Family pension: Women IAS, IPS, IFS officers can choose children over spouses; check details

In a new development, female government employees in the All India Services are now able to nominate their children for family pensions instead of their husbands. The Department of Personnel and Training (DoPT) has expanded the family pension rule to prioritize children over their father in receiving family pension, if their mother chooses to nominate them.

A family pension is awarded to the recipient following the employee's passing. It's worth mentioning that the alteration in the Central Civil Services (Pension) Rules, 2021, made in 2024, enabled female government employees to designate their children (both sons and daughters) for the family pension. This change aims to assist individuals who are dealing with ongoing marital conflicts and have cases pending in court under laws like the Protection of Women from Domestic Violence Act and the Dowry Prohibition Act.

For the All India Services, such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS), Rule 22 of All India Services (Death-cum-Retirement Benefits) Rules, 1958 is in effect. As per this rule, family pension is initially granted to the spouse of a deceased member of service or pensioner. Only after the spouse becomes ineligible for family pension or passes away, do the children and other family members become eligible for family pension in succession.

Rule 22 of All India Services (Death-cum-Retirement Benefits) Rules, 1958, states: "If a deceased member of service or pensioner is survived by a spouse, family pension is first granted to the spouse, and the children and other family members become eligible for family pension, on their turn, only after the spouse of the deceased member of service/pensioner becomes ineligible for family pension or dies”.

The DoPPW had previously approved provisions in an order dated January 1, 2024, allowing female government employees to nominate their children for family pension in cases of family disputes in court. Through a recent order, the DoPT has extended these provisions to female employees of the All India Services. The order states, "The provisions mentioned in the aforementioned O.M. dated 01.01.2024 of the Department of Pension & Pensioners' Welfare are now applicable mutatis mutandis to members of All India Services".

Pension reforms for divorced daughters

The government has recently amended its family pension rules to allow divorced or separated daughters to claim their deceased father's pension directly, eliminating the need for a legal decision. This change, introduced by Union Minister Jitendra Singh, aims to simplify the process and provide prompt financial assistance to women in difficult situations. The updated regulations intend to prevent women going through marital separation or divorce from facing financial difficulties.

The revised regulations now allow a female retiree to select her children for family pension over her spouse if she has commenced divorce proceedings or sought protection under laws safeguarding women from domestic violence or dowry harassment. Furthermore, a widow without children can remarry while still obtaining her late husband's pension, provided her income falls below the specified minimum pension threshold. These modifications are designed to enhance the self-governance and safety of women, guaranteeing financial independence regardless of their marital status. By addressing these legal ambiguities, the government is demonstrating a proactive commitment to advocating for women's financial rights.