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[Cites 0, Cited by 0] [Section 40] [Entire Act]

Union of India - Subsection

Section 40(1) in The Life Insurance Corporation of India (Employees) Pension Rules, 1995

(1)The period for which family pension is payable shall be,-
(a)in the case of a widow or a widower, upto the date of death or re-marriage, whichever is earlier;
(b)in the case of a son, until he attains the age of twenty-five years; and
(c)in the case of an unmarried daughter, until she attains the age of twenty-five years or until she gets married, whichever is earlier:
Provided that if the son or daughter of an employee is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to the following conditions, namely:-
(i)if such son or daughter is one among two or more children of the employee, the family pension shall be initially payable to the minor children in the order set out in clause (e) of sub-rule(1) until the last minor child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him or her for life;
(ii)if there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible:
Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in clause (f) of sub-rule (1);
(iii)the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of a physically crippled son or daughter who has attained the age of majority;
(iv)before allowing the family pension for life to any such son or daughter, the Competent Authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer approved by the Corporation, setting out, as far as possible, the exact mental or physical condition of the child;
(v)the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce every three years a certificate from a medical officer approved by the Corporation to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled.
Explanation. The grant of family pension to disabled children beyond the age limit specified in this sub-rule is subject to the following conditions, namely:-
(i)a daughter shall become ineligible for family pension under this sub-rule from the date she gets married;
(ii)the family pension payable to such son or daughter shall be stopped if he or she starts earning his or her livelihood. In such cases it shall be the duty of the guardian or son or daughter to furnish a certificate to the Corporation every month that -
(A)he or she has not started earning his or her livelihood;
(B)in case of daughter that she has not yet married;
(d)if a deceased employee or pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child;
(e)family pension to the children shall be payable in the order of their birth and the younger of them shall not be eligible for family pension unless the elder next above him or her has becomes ineligible for the grant of family pension;
Provided that where the family pension is payable to twin children it shall be paid in the manner set out in clause (f) of the sub-rule (1);
(f)where the family pension is payable to twin children it shall be paid to such children in equal shares:
Provided that where one such child ceases to be eligible, his or her share shall revert to the other child and where both of these cease to be eligible, the family pension shall be payable to the next eligible single child or twin children, as the case may be.