50. Family pension :-
(1) The provisions of this rule shall apply :-
(a) to a Government servant entering service in a pensionable establishment on or after the 29th October, 1979; (b) to a Government servant who was in service on 28th October, 1979 and came to be governed by the provisions of these rules Provided in both the cases covered by clauses (a) and (b) he has been medically examined and found fit for appointment under Government prior to his appointment. (c) To a Government servant who dies after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in Rules 33, 34 and 37 to 40 other than the pension referred to in Rule 35. (2) The family of the deceased shall be entitled to a monthly family pension at 30% of the pay last drawn : Provided that if on the date of death while in service or immediately before retirement, a Government servant has been absent from duty on leave with allowances, the pay shall be taken at what it would have been had he not been absent from duty provided that the amount of family pension is not increased on account of increase in pay not actually drawn and that the benefit of higher officiating or temporary pay is given only if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave. However, in case a Government servant during the currency of leave on average pay not exceeding four months or during the first four months of any period of leave on average pay exceeding four months, earns an increment which is not withheld, he shall be entitled to count the pay which he would have drawn had he remained on duty. If on the date of death while in service or immediately before retirement, a person has been absent from duty being on extraordinary leave or suspension, ‘pay’ will mean the pay which he drew immediately before proceeding on such leave or suspension. (2-A) The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. 3. (a)(i) Where a Government servant dies while in service after having rendered not less than seven years of continuous service, the rate of family pension payable to the family shall be equal to 50% of the pay following the date of death of the Government servant for a period of seven years or till the date on which the Government servant would have reached the age of sixty five years had he remained alive whichever is earlier; and (ii) In the event of death of a Government servant, after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years or for a period up to the date on which the retired deceased Government servant would have attained the age of 65 years had he survived whichever is less : Provided that in no case the amount of family pension determined under this clause shall exceed the pension sanctioned on retirement from Government service: Provided further that where the amount of pension sanctioned on retirement is less than the family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2), and (b) After the expiry of the period referred to in clause (a), the family, in receipt of family pension under the clause shall be entitled to family pension at the rate admissible under sub-rule (2). (4) Where an award under the Extraordinary Pension Rules of Andhra Pradesh is admissible, no family pension under this rule shall be sanctioned. (5) The period for which family pension is payable shall be as follows:- (i) in the case of a widow or widower, up to the date of death or remarriage, whichever is earlier; 1[(ii) In the case of a son until he attains the age of 25 years)]* 1 [(iii) In the case of Unmarried daughter until she attains the age of 25 years or until she gets married, whichever is earlier.]* 2 [Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the 3 [the ages of Son/Daughter as specified in clause (ii) and (iii) above] the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :- (i) If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in clause (ii) of subrule (7) of this rule, until the last child attains the 1 [the ages of Son/Daughter as specified in clause (ii) and (iii) above] and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life; 4 [(ii) If there are more than one such child suffering from disorder or disability of mind, or who are physically crippled or disabled, the family pension shall be paid in the order of their births and younger of them will get the family pension only after the elder next above him/her ceases to be eligible; The benefit of family pension to physically crippled or mentally disabled children, however, is only admissible in respect of Government employees who are entitled to family pension under this rule or under the rules specified in part II of these rules: Provided that where the family pension is payable to such twin children, it shall be paid in the manner set out in item (ii-a)] 1(ii-a) where the family pension is payable to twin children, it shall be paid to such children in equal shares: Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single child/twin children] (iii) the family pension shall be paid to such son or daughter through the guardian as if he/she were a