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Women Are Now Qualified to Nominate Kids Over Spouse For Pension
A central government woman employee is now eligible to nominate her kid or kids as the recipient of the pension in any case of domestic violence, divorce, dowry, or any other case of marital discord registered against the husband. On Tuesday, 03rd of January 2024, the Indian government modified the Central Civil Services or the Pension rules and devised a mechanism following that. According to the recent reports of NCRB (the National Crime Records Bureau) disclosed in 2022 points, ‘cruelty by husband or his relatives’ attained a majority of crime and violence against women cases at 31.4 percent or over 1.40 lakhs in 2022. Additionally, it also recorded 13,479 cases registered under the Dowry Prohibition Act.
In a diplomatic epistle, the Pension and Pensioners’ Welfare Department said that it received many personalities asking about whether a woman employee or a pensioner can nominate her kids in case of marital discord leading to filing a divorce petition or a case in the court. Later on, the department proceeded to communicate with the Department of Women and Child Development Ministry and amended the rules accordingly.
The Welfare Department said that it is being approved that, in the case of divorce proceedings concerning female central government employees or pensioners that are ongoing or those cases that have been filed or registered against her husband under the Protection of Women from Domestic Violence or Dowry Prohibition Act under IPC (Indian Penal Code), those women can nominate or register their kid or children to attain the family pension instead of their husband after her death.
“The amendment is progressive in nature and empowers women employees in family pension cases,” said Rajasthan’s IAS officer Srinivas.
Before the amendments, the rule stated that in the case of the deceased government employee or pensioner, the family pension is automatically granted to their spouse. Children and other family members are eligible for this pension only if the spouse is in any way ineligible for the family pension or dies.
Upon making amendments to the existing rule the OM has even devised a way to dispose application filed by a female employee for nomination. The nominator or the concerned employee/pensioner is required to hand over writing to the Departmental head regarding the nomination. According to that, in case of death of the applicant and during the pendency of the court proceedings, the family pension shall be granted to the widower in the case of ineligibility of the kid or children for the family pension on the date of death of the female Government employee or pensioner.
Referring to the above, a child here means son or daughter including widowed daughter and they are eligible to receive the family pension up to the date of his/ her marriage/ re-marriage or till the date he/ she starts earning or till the age of 25 years, whichever is the earliest. The period will be for a lifetime if the nominee is suffering from any disorder or disability. In addition to this, if the child is suffering from disability of mind including intellectual disability the family pension in respect of the deceased shall be given to the widower given the condition that he is the guardian of such child/children. This can also be given to a guardian who is other than the widower. Lastly, when all the children are no longer eligible for family pension under Rule 50 of CCS Rules, 2021, the existing family pension shall be given to the widower till his death or remarriage.
