Can You Avail Two Family Pensions from Different Sources of Same Govt Pensioner

The Central Civil Services (Pension) Rules, 2021, have been notified and will replace the Central Civil Services (Pension) Rules, 1972.

The question for people receiving family pensions was whether a family member could receive two family pensions from different sources from the same government pensioner. The government has issued a clarification on a member's right to a family pension from two distinct sources in the case of the same government pensioner. It might be a situation of military duty and civil service or service in a self-governing entity and a civil government department.

The regulations for family pensions used to be different, but they were changed subsequently. The chronology is as follows:

Before the 27th December 2012 amendment of the erstwhile Central Civil Services (Pension) Rules, 1972, sub-rule 13-A of Rule 54 of those rules prohibited the grant of a family pension from the civil side to a re-employed military pensioner if the military pensioner had opted for a family pension for military service rendered.

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Similarly, Rule 54 of those rules prohibited the grant of two family pensions to a person who was already receiving a family pension or was eligible for one under any other rule of the Central Government or a State Government and/or public sector undertaking, an autonomous body, or local fund under the Central or State Government.

Sub-rules 13-A and 13-B were removed from the regulations by a notice dated December 27, 2012. (effective from September 24th, 2012).

In such circumstances, the prohibition on family pension entitlement from two distinct sources in respect of the same government employee/pensioner was lifted.

On December 20, 2021, the Central Civil Services (Pension) Rules, 2021 were notified, superseding the Central Civil Services (Pension) Rules, 1972.

The family pension is covered under Rule 50 of the Central Civil Services (Pension) Rules, 2021.

This provision also exempts the issuance of a family pension from two distinct sources in the case of the same government employee or pensioner.

As a result, the government has clarified that the Central Civil Services (Pension) Rules, 2021 do not prohibit a family member from receiving a family pension from two distinct sources in respect of the same government employee/pensioner.

However, the restriction in Central Civil Services (Pension) Rules, 2021 sub-rules 12(a) and 13 will continue to apply to a member of the family who is entitled to two family pensions as a result of the death of two distinct government employees/pensioners.