minor; (iv) before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child; (v) the person receiving the family pension as guardian of such son or daughter, shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled. Explanations:- (a) [ 2] (b) a daughter shall become ineligible for family pension under this sub-rule from the date she gets married, (c) the family pension payable to such son or daughter shall be stopped if he/she starts earning his/her livelihood, (d) In such cases it shall be the duty of the guardian to furnish a certificate to the treasury or bank, as the case may be, every month that- (i) he or she has not started earning his /her livelihood; (ii) in case of a daughter, that she has not yet married. (6)(a)(i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. 1 [(ii) On the death or remarriage of widow, her share of the Family Pension shall become payable to her eligible child;] Provided that if the widow is not survived by any child, her share of the family pension shall cease to be payable. (b) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner. (7)(i) Except as provided in sub rule (6), the family pension shall not be payable to more than one member of the family at the same time. (ii) If a deceased Government servant or pensioner leaves behind a widow or widower the family pension shall become payable to the widow or widower, failing which to the eligible child: Provided that the authority competent to sanction the family pension may in a suitable case, for reasons to be recorded in writing, pay the minor children in preference to the widower who is judicially separated. (iii) If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age 1 [as specified in clause (ii) of sub-rule (5)] and thereby become ineligible for the grant of family pension. (8) Where a deceased Government servant or pensioner leaves behind more children than one the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (5), as the case may be, and after the expiry of that period the next eligible child shall become eligible for the grant of family pension. (9) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor. (10) In case both wife and husband are Government servants and are governed by the provisions of these rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of death of the husband and wife the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :- (a)(i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the pensions shall be limited to 2 [five thousand one hundred and ninety rupees per mensum] (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to 2 [five thousand one hundred and ninety rupees per mensum] (b) If both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to 2 [five thousand one hundred and ninety rupees per mensum] 1 [(c) In case a male Government servant has two wives who are Government servants and are governed by these rules and the husband shall be entitled to get family pension on the demise of each of the wives, when they predecease him, the amount of both the family pensions put together shall be limited to 2 [five thousand one hundred ninety rupees per mensum] (11)(a)(i) As soon as a Government servant appointed to pensionable service prior to 19th August, 1979 has completed one year’s continuous service and in other cases as soon as he is appointed after the medical examination and is found fit, he shall furnish the details of his family in Form 3 to : (1) The Pay and Accounts Officer, Hyderabad if he is a Gazetted Officer under his payment control; (2) To the Head of the Office if he is not under the control of the Pay and Accounts Officer. (ii) If the Government servant has no family he shall furnish the details in Form 3 as soon as he acquires a family. (b) The Government servant shall communicate to the Pay and Accounts Officer or the Head of Office, as the case may be, any subsequent change in the size of his family, including the fact of marriage of his female child/children and these changes shall be incorporated in Form 3 as and when such changes are intimated. (c) The Pay and Accounts Officer shall, on receipt of the said Form 3, keep it in safe custody and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf. (d) The Head of Offic.e shall, on receipt of the said Form 3, paste it in service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf.] (12) For the purposes of this rule :- (a) “continuous service” means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include- (i) Period of suspension, if any, and (ii) Period of service, if any, rendered before attaining the age of eighteen years; (b) “family” in relation to a Government servant means- (i) wife in the case of a male Government servant, or husband in the case of a female Government servant. [1 ] Note 1 :- Wife and husband shall include respectively judicially separated wife and husband. Note 2 :- Where the appointing authority referred to in sub-rule (3) of Rule 6 decides that for reasons to be recorded in writing a child or children from a judicially separated deceased female Government servant should receive the family pension in preference to judicially separated husband of the deceased Government servant such husband shall not be regarded as covered by the expression ‘family’. 