Section 8AB in The Salary, Allowances and Pension of Members of Parliament Act, 1954
8AB. [ Rounding off period of pension. [Inserted by Act 9 of 2004 - effective from 9-1-2004.]
- Where the period for which the pension is payable under this Act contains a part of a year, then, if such part is nine months or more, it shall be reckoned equivalent to complete one year for the purpose of payment of additional pension under sub-section (1) of section 8A and if such part is less than nine months, it shall be ignored.][8AC [Inserted by Act 40 of 2006 - effective from 15-9-2006.](1)On the death of a member of either house of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause (aa) of section 2, family pension equivalent to one-half of the pension which such member of Parliament would have received had he retired.Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under section 8A.(2)The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time [***] and died after serving as such member.Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1).Provided further that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006.Explanation. - For the purpose of this section, "Provisional Parliament" shall include the body which functioned as the Constitutent Assembly of the Dominion of India immediately before the commencement of the Constitution.]
