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16. Benefits to the family on the death of a member.- (1) Pension to the family shall be admissible from the date following the date of death of the member if the member dies :—

(a) while in service, provided that at least one month’s contribution has been paid into the Employees’ Pension Fund, or

(b) after the date of exit but before attaining the age of 58, from the employment having rendered service entitling him/her to monthly members’ pension but before the commencement of pension payment, or,

(c) after commencement of payment of the monthly members pension.

Note.—The cases where a member has rendered less than 10 years eligible service on the date of exit but has retained the membership of the Pension Fund, and dies before attaining the age of 58 years, shall be regulated under sub-paragraph (8) of paragraph 12.

(2) (a) The monthly widow pension shall be :—

(i) In the cases covered by clause (a) of sub-paragraph (1) equal to the monthly member’s pension which would have been admissible as if the member had retired on the date of death or Rs. 450 or the amount indicated in Table “C” whichever is more.

(ii) In the cases covered by clause (b) of sub-paragraph (1), equal to the monthly members pension which would have been admissible as if the member had retired on the date of exit or Rs. 450 per month or the amount indicated in Table “C” whichever is more.

(iii) In the cases covered by clause (c) of sub-paragraph (1), equal to 50 per cent of the monthly members pension payable to the member on the date of his death subject to a minimum of Rs. 450 per month.

(iv) In all the cases, where the amount of family pension sanctioned under the ceased Family Pension Scheme, 1971, and is paid/payable under this scheme is less than Rs. 450 per month, the amount of family pension in such cases shall be enhanced to Rs. 450 per month.

(b) The monthly widow pension shall be payable up to the date of death of the widow or re-marriage, whichever is earlier.

Note.—In cases where there are two or more widows, family pension shall be payable to the eldest surviving widow. On her death it shall be payable to the next surviving widow, if any. The term “eldest” would mean seniority with reference to the date of marriage.

(3) Monthly children pension :—

(a) If there are any surviving children of the deceased member, falling within the definition of family, they shall be entitled to a monthly children pension in addition to the monthly widow/widower pension.

(b) Monthly children pension for each child shall be equal to 25 per cent of the amount admissible to the widow/widower of the deceased member as monthly widow pension payable under sub-paragraph (2)(a)(i) provided that minimum monthly children pension for each child of the deceased member shall not be less than Rs. 150 per month.

(c) Monthly children pension shall be payable until the child attains the age of 25 years.

(d) The monthly children pension shall be admissible to a maximum of two children at a time and will run from the oldest to the youngest child in that order.

(e) If a member dies leaving behind a family having son or daughter who is permanently and totally disabled, such son or daughter shall be entitled to payment of monthly children pension or orphan pension, as the case may be, irrespective of age and number of children in the family in addition to the pension provided under clause (d).

(4) (a) If the deceased member is not survived by any widow but is survived by children falling within the definition of family or if the widow pension is not payable, the children shall be entitled to a monthly orphan pension equal to 75 per cent of the amount of the monthly widow pension as payable under sub-paragraph (2)(a)(i) provided that the minimum monthly orphan pension for each orphan shall not be less than Rs. 250 per month.

(b) In the event of death or remarriage of the widow/widower after sanctioning of widow/widower pension the children shall be entitled in lieu of the monthly children pension, to a monthly orphan pension from the date following the date of death/remarriage of the widow/widower.

(c) The monthly orphan pension shall be admissible to a maximum of two orphans at a time and shall run in order from the oldest to the youngest orphan.

(5) (a) A member who is not married or who does not have any living spouse and/or an eligible child may nominate a person to receive benefits as laid down hereinafter provided that in the event of his/her acquiring a family subsequently, the nomination so made shall become void. In the event of death of the member such a nominee shall be entitled to receive a monthly pension equal to the monthly widow pension, as admissible under sub-clauses (i) and (ii) of clause (a) of sub-paragraph (2).

(aa) If a member dies leaving behind no spouse and/or an eligible child falling within the definition of family and no nomination by such deceased member exists, the widow pension shall be paid under sub-clauses (i) and (ii) of clause (a) of sub-paragraph (2) either to the dependant father or the dependant mother, as the case may be. On grant of pension to such dependant father and in the event of death of the father pensioner, the admissible pension shall be extended to the surviving mother life long.

(b) If the deceased member had not rendered pensionable service on the date of exit from the employment which would have made him entitled to a monthly members pension under paragraph 12, but had opted to retain the membership of this Scheme under sub-paragraph (8) of paragraph 12, the nominee or the dependant father or the dependant mother, as the case may be shall be entitled to return of capital as provided in sub-paragraph (1) of paragraph 13.

 

 

 

 

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