2 (ii) Sons/daughters including such son/daughter adopted legally before retirement, who have not attained the ages as specified in item (ii) and (iii) of sub-rule (5). 3[(iii) “Sons/daughters born after retirement subject to condition laid down in sub-rule (5)”.] (c) ‘pay’ means the emoluments as specified in Rule 31: Provided that in a case in which average emoluments as referred to in rule 32 are treated as emoluments for the purpose of retirement gratuity referred to in rule 46, such average emoluments shall be treated as pay. (13) Nothing contained in this rule shall apply to- (a) A re-employed Government servant who had retired before 29th October, 1979 from- (i) Civil Service on retiring pension, superannuation pension, or (ii) Military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed; (b) A military pensioner who has retired from military service on or after the 29th October, 1979 or retires from such service after the commencement of these rules, on retiring pension, service pension or invalid pension and is re-employed in a civil service or post before attaining the age of superannuation; (c) A Government servant who, on absorption in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government or any other body, incorporated or not, is sanctioned pension under Rule 35; (d) A person whose employment under the Government is of a casual nature or who is paid form out of the contingencies; (e) A person employed in a work-changed establishment of the Government; and (f) A person employed under the Government on contract basis. Executive Instructions (i) Minimum Family Pension:- (a) The minimum family pension is enhanced to Rs.100/- p.m. w.e.f. 1-4-1980 by G.O. Ms. No.97, Fin. & Plg. (FW:Pen.I) Dept., dated 27-3-1980, it was enhanced to Rs.370/- p.m. w.e.f. 1-12-1989 by G.O. Ms. No.75, Fin. & Plg.(FW:Pen.I) Dept., dated 7-3-1990. Further it was enhanced to Rs.1,275/- per month w.e.f 1.7.98 with monetary benefit from 1.4.99 as per G.O.(P) No.156, Fin & Plg (FW.Pen.I) Dept. dt. 16.9.99. (b) In respect of pensioners drawing two pensions (viz) Service pension and Family pension both pensions are separately eligible for enhancement to a minimum pension of Rs. 1,275/- p.m. However the pensioner is entitled for dearness relief on only one pension whichever is more beneficial to the pensioner.(para 16-1 G.O.(P).No.156, Fin & Plg (FW:Pen.I) Dept.,dt. 16.9.99) (ii) Counting of fraction of 3 months or more:- It was ordered in G.O. Ms. No.268, Fin. & Plg. (FW:Pen.I) Dept., dated 10-9-1983 to count the fraction of the qualifying service of three months or more as one completed six monthly period. The above orders are not applicable to the minimum service of 7 years required for enhanced family pension specified in Rule 50(3)(a)(i) of A.P. Revised Pension Rules, 1980. [Lr. No. 061-A/496/Pen.I/87, dt 13-7-88 of F&P (FW.Pen.I) Dept.] (iii) Enhanced Family Pension in the case of Government servants who lose their lives while performing risk borne official duties:- In respect of Government servants who lose their lives while discharging the risk borne official duties, the family pension is payable at a rate equal to the last pay drawn till the date of superannuation of the deceased employee had he been alive. For the period after the date of superannuation 30% of last drawn pay is admissible till remarriage/death. In case death takes place 3 1/2 years before superannuation, family pension equal to last pay drawn will be payable till the date of superannuation. Thereafter for the left over period of 7 years or 65 years of age of the employee, whichever is earlier, enhanced family pension, as admissible under the normal family pension rules shall be payable after which family pension at 30% of pay last drawn shall be paid till remarriage/death whichever is earlier. (G.O. Ms. No.340, Fin. & Plg. (FW:Pen.I) Dept., dated 8-11-1989) (iv) Period of payment of family pension to the children:- (i) In the case of unmarried daughters of the deceased Government servant/pensioner, the family pension is payable upto attainment of age of thirty years or she gets married whichever is earlier. (G.O. Ms. No.124, Fin. & Plg. (FW:Pen.I) Dept., dated 13-5-1987) (ii) With effect from 1-10-1987, the period of payment of family pension to the children of deceased Government servant / Pensioner is rationalised as follows: (a) in the case of son, till he attains the age of twenty five years or starts earning his livelihood whichever is earlier; (b) in the case of unmarried daughter, till she attains the age of 25 years or gets married or starts earning her livelihood, whichever is earlier. (G.O. Ms. No.278, Fin. & Plg. (FW:Pen.I) Dept., dated 19-10-1987) (v) Payment of Family Pension admissible in respect of physically handicapped children:- The Accountant-General and the Director of Local Fund Audit have to indicate