(1)A family pension not exceeding the amount specified in sub-rule (2) below, may be granted for a period of ten years to the family of an officer who dies whether after retirement or while still in service after completion of not less than twenty years qualifying service ;Provided that the periods of payment of family pension shall in no case extend beyond a period of five years from the date on which the deceased officer would have attained the age of 60 years.Notes.-(i) [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] may in exceptional circumstances, consider at their discretion the award of family pension to the family of an employee who may die before completing twenty years qualifying service but after completing not less than ten years qualifying service.(ii)In cases where the qualifying service is less than the prescribed minimum the deficiency should not be condoned.(2)The amount of family pension will be-(a)in the event of death while in service, one-half of the superannuation pensions which would have been admissible to the officer had he retired on the date following the date of his death ; and(b)in the event of death after retirement, one-half of the pension sanctioned to him at the time of retirement:Provided that the amount of family pension will be subject to a maximum of Rs. 150 per mensem and a minimum of Rs. 30 per mensem :Provided further that the minimum pension will not in any case exceed the full amount of the pension sanctioned to the deceased officer at the time of his retirement or, in case he dies while in service the pension that would have been admissible to him if he had retired on a superannuation pension on the date following the date of his death.Note.-The amount of family pension will be reduced by the amount of pension committed if any by the pensioner before his death. For example if the ordinary pension was Rs. 90 per mensem and an amount of Rs. 30 out of this had been commuted the amount of family pension will be Rs. 90/2-30-15 per mensem.(3)No pension shall be payable under this part-(a)to a person mentioned in Clause (b) of sub-rule (4) below unless the pension sanctioning authority is satisfied that such person was dependent on the deceased officer for support;(b)to an unmarried female member of the family in the event of her marriage;(c)to a widowed female member of the family in the event of her re-marriage;(d)a brother of the deceased officer on his attaining the age of 18 years; and(e)to a person who is not a member of the deceased officer's family.(4)Except as may be provided by a nomination under sub-rule (5) below-(a)a pension sanctioned under this part shall be granted-(i)to the eldest surviving widow, if the deceased was a male officer, or to the husband, if the deceased was a female officer;(ii)failing (i) above to the eldest surviving son;(iii)failing (i) and (ii) above to the eldest surviving unmarried daughter;(iv)failing (i) to (iii) above to the eldest widowed daughter; and(b)in the event of the pension not becoming payable under Clause (a) the pension may be granted-(i)to the father;(ii)failing (i) above to the mother;(iii)failing (i) and (ii) above to the eldest surviving brother below the age of 18;(iv)failing (i) to (iii) above to the eldest surviving unmarried sister;(v)failing (i) to (iv) above, to the eldest surviving widowed sister; and(vi)failing (i) to (v) above; to the children of a predeceased son in the order it is payable to the children of the deceased officer under (a) (ii), (iii) and (iv) above.Note.-The expression "eldest surviving widow" occurring in Clause (a) above, should be construed with reference to the seniority according to the date of marriage with the officer and not with reference to the age of surviving widows.(5)An officer shall immediately after his confirmation make a nomination in Form "E" indicating the order in which a pension sanctioned under this part should be payable to the members of his family; and the extent it is valid, the pension will be payable in accordance with such nomination provided the nominee concerned is not ineligible on the date on which the pension may become payable to him or her to receive the pension under the provisions of sub-rule (3). In case the nominee concerned is or as become ineligible to receive the pension under the said sub-rule the pension shall be granted to the person next lower in the order in such nominations. The provisions of sub-rules (5) (b), (7) and (8) of Rule 6 shall apply in respect of nominations under this sub-rule.(6)(a)A pension awarded under this part shall not be payable to more than one member of the deceased officer's family at the same time.(b)If a pension awarded under this part ceases to be payable before the expiry of the period mentioned in the Proviso to sub-rule (1) on account of death or marriage of the recipient or any other cause it will be regranted to the person next lower in the order mentioned in sub-rule (4) or to the person next lower in the order showing the nomination under sub-rule (5) as the case may be, who satisfies the other provisions of this part.(7)A pension sanctioned under this part will be tenable in addition to any extraordinary pension, gratuity or compensation that may be granted to the members of an officer's family under the existing rules or Act.(8)Future good conduct of the recipient is an implied condition of every grant of pension under this part, [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] reserve to themselves the right of withholding or withdrawing such pension or any part thereof if the recipient convicted of serious crime or be guilty of grave misconduct. Decision of the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] in such matters shall be final.
