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[Cites 0, Cited by 0] [Section 38] [Entire Act]

Union of India - Subsection

Section 38(6) in Nagaland Rural Bank (Employees') Pension Regulations, 2018

(6)In case both wife and husband are employees of the Bank and are governed by the provisions of this regulation and one of them dies while in service or after retirement, the family pension in respect of the deceased shall be payable to the surviving husband or wife and in the event of death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely:-
(a)if the surviving child or children is or are eligible to draw two family pensions at the rates mentioned in sub-clause (i) of clause (a) and clause (b) of sub-regulation (3) of regulation 37, the amount of both pension shall be limited to-
(i)two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992;
(ii)four thousand eight hundred rupees per mensem in respect of an employee who retired or died after the 1st day of November, 1992 (in the case of employee other than officer) or on or after 1st day of July, 1993 (in the case of an officer); and
(iii)six thousand seven hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998;
(iv)nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005;
(v)eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November 2007;
(b)if one of the family pensions ceases to be payable at the rates mentioned in sub clause (i) of clause (a) or clause (b) of sub-regulation (3) of regulation 37 and in lieu thereof the family pension at the rate mentioned in sub-regulation (1) of regulation 37 becomes payable, the amount of both the pension shall also be limited to-
(i)two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or prior to 1st day of July, 1993 (in the case of an officer);
(ii)four thousand eight hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and
(iii)six thousand seven hundred and fifty six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998:
(iv)nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005;
(v)eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November, 2007;
(c)if both the family pensions are payable at the rate mentioned in sub-regulation (1) of regulation 37, amount of the two pensions shall be limited to-
(i)one thousand two hundred and fifty rupees per mensem in the case of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or 1st day of July, 1993(in the case of an officer);
(ii)two thousand four hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in the case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and
(iii)three thousand three hundred and seventy-eight rupees in respect of an employee who retired or died on or after 1st day of April, 1998;
(iv)four thousand seven hundred and eighty-three rupees per mensem in respect of an employee who retired or died on or after 1st day of May, 2005;
(v)five thousand nine hundred and twenty-eight rupees per mensem in respect of an employee who retired or died on or after 1st day of November, 2007.
(d)
(i)Where family pension is payable to more widows than one, the family pension shall be paid to the 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 not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.
(iii)Where the deceased employee or pensioner is survived by a widow but has left behind 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 the death of the employee or pensioner:
Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.
(iv)Where the deceased employee or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives, such eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of death of the employee or pensioner had she not been so divorced:
Provided that on the share or shares of family pension payable to such a child or children or to a widow ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.