on the Family Pension Payment Orders, the name and eligibility of children suffering from any disorder or disability of mind or is physically crippled or disabled, if reported by Government servants while submitting the pension papers or later, so as to enable such children to get Family Pension without any difficulty after the death of the pensioner and after exhausting all the eligible family members as per proviso to sub-rule (5) of Rule 50 introduced in G.O. Ms. No.52, FIn. & Plg. (FW:Pen.I) Dept., dated 20-2-1984. The pensioner has to appoint a guardian to receive the family pension by such children. (Circular Memo No.13924-G/687/Pen.I/90, dated 27-12-1990 of Fin. & Plg. (FW:Pen.I) Dept.) (vi) Family Pension not admissible to the second wife:- Family pension is not admissible to the second wife as marrying another wife, (when one wife is living) without obtaining the approval of Government, is contrary to rule 25 of A.P. Civil Services (Conduct) Rules, 1964. (Circular Memo No.11027-B/26/Pen.I/87, dated 20-8-1991 of Fin. & Plg. (FW:Pen.I) Dept.) (vii) Admissibility of Family Pension to the children of a divorced wife:- Sub-rule (2) of Rule 8 of A.P. Government servants (Family Pension) Rules, 1964 was amended to enable the children of a divorced wife to get a share of family pension in respect of a deceased Government servant. (G.O. Ms. No.20, Fin. & Plg. (FW:Pen.I) Dept., dated 24-1-1981) (viii) Divorce is not legal separation :- It is clarified that the ‘divorce’ does not come under legal separation as it does not fall under the definition of “family “ as defined in clause (b) of sub-rule (12) of Rule 50 of A.P. Revised Pension Rules, 1980. (G.M. No.12448/162/Admn.II/90, dated 3-9-1990 of Fin. & Plg. (FW:Admn.II) (ix) Simplified procedure to settle the cases of employees dying in service:- Within one month of receipt of intimation of the date of death of the Government servant the amount of family pension shall be determined in accordance with the following provisions: (i) the service and emoluments for the last year of service shall be verified and accepted by the Head of Office/Department and the family pension determined under Rule 50(2) if the deceased Government servant, on the date of death, has rendered morethan one and less than seven years of service. (ii) the service for the last seven years and emoluments for the service rendered in the last year shall be verified and accepted by the Head of the Office/Department and the amount of family pension and the period for which it is payable shall be determined under Rule 50(3) if the deceased Government servant, on the date of death, has rendered more than seven years of service. (iii) if the deceased Government servant, at the time of death, has rendered more than seven years of service and the same is not capable of being verified and accepted by the Head of the Office/Department, but the service rendered during the last year is capable of being verified and accepted, pending verification of service for seven years, family pension in accordance with Rule 50(2) shall be calculated. However, within next two months, the service for the last seven years shall be verified and accepted and the amount of Family Pension at enhanced rate and the period for which it is payable shall bedetermined in accordance with Rule 50(3) of the A.P. Revised Pension Rules, 1980. (G.O. Ms. No.78, Fin. & Plg. (FW:Pen.I) Dept., dated 4-3-1983) (x) Relinquishment of right to Family Pension The cases relating to the relinquishment of right to receive family pension by any eligible member of the family, in favour of another member of the family have to be decided by the Government depending on the merits of each case. As such, all such cases have to be referred to Government for orders. (Govt’s Lr.No.85082-B/1051/Pen.I/84-2, dated 9-2-1985 of Fin. & Plg. (FW:Pen.I) Dept., to the A.G., A.P.) (xi) Grant of Family Pension to the 2nd living wife: Point raised Clarification 1. Whether in respect of cases where Irrespective of the personal the marriage of second wife took Laws, if a Government employ- place prior to the issue of A.P.Civil ee having a living wifecontracted Service (conduct) Rules 1964, the second marriage after the intro- second wife can be allowed family duction of A.P.Civil Services pension irrespective of the Personal (Conduct) Rules 1964, without Laws governing them. the permission of the competent authority, such marriage is null and void and second wife is not entitled to the family pension. On the other hand if the employee contracted second marriage with the permission of the competent authority such wife will have legal status for all purposes for receiving family pen sion alongwith the first wife or the children of the first wife. In terms of sub-rule (6) of rule 50 APRPRs 1980. If the second marriage is contracted before the introduction of A.P. Civil Services (Contract) Rules 1964, Family Pension can be paid in the same manner. 