The Indian government has issued important new guidelines regarding the distribution of family pensions to ensure fair settlement between two wives of a deceased government servant or pensioner.
This clarification comes under the Central Civil Services (Pension) Rules, 2021, and addresses complex issues surrounding legal marriages and pension eligibility.
Key points from the guidelines:
The Central Civil Services (Pension) Rules, 2021 specify how family pensions are distributed upon the death of a government servant or pensioner. According to Rule 50, the family pension is payable in a specific order: first to the widow or widower, then to children, and lastly to dependent parents and siblings.
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For the purposes of these rules, a ‘widow’ or ‘widower’ refers to a spouse who was legally married to the deceased government servant or pensioner.
If a deceased pensioner has more than one widow, the family pension will be shared equally between them. If one widow passes away or is no longer eligible, her share will be passed on to her eligible children.
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Concerns have been raised about the eligibility of a second wife when the first wife is still alive. Since having a second wife while the first is alive contradicts the Hindu Marriage Act, such cases will be assessed individually. The legality of the second marriage will be reviewed with the Department of Legal Affairs before making any decisions regarding family pension eligibility.
All ministries and departments must consult with the Department of Legal Affairs in cases where a government servant has two wives. These cases should be reported to the pension benefits officer in the respective ministries for proper handling.
These guidelines aim to clarify the process for settling family pensions, ensuring that all decisions are fair and legally sound.
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