Government issues Family Pension Rules for Employees with Two Wives [Download PDF]

In a recent Office Memorandum, the Ministry of Personnel, Public Grievances, and Pensions has provided new guidelines regarding family pension settlements in cases where a deceased government servant or pensioner had two wives. The Department of Pension and Pensioners’ Welfare has updated the Central Civil Services (Pension) Rules, 2021, replacing the previous 1972 rules. These updates provide clearer instructions on the payment of family pensions to multiple spouses.

Key Clarifications on Family Pension Rules

The Central Civil Services (Pension) Rules, 2021, particularly Rule 50, outlines the hierarchy for determining who is eligible to receive a family pension upon the death of a government servant or pensioner. The order of eligibility includes:

1. Widow or Widower: This includes spouses married after the pensioner’s retirement and those judicially separated.
2. Children: Including adopted children, stepchildren, and children born post-retirement.
3. Dependent Parents: This includes adoptive parents of the deceased.
4. Dependent Siblings: Brothers or sisters with mental or physical disabilities.

Importantly, the terms “widow” and “widower” refer to legally wedded spouses of the deceased.

Equal Share of Pension for Multiple Widows

In situations where a deceased government servant or pensioner leaves behind more than one widow, the family pension will be equally divided among the widows. If one of the widows passes away or becomes disqualified, her share will be transferred to her eligible child or children, as per the rules.

Second Marriage and Pension Eligibility

The memorandum also addresses the eligibility of a second wife when the first wife is still alive. Under the Hindu Marriage Act of 1955, entering into a second marriage while the first spouse is alive is not legally permissible. This creates a conflict with the provisions of the CCS (Pension) Rules, 2021.

To address such cases, the Ministry has ruled that the legality of a second marriage must be reviewed by the Department of Legal Affairs. Only after this review will the eligibility of the second wife for family pension benefits be determined, following the guidelines set out in the 2021 rules.

Ministry Guidelines for Settling Family Pensions

All government ministries and departments are required to consult with the Department of Legal Affairs before making decisions about family pension settlements involving two spouses. Cases involving multiple wives must be brought to the attention of the officer responsible for pension benefits to ensure proper processing. These clarifications aim to ensure a fair and lawful settlement process for family pensions, especially in complex cases involving more than one spouse.