2. Whether family pension can be This point is covered by sub- sanctioned when a pensioner rule (6) of the rule 50 of the is survived by a widow and Andhra Pradesh Revised eligible minor children of the Pension Rules, 1980, accor- second widow. dingly to which the family pension can be shared between one widow and the eligible children of the second widow. No further clarification is necessary. 3. Whether the share of family Where a member of the family pension can be paid to the relinquishes his/her right of second widow if the first wife Family Pension or gratuity in relinquish her rights to their step favour of other members for mother (second wife) irrespective receving the same, the more of the personal laws by which they appropriate course would be to are governed. sanction the family pension or gratuity only in favour of the members entitled to it as per the rules to avoid future complications and litigations of all types. 4. Whether two widows compro- Where two widows compro- mise in a Court of Law and mise in a court of Law and get a get a compromise decree, whether compromise decree, action for family pension can be paid to them sanciton of Family pension shall in equal shares........ have to be taken strictly in accodance with the directions contained in the judgement of the court to avoid future litigation. (Cir. memo.No.36840-A/329/A2/Pen.I/93 dt 11.9.96 of F & P (FW.Pen.I) Dept) (xii) Payment of Dearness Relief to the Family Pensioners who avail the benefit of compassionate appointment :- Dearness relief announced from time to time shall be payable to the pensioners who are employed under the scheme of compassionate appointment. (G.O.Ms.No.89 Fin & Plg (FW.Pen.I) Dept., dt. 25.5.98 w.e.f. 25.5.98) (xiii) Cancellation Dearness Relief on Family pension-who avail the benefit of compassionate appointment :- The orders isssued in G.O.Ms.No.89, (FW:Pen.I) Department, dt. 25.5.98 are cancelled w.e.f. 1.9.2000 [G.O.Ms.No.125 Finance (FW:Pen.I) Dept., dt. 1.9.2000] (xiv) Family Pension for life in respect of handicapped son / daughter of Government Servant watching of certificates prescribed : All the pension disbursing authorities (STOs / PPOs) are to watch the submission of necessary certificate as stipulated in proviso (V) sub-rule (5) under Rule 50 of this rules for payment of Family pension to the handicapped children by making necessary entires in the pension payment order. The pension sanctioning authorities and pension disbursing authorities, who violated the conditions prescribed in the proviso (v) subrule (5) under rule 50 for sanction payment of Family pension to physically handicapped will be viewed seriously and payment made due to their negligence will be liable for recovery from the officers concerned/guardian. (Cir.memo.No.42885/81/A2/Pen.I/99 dt. 26.05.2000) (xv) Family pension to the post-retiral spouses and children - date of effect and payment of cash benefit :- The Family pension to the post retiral spouses / children shall be deemed to have come into existance w.e.f the date of issue of G.O.Ms.No.335, Fin & Plg (Pen.I) Dept. dt 15-9-93. In such the cases of Family pension arrising after that date (i.e.) after 15-9-93, the cash benefit shall be allowed from the suceeding date of death of the husband (i.e.) pensioner. And in such cases of family pension before 15-9-93 the cash benefit shall be allowed from 15-9-93 only and not from the suceeding date of death of service pensioner. (Govt.C.M.No.6066/155/A2/Pen.I/96 dt 2.11.97 of F&P (FW.Pen-I) Department. (xvi) Definition of ‘Family’ for purpose of family pension - Inclusion of widowed/divorced daughters and dependent parent :- The widowed/divorced daughter and parents who were totally dependent on Govt. servant while he was alive and where the deceased employee left behind neither widow nor a child in the definition of family for purposes of Family under Sub-rule 12 of Rule 50 of this rules. a) The Family pension in respect of sons/daughters (including widowed/divorced daughter) will be admissible subject to the condition that the payment should be discontinued/not admissible when the eligible son/daughter starts earning a sum of Rs.2440/-(Rupees two thousand four hundred and forty only) per month from employment in the Government, private sector, self employment etc., It is further clarified that the family pension to the sons/daughters will be admissible till he/she attains 25 years of age or upto the date of his/her marriage/ re-marriage whichever is earlier. b) This also decided not to entertain any grievances for the rectification of any alleged anomaly arising out of the recommendations of the Anomalies Committee in the wake of constitution of the 8th Pay Revision Commission, as ordered in G.O.Ms.No.734, G.A (Spl.A) Dept. dt.17-2-2004 and Go.Rt.No.960, G.A (Spl.A) Dept., dt.1-3-2004. c) All Pension Disbursing Officers, i.e. all Treasury Officers/ Pension Payment Officers are requested to implement these orders with authorization from the Accountant General (A&E) A.P. Hyderabad. d) These orders will come into force w.e.f 22-06-2004 [G.O.(P).No.523, Fin (Pen.I) Dept., dt.22-06-2004]
