16. Benefits to the family on the death of a member.
(1)[Pension to the Family] [Substituted by G.S.R. 134, dated 28.2.1996 (w.e.f. 16.3.1996). ] shall be admissible from the date following the date of death of the member, if the member dies(a)while in service, provided that at least one month's contribution has been(b)after the date of exit, but before attaining the age of 58 years, from the employment having rendered service entitling him/her to monthly member's pension but' [before the commencement of pension payment, or] [ Substituted by G.S.R. 134, dated 28.2.1996 (w.e.f. 16.3.1996). ](c)after commencement of payment of the monthly member's pension.Note. - The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of paragraph 12.(2)(a)The monthly widow pension shall be(i)in the cases covered by clause (a) of sub-paragraph (1) equal to the monthly member's pension, which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table C whichever is more;(ii)in the cases covered by clause (b) of sub-paragraph (1) equal to the monthly member's pension which would have been admissible as if the member had retired on the date of exit or [Rs. 450 per month] [ Substituted by G.S.R. 41, dated 12.1.2000 (w.e.f. 29.2.2000).] or the amount indicated in Table C, whichever is more;(iii)in the cases covered by clause (c) of sub-paragraph (1), equal to 50 per cent. of the monthly member's pension payable to the member on the date of his death subject to a minimum of [Rs. 450 per month] [ Substituted by G.S.R. 41, dated 12.1.2000 (w.e.f. 29.2.2000).];(iv)[ in all the cases, where the amount of family pension sanctioned under the Ceased Family Pension Scheme, 1971 and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month;] [ Inserted by G.S.R. 41, dated 12.1.2000 (w.e.f. 29.2.2000).](v)[ in all the cases, where the monthly widow pension including relief, if any, is less than one thousand rupees per month, the amount of monthly widow pension in such cases shall be enhanced to one thousand rupees per month [* * *] [Inserted by Notification No. G.S.R. 593 (E) dated 19.8.2014 (w.e.f. 1.9.2014)].](b)The monthly widow pension shall be payable upto the date of death of the widow or re-marriage whichever is earlier.Note. - In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term "eldest" would mean seniority with reference to the date of marriage.(3)Monthly children pension(a)if there are any surviving children of the deceased member, falling within the definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow/widower pension;(b)[ Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow of the deceased member as monthly widow pension payable under clause (a) of sub-paragraph (2): [Substituted by Notification No. G.S.R. 593 (E) dated 19.8.2014 (w.e.f. 1.9.2014)]Provided that the minimum monthly children pension including relief, if any, for each child of the deceased member shall not be less than two hundred and fifty rupees per month [* * *].];(c)[ monthly children pension shall be payable until the child attains the age of 25 years;] [ Substituted by G.S.R. 134, dated 28.2.1996 (w.e.f. 16.3.1996). ](d)the monthly children pension shall be admissible to the maximum of two(e)[ if a member dies leaving behind a family having son or daughter who is permanently and totally disabled such son or daughter shall be entitled to payment of monthly children pension or orphan pension, as the case may be, irrespective of age and number of children in the family in addition to the pension provided under clause (d).] [ Inserted by G.S.R. 66, dated 22.2.1999 (w.e.f. 6.3.1999).](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). ](5)(a)A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to the monthly widow's pension, as admissible under sub-clauses (i) and (ii) of clause (a) of sub-paragraph (2).(aa)[ If a member dies leaving behind no spouse and/or an eligible child falling within the definition of family and no nomination by such deceased member exists, the widow pension shall be paid under sub-clauses (i) and (ii) of clause (a) of sub-paragraph (2) either to dependant father or dependant mother as the case may be. On grant of pension to such dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the surviving mother life long.] [ Inserted by G.S.R. 66, dated 22.2.1999 (w.e.f. 6.3.1999).](b)If the deceased member had not rendered pensionable service on the date of exit from employment which would have made him entitled to a monthly member pension under paragraph 12, but had opted to retain the membership of this Scheme under sub-paragraph (8) of paragraph 12, the [nominee or the dependant father or the dependant mother, as the case may be,] [ Substituted by G.S.R. 66, dated 22.2.1999 (w.e.f. 6.3.1999).] shall be entitled to [a withdrawal benefit as provided in paragraph 14] [Substituted for the words "return of capital as provided in sub-paragraph (I) of paragraph 13" by Notification No.G.S.R. 80(E) dated 14.2.2013 (w.e.f. 16.11.1995)].
