Section 124 in The Navy (Pension) Regulations, 1964
124. To whom the original grant of family pension is made.
(a)Where there is a nomination-(i)if on the date, on which the sanctioning authority decides that the claim to special family pension is admissible, the nominated heir is alive and eligible, the pension shall be granted to him or her;(ii)if on the date referred to above the nominated heir is dead or disqualified, the pension shall be granted to the heir who stands highest in the list of living heirs specified in regulation 120 and is eligible under regulation 123;(iii)if the heir (other than the widow) who is nominated for the special family pension waives his or her claim in favour of the widow, the pension shall be granted to the widow, provided she is eligible on the date referred to in sub-clause (i);(iv)[ If a father is below 50 years of age on the date referred to in sub-clause (i), he will be deemed to be eligible for the original grant of pension as a first life award, provided the widow or mother of the deceased sailor is also alive. On his death or disqualification, the person shall be transferred to the widow or continued to the mother under regulations 130 and 131 respectively, as the case may be. If a father below 50 years of age is the sole survivor, he will remain ineligible for the grant of family pension for so long as he does not attain the age of 50 years.] [Substitued and Inserted by S.R.O. 309, dated 5th September, 1974][Explanation [Substitued and Inserted by S.R.O. 309, dated 5th September, 1974] :- The date on which the pension sanctioning authority decides that the claim to family pension is admissible, shall mean the date on which the draft pension payment order is approved by the Controller of Defence Accounts (Pensions) and the action for actual grant and notification thereof is commenced.](v)if the heir, who is nominated for a special family pension is employed under the Central Government or any State Government and is thereby disqualified for the grant of a special family pension either in whole or in part under regulation 126 then, the pension or the part thereof, which is held in abeyance for the duration of his employment, shall be granted to the heir who stands highest in the list of living heirs specified in regulation 120 and is eligible under regulation 123 and if there are no such heirs, such pension or the part thereof, shall be granted to him from the date of termination of such employment.(b)[ (i) Where there is no nomination the pension shall be granted to the living heir who stands highest in the list of heirs in regulation 120 and who is eligible under regulation 123 on the date on which the sanctioning authority decides that the claim to pension is admissible.] [Relettered, inserted & substitued by S.R.O. 309][ii) if the father is the highest eligible heir for the grant of family pension and is below 50 years of age on the date referred to in clause (a)(i), he will be deemed to be eligible for the original grant of pension as a first life award, provided the mother of the deceased sailor is also alive. On his death or disqualification, the pension will be continued to the mother under regulation 131. If a father below 50 years of age is the sole survivor, he will remain ineligible for the grant of family pension for so long as he does not attain the age of 50 years.] [Relettered, Inserted & Substitued by S.R.O. 309, dated 5th September, 1974]
