Section 39 in The Life Insurance Corporation of India (Employees) Pension Rules, 1995
39. Family Pension.
(1)Without prejudice to the provisions contained in these rules where an employee dies -(a)after completion of one year of continuous service; or(b)before completion of one year of continuous service, provided the deceased employee concerned immediately prior to his appointment to the service or post was examined by a medical officer approved by the Corporation and declared fit for employment in the Corporation; or(c)after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance;the family of the deceased shall be entitled to family pension, the amount of which shall be determined in accordance with Appendix V.(2)The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee:Provided that in no case a family pension in excess of the maximum prescribed under these rules shall be allowed.(3)(a)(i)Where an employee, who is not governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or twice the family pension admissible under sub-rule(1), whichever is less, and the amount so admissible shall be payable from the date following the date of death of the employee for a period of seven years or for a period up to the date on which the deceased employee would have attained the age of sixty five years had he survived, whichever is less;(ii)in the event of death of an employee after retirement, the family pension as determined under clause (a) or clause (b) of this sub-rule shall be payable for a period of seven years or for a period up to the date on which the retired deceased employee would have attained the age of sixty five years had he survived, whichever is less;(b)(i)where an employee, who is governed by the Workmen's Compensation Act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or one and half times the family pension admissible under sub-rule (1), whichever is less;(ii)the family pension so determined under sub-clause (i)shall be payable for the period mentioned in clause(a);(c)after the expiry of the period referred to in clause (a), the family, in receipt of family pension under that clause or clause (b) shall be entitled to family pension at the rate admissible under sub-rule (1).(4)Notwithstanding anything contained in these rules where the family of a deceased employee opts for pension in accordance with sub-rule (5) of rule 3 or is governed by the provisions contained in sub-rules (6) or (7) or (8) of rule 3 ,such family of the deceased shall be eligible for family pension under these rules.
