Section 40 in The Life Insurance Corporation of India (Employees) Pension Rules, 1995
40. Period of payment of family pension.
(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.(2)Where a deceased employee or a pensioner leaves behind more children than one, the eldest eligible child shall be entitled to the family pension for the period mentioned in clauses (b) or (c) of sub-rule(1), as the case may be, and after the expiry of that period the next child shall become eligible for the grant of family pension.(3)Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor.(4)In case both wife and husband are employees of the Corporation and are governed by the provisions of this rule 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 sub-clause(i) of clause(b) of sub-rule (3) of rule 39 the amount of both pensions shall be limited to two thousand five hundred rupees only per mensem in respect of employees who retired or died while in service prior to the 1st day of November, 1993 and four thousand eight hundred rupees per mensem only in respect of employees who retired or died on or after the 1st day of November, 1993;(b)if one of the family pensions ceases to be payable at the rates mentioned in sub-clause (i) of clause(a) or sub-clause (i) of clause (b) of sub-rule (3) of rule 39 and in lieu thereof the family pension at the rate mentioned in sub-rule(1) of rule 39 becomes payable, the amount of both the pensions shall also be limited to two thousand five hundred rupees per mensem in respect of employees who retired or died while in service prior to the 1st day of November, 1993 and four thousand eight hundred rupees per mensem in respect of employees who retired or died on or after the 1st day of November, 1993 ;(c)if both the family pensions are payable at the rate mentioned in sub-rule (1) of rule 39 the amount of the two pensions shall be limited to one thousand two hundred and fifty rupees per mensem in the case of employees who retired or died while in service prior to the 1st day of November, 1993 and two thousand four hundred rupees per mensem in respect of employees who retired or died on or after the 1st day of November, 1993.[Note : [Note to sub-rule 4 of Rule 40 which was inserted vide Government Notification dated 22.4.1997 has been amended vide Government Notification dated 14.5.1999.] In this sub-rule, for the figures and words "1st day of November, 1993" the figures and words "1st day of August, 1992", shall be substituted in respect of employees belonging to Class-III or Class-IV who have retired or died on or after 1st day of August, 1992 and the figures and words "1st day of April, 1993" shall be substituted in respect of Officers belonging to Class-I and Class-II who have retired or died on or after 1st day of April, 1993.](5)(a)Where family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares;(b)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;(c)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 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;(d)where the family pension is payable to twin children it shall be paid to such children in the manner specified in clause (f) of sub-rule (1) above;(e)except as provided in this sub-rule the family pension shall not be payable to more than one member of the family at the same time.(6)Where a female employee or male employee dies leaving behind a judicially separated husband or widow and no child or children, the family pension in respect of the deceased shall be payable to the person surviving:Provided that where in a case the judicial separation is granted on the ground of adultery and the death of the employee takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery.(7)(a)Where a female employee or male employee dies leaving behind a judicially separated husband or widow with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving person provided he or she is the guardian of such child or children;(b)where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children.(8)If the son or unmarried daughter eligible for the grant of family pension has attained the age of eighteen years, the family pension may be paid to such son or unmarried daughter directly.(9)(a)If a person who, in the event of death of an employee while in service, is eligible to receive family pension under these rules is charged with the offence of murdering the employee or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him;(b)if on the conclusion of the criminal proceedings referred to in clause(a),the person concerned -(i)is convicted for the murder or abetting in the murder of the employee, such a person shall be debarred from receiving the family pension which shall be payable to the other eligible member of the family, from the date of death of the employee;(ii)is acquitted of the charge of murder or abetting in the murder of the employee, the family pension shall be payable to such a person from the date of death of the employee;(c)the provisions of sub-clauses (a) and (b) shall also apply for the family pension becoming payable on the death of an employee after his retirement.Chapter - VIII Commutation
