum and they were partly dependent on the deceased for maintenance and there are other extenuating circumstances, subject to the following conditions:- 

 *Omitted [G.O.(P)No. 344/05/Fin. dt. 25/7/05.

G.O.(P)543/69/Fin.,

Dated 23–9-1969

and

G.O.(P)581/70/Fin, dated 14 –8-1970]

# [G.O.(P) No.218/03/Fin.,

dated 10-4-03]

(Takes effect from  1–1-1997)
  (i)

The employee was unmarried at the time of his/her death or if married, he/she had no wife/husband or minor children at the time of death 

 
  (ii) 

The parents of the deceased Government employee have no other living sons/daughters who are well placed, *and the husband/wife, as the case may be of the beneficiary is also not well placed in life 

*[G.O(P)425/82/Fin.,

dated 10/8/1982]
  (iii) 

Only one family pension will be payable to a person under this rule even if there may be claim for more than one family pension on account of death of more than one son or daughter. 

 
 (2) 

#The contributory family pension shall be payable to parents in equal shares and on the death of either one of the recipients, his/her share shall be payable to the surviving member 

#Substitution

[G.O.(P) No.344/05/Fin.  dt.25th July 2005]w.e.f. 29/8/01. 

 (3) 

[Omitted. Take effect on and from 1st October 1977]
[G.O(P)120/81/Fin., dated 16th February 1981] 

 
 (4) 

The family pension under this rule is payable with effect from 20th March 1969 to the parents of the government employees who died while in service or after retirement on or after 1st April 1964 

 
 (5) 

The family pension under this rule will be sanctioned by Government. 

 
 (6) 

Eligibility for contributory family pension will be determined on the basis of the report (in the form in Annexure I) of the Tahasildar of the Taluk in which the person lives.  For the continued payment of family pension the person entitled to the pension shall produce at the treasury one year after the date of commencement of the family pension an annual certificate (in the form in Annexure II) from the Tahasildar or a gazetted employee of the locality. 

 
 (7) The contributory family pension will be admissible:-  
  (a)

In the case of widow/widower up to the date of death or remarriage whichever is earlier and @ when the widow / widower has not another husband / wife living at the time of death of the employee. 

@[Takes effect from

1st April 1964, G.O(P)363/72/Fin.,

dated 16th August, 1972]. 
  (b) 

In the case of son until he attains the age of 25 years or till he starts earning his livelihood, which ever is earlier (takes effect from 21-5-86) 

 
  (c) In the case of unmarried daughter until she attains the age of 25 years or marriage or starts earning her livelihood which ever is earlier (takes effect from 6/10/89) 

[G.O.(P) No.613/98/Fin.

Dated 10-2-1998] 
  

In cases where death occurred prior to 29th August 1967 and the deceased employee is survived by two or more widows, family pension will be paid to the eldest surviving widow.  On her death (or in the event of her remarriage) it will be payable to the next surviving widow, if any.  The term ‘eldest’ would mean seniority with reference to the date of marriage, 

 
  

 *In all other cases where death occurred on or after 29th August 1967, and

*[G.O.(P)388/67/Fin., dated 29th August, 1967]. 
  (i) 

where the deceased employee is survived by more than one widow the family pension will be paid to them in equal shares.  On the death of a widow her share of the family pension will become payable to her eligible son / daughter.  If, at the time of her death, a widow leaves no eligible son/daughter the payment of her share of family pension will cease. 

 

[G.O.(P)No.

613/98/Fin.

Dated 10-2-1998]
  (ii) 

where the deceased employee is survived by a widow but has left behind an eligible son / daughter from another wife, the eligible son / daughter   will be paid the share of family pension which the mother would have received if she had been alive at the time of the death of the employee:

 
  

Provided that if the son or daughter of a Government employee is suffering from any disorder or disability of mind or physically crippled or disabled so as to render him or her unable to earn his living even after attaining the age of 25 years,  the family pension shall be payable to such son or daughter for life, subject to the following conditions namely:-

 
   (i)

If such son or daughter is one among two or more sons or daughters of the Government employee, the family pension shall be initially payable in the order set out in sub rule (8) until last son/daughter attains the age of  25 years or employment as in the case may be, and thereafter the family pension shall be resumed in favour of the son or unmarried daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him / her for life.  or till starts earning a livelihood. 

 [G.O.(P)613/98/Fin. Dated 10-2-1998]
  (ii) 

if there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the following order, namely:-

 
   

(a)    firstly, to the son, and if there are more than one son the younger of them will get the family pension only after the lifetime of the elder;

 
 
   

(b)    secondly, to the daughter, and if there are more than one daughter the younger of them will get the family pension only after the lifetime of the elder.

 
 
  (iii) 

the family pension shall be paid to such son or daughter through the guardian *nominated by the Govt. Employee/Pensioner as if he or she  were a minor. 

 *Insertion

[G.O.(P)No.

346/05/Fin.  dt. 26th July 2005]

w.e.f. 5-9-01.
  (iv) 

before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature 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 officer not below the rank of a civil surgeon setting out, as far as possible, the exact mental or physical condition of the child. 

