Section 16(4) in The Employees' Pension Scheme, 1995
(4)[(a) if the deceased member is not survived by any widow, but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitles to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under clause (a) of sub-paragraph (2):Provided that the minimum monthly orphan pension including relief, if any, for each orphan shall not be less than seven hundred and fifty rupees per month [* * *].](aa)[ The monthly orphan pension shall be payable to each orphan till such orphan attains the age of twenty-five years: [Inserted by Notification No. G.S.R. 387 (E), dated 1.4.2016 (w.e.f. 16.11.1995).]Provided that the monthly orphan pension shall be payable to an orphan beyond the age of twenty-five years, if such orphan is suffering from disorder or disability of mind or who is physically crippled or disabled.] [Substituted by Notification No. G.S.R. 593 (E) dated 19.8.2014 (w.e.f. 1.9.2014)](b)In the event of death or re-marriage of the widow/widower after sanctioning of widow/ widower pension the children shall be entitled in lieu of the monthly children pension, to a monthly orphan pension from the date following the date of death/re-marriage of the widow/widower.(c)[ The monthly orphan pension shall be admissible to a maximum of two orphans at a time and shall run in order from the oldest to the youngest orphan.] [ Inserted by G.S.R. 134, dated 28.2.1996 (w.e.f. 16.3.1996). ]
