Section 9A in Tamil Nadu Legislator's Pension Rules, 1977
9A. [ Family pension. [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.]
(1)A Member/Pensioner shall furnish the details of his/her family in Form VII indicating the names of his/her family as defined in subsection (2-B) of section 12-B of the Act, for family pension.(2)[ The family of a deceased Member/Pensioner, who is entitled to family pension under sub-section (2-B) of section 12-B of the Act shall apply in form VII along with the particulars in Form IX.](3)[ In the event of death of a Member/Pensioner, the Secretary, shall send a letter to the family of the deceased Member/Pensioner requesting him/her to apply for the family pension.] [Vide G.O. Ms.No. 1397, Public (Establishment-I and Legislature), dated the 21st December 2001.](4)[ The period for which family pension is payable shall be as follows: -(i)Wife in case of male member/pensioner or husband in the case of a female member/pensioner up to the date of death or remarriage, whichever is earlier;(ii)Son who has not attained the age of twenty one years and unmarried daughter who has not attained the age of twenty four years including such son and daughter adopted legally;(iii)Father and mother of the unmarried member / pensioner till their death.](5)[ (a) (i) Where family pension is payable to more widows than one, the family pension shall be paid to widows in equal shares.(ii)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 riot survived by any child, her share of the family pension shall be payable to the surviving widows in equal share or if there is only one surviving widow it shall be payable in full, to such widow.(b)Where the deceased member/pensioner is survived by a widow but has left behind the 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 death of the pensioner:Provided that on the share or shares of family pension payable to child or children or to widow or widows, ceasing to be payable, such share or shares shall be payable to other widow or widows and or to other child or children otherwise eligible, in equal shares, if there is only one widow or child, in full, to such widow or child.(c)Where the deceased member/pensioner is survived by a widow, but has left behind eligible child or children from a divorced wife or wives, the eligible child or children of the divorced wife or wives shall be entitled to the share of family pension which divorced wife or wives would have received at the time of death of the member/pensioner had she not been divorced:]Provided that on the share or shares of family pension payable to such a child or children or to widow or widows ceasing to be payable such share or shares shall be payable to the other widow or widows or to other child or children otherwise eligible, in equal shares, if there is only one such widow or child, in full, to such widow or child.(6)(i)Except as provided in sub-rule (5), the family pension shall not be payable to more than one member of the family at a time.Explanation. - For the purpose of this rule, the twins born at a single birth shall be treated as of the same age and made eligible for family pension in equal shares.(ii)If a deceased member/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)(a)If sons and unmarried daughters are alive, the eligible male or female child will be entitled for family pension in the order of their birth, irrespective of the sex and the immediate younger of him or her will be eligible for family pension only after the elder above him or her become ineligible for family pension.(b)In the case of twins family pension is payable to such twins in equal shares. In the event of any one of the children ceasing to be ineligible for family pension, his or her share of family pension will become payable to the other such child and when both such children become ineligible for family pension the family pension will become payable to the next eligible child or twins as the case may be.