 
  (v) 

the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate from a medical officer not below the rank of a Civil surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled. 

[G.O.(P)19/77/Fin., dated 17th January 1977]
 *Note:-  

The above benefit is extended to such sons/ daughters of Government employees who retired / died before 17th January 1977 

 *[G.O.(P)612/98/Fin., dated 10/2/98]This will take effect from 3rd December 1987.

 

Explanation: 

a)      Only that disability which manifests itself before the retirement or death of the Government servant, while in service shall be taken into account for the purpose of grant of family pension under this sub-rule

 
 
  

b)      A daughter shall become ineligible for family pension under this sub-rule from the date she gets married. 

 
  

c)      The family pension payable to such a son or daughter shall be stopped if he or she starts earning his / her livelihood.

d)      In such cases it shall be the duty of the guardian to furnish a certificate to the Treasury Officer every month that-

(i)   The son or daughter has not yet started earning his / her livelihood;

(ii) In the case of daughter, that she has not yet   married.

 

 

 

 

[G.O.(P)552/78/Fin.,

dated 28th June 1978]

 

RULING 

 
 

The children of a deceased employee born out of a divorced / judicially separated wife will be eligible for a share of family pension to the same extent as it would have been admissible to their divorced / judicially separated mother but for such divorce or Judicial separation. This will take effect from 29th August 1967.

 
[G.O.(P)210/82/Fin., dated 5th May 1982] 

90 (7A) 

  (i)

The pension sanctioning authority will approve the claim  for family pension to the disabled son/daughter on the basis of the details furnished in the pension application and the prescribed medical certificate in support  thereof. 

[G.O.(P)314/82/Fin.,

dated 25/6/1982]

 
  (ii) 

 n writing up the Pension Payment Order to be issued to the pensioner, the Audit Officer will note therein, the name and date of birth of the eligible disabled son/daughter indicating that payment will be authorized as and when claim arises.

 
  (iii) 

As and when the claim arises the*guardian nominated by the Government Employee/ Pensioner and is authorized to receive the pension on behalf of the disabled son/daughter shall send a fresh application supported by necessary medical certificate through the Treasury Officer concerned, who will forward the application to the Accountant General's Office with both halves of the Pension Payment Order.

 

*[G.O.(P) 346/05/Fin. dt. 26th July 2005]

w.e.f. 5/9/01.

  (iv)

The Audit Officer will, on receipt of the above documents verify the claim with the original pension papers and obtain the sanction of the pension sanctioning authority for payment of family pension to the disabled son/daughter. 

 
  (v) 

The Audit Officer will incorporate the following condition in the Pension Payment Order when the payment is authorized, namely:- 

 
   

(a)                that the person receiving  the pension as guardian shall produce every three years a certificate from a civil surgeon to the effect that the claimant continues to suffer from the disability.

 
 
   

(b)                that the guardian shall produce a certificate to the Treasury Officer every month, that,--

(A)        the disabled son / daughter has not started earning his/her living,

(B)        in the case of disabled daughter, she has not yet married.

 
 

90 (8) 

*Except as provided in sub-rule (7) pension awarded under these rules will not be payable to more than one member of an employee’s family, at the same time.  It will first be admissible to the widow /widower and thereafter to the (eligible) sons/daughters in the strict order of preference as given in the definition of ‘family’ in sub rule (6), i.e., contributory family pension will be payable to the eldest son when the widow /widower is not alive and on his attaining majority to the next son and after the eligibility of sons has been exhausted to the eldest unmarried daughter on her ceasing to be eligible to the next unmarried daughter. 

* Substitution

[G.O.(P)613/98/Fin. dt.10th February 1998] 
 Note 

where the eligible children happen to be twins of the same sex, Family pension shall be paid to them in equal shares. 

[G.O.(P)616/98/Fin.

Dated 10-2-1998.] 

90 (9)  

In the event of re-marriage or death of the widow or widower the family pension will be granted to the minor children, through their natural guardian, (if any, otherwise through their de facto guardian on production of an indemnity bond, etc., as laid down in Note 2 under Rule 118, below). In disputed cases, however, payment will be made through a legal guardian (i.e., guardian appointed by a court of law): 

 
 

Provided that where the minor children are under the care of a de facto guardian while the natural guardian is alive and the natural guardian consents to the payment of family pension due to the minor children to the de facto guardian, the family pension shall be granted to the minor children through their de facto guardian on production by him of:-

 
 
   (i)

A certificate from the Tahasildar of the Taluk to the effect that the minor children are under the care and custody of the de-facto guardian;

 
  (ii) 

The written consent of the natural guardian duly attested by two witnesses; and 

[G.O.(P)181/78/Fin., dated 13th February 1978] 
  (iii) An indemnity bond in Form 8A.  

90 (9A)  

Where the person eligible to receive family pension dies before receiving the same, the arrears, if any due to him/her shall be given to the person, if any, who is living and is entitled to receive family pension on the date of the issue of the order sanctioning family pension. 

 

[G.O.(P)354/77/Fin., dated 22nd September 1977]

  

 

   
   

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