Section 22(5) in All India Services (Death-Cum-Retirement Benefits) Rules, 1958
(5)(a)(i)Where a member of service, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923) dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to 50 per cent of the pay last drawn and the amount so admissible shall be payable from the date following the date of death of the member of service for a period of ten years.(ii)In the event of death of a member of service after retirement, the family pension as determined under sub-clause(a) shall be payable for a period of seven years, or for a period up to the date on which the retired deceased member of service would have attained the age of sixty seven years had he survived, whichever is less:Provided that in no case the amount of family pension determined under sub-clause (b) shall exceed the pension authorised on retirement from Government Service:Provided further that where the amount of pension authorised on retirement is less than the amount of family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2).Explanation. - For the purpose of this sub-clause, pension authorised on retirement includes the part of the pension which the retired member of service may have commuted before his death.(b)After expiry of the period referred to in clause (a), the family, in receipt of family pension under that clause, shall be entitled to family pension at the rate admissible under sub-rule (2).