(a) to a Government servant entering service in a pensionable establishment on or after the 29th October, 1979; (b) to a Government servant who was in service on 28th October, 1979 and came to be governed by the provisions of these rules Provided in both the cases covered by clauses (a) and (b) he has been medically examined and found fit for appointment under Government prior to his appointment. (c) To a Government servant who dies after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in Rules 33, 34 and 37 to 40 other than the pension referred to in Rule 35. (2) The family of the deceased shall be entitled to a monthly family pension at 30% of the pay last drawn : Provided that if on the date of death while in service or immediately before retirement, a Government servant has been absent from duty on leave with allowances, the pay shall be taken at what it would have been had he not been absent from duty provided that the amount of family pension is not increased on account of increase in pay not actually drawn and that the benefit of higher officiating or temporary pay is given only if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave. However, in case a Government servant during the currency of leave on average pay not exceeding four months or during the first four months of any period of leave on average pay exceeding four months, earns an increment which is not withheld, he shall be entitled to count the pay which he would have drawn had he remained on duty. If on the date of death while in service or immediately before retirement, a person has been absent from duty being on extraordinary leave or suspension, ‘pay’ will mean the pay which he drew immediately before proceeding on such leave or suspension. (2-A) The amount of family pension shall be fixed at monthly rates and be expressed in whole rupees and where the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. 3. (a)(i) Where a Government servant dies while in service after having rendered not less than seven years of continuous service, the rate of family pension payable to the family shall be equal to 50% of the pay following the date of death of the Government servant for a period of seven years or till the date on which the Government servant would have reached the age of sixty five years had he remained alive whichever is earlier; and (ii) In the event of death of a Government servant, after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years or for a period up to the date on which the retired deceased Government servant would have attained the age of 65 years had he survived whichever is less : Provided that in no case the amount of family pension determined under this clause shall exceed the pension sanctioned on retirement from Government service: Provided further that where the amount of pension sanctioned on retirement is less than the family pension admissible under sub-rule (2), the amount of family pension determined under this clause shall be limited to the amount of family pension admissible under sub-rule (2), and (b) After the expiry of the period referred to in clause (a), the family, in receipt of family pension under the clause shall be entitled to family pension at the rate admissible under sub-rule (2). (4) Where an award under the Extraordinary Pension Rules of Andhra Pradesh is admissible, no family pension under this rule shall be sanctioned. (5) The period for which family pension is payable shall be as follows:- (i) in the case of a widow or widower, up to the date of death or remarriage, whichever is earlier; 1[(ii) In the case of a son until he attains the age of 25 years)]* 1 [(iii) In the case of Unmarried daughter until she attains the age of 25 years or until she gets married, whichever is earlier.]* 2 [Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the 3 [the ages of Son/Daughter as specified in clause (ii) and (iii) above] the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :- (i) If such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children in the order set out in clause (ii) of subrule (7) of this rule, until the last child attains the 1 [the ages of Son/Daughter as specified in clause (ii) and (iii) above] and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life; 4 [(ii) If there are more than one such child suffering from disorder or disability of mind, or who are physically crippled or disabled, the family pension shall be paid in the order of their births and younger of them will get the family pension only after the elder next above him/her ceases to be eligible; The benefit of family pension to physically crippled or mentally disabled children, however, is only admissible in respect of Government employees who are entitled to family pension under this rule or under the rules specified in part II of these rules: Provided that where the family pension is payable to such twin children, it shall be paid in the manner set out in item (ii-a)] 1(ii-a) where the family pension is payable to twin children, it shall be paid to such children in equal shares: Provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible, the family pension shall be payable to the next eligible single child/twin children] (iii) the family pension shall be paid to such son or daughter through the guardian as if he/she were a minor; (iv) before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a Civil Surgeon setting out, as far as possible, the exact mental or physical condition of the child; (v) the person receiving the family pension as guardian of such son or daughter, shall produce every three years a certificate from a medical officer not below the rank of a Civil Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled. Explanations:- (a) [ 2] (b) a daughter shall become ineligible for family pension under this sub-rule from the date she gets married, (c) the family pension payable to such son or daughter shall be stopped if he/she starts earning his/her livelihood, (d) In such cases it shall be the duty of the guardian to furnish a certificate to the treasury or bank, as the case may be, every month that- (i) he or she has not started earning his /her livelihood; (ii) in case of a daughter, that she has not yet married. (6)(a)(i) Where the family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. 1 [(ii) On the death or remarriage of widow, her share of the Family Pension shall become payable to her eligible child;] Provided that if the widow is not survived by any child, her share of the family pension shall cease to be payable. (b) Where the deceased Government servant or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner. (7)(i) Except as provided in sub rule (6), the family pension shall not be payable to more than one member of the family at the same time. (ii) If a deceased Government servant or pensioner leaves behind a widow or widower the family pension shall become payable to the widow or widower, failing which to the eligible child: Provided that the authority competent to sanction the family pension may in a suitable case, for reasons to be recorded in writing, pay the minor children in preference to the widower who is judicially separated. (iii) If sons and unmarried daughters are alive, unmarried daughters shall not be eligible for family pension unless the sons attain the age 1 [as specified in clause (ii) of sub-rule (5)] and thereby become ineligible for the grant of family pension. (8) Where a deceased Government servant or pensioner leaves behind more children than one the eldest eligible child shall be entitled to the family pension for the period mentioned in clause (ii) or clause (iii) of sub-rule (5), as the case may be, and after the expiry of that period the next eligible child shall become eligible for the grant of family pension. (9) Where family pension is granted under this rule to a minor, it shall be payable to the guardian on behalf of the minor. (10) In case both wife and husband are Government servants and are governed by the provisions of these rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of death of the husband and wife the surviving child or children shall be granted the two family pensions in respect of the deceased parents subject to the limits specified below, namely :- (a)(i) If the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-rule (3), the amount of both the pensions shall be limited to 2 [five thousand one hundred and ninety rupees per mensum] (ii) If one of the family pensions ceases to be payable at the rate mentioned in sub-rule (3), and in lieu thereof the pension at the rate mentioned in sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to 2 [five thousand one hundred and ninety rupees per mensum] (b) If both the family pensions are payable at the rates mentioned in sub-rule (2), the amount of two pensions shall be limited to 2 [five thousand one hundred and ninety rupees per mensum] 1 [(c) In case a male Government servant has two wives who are Government servants and are governed by these rules and the husband shall be entitled to get family pension on the demise of each of the wives, when they predecease him, the amount of both the family pensions put together shall be limited to 2 [five thousand one hundred ninety rupees per mensum] (11)(a)(i) As soon as a Government servant appointed to pensionable service prior to 19th August, 1979 has completed one year’s continuous service and in other cases as soon as he is appointed after the medical examination and is found fit, he shall furnish the details of his family in Form 3 to : (1) The Pay and Accounts Officer, Hyderabad if he is a Gazetted Officer under his payment control; (2) To the Head of the Office if he is not under the control of the Pay and Accounts Officer. (ii) If the Government servant has no family he shall furnish the details in Form 3 as soon as he acquires a family. (b) The Government servant shall communicate to the Pay and Accounts Officer or the Head of Office, as the case may be, any subsequent change in the size of his family, including the fact of marriage of his female child/children and these changes shall be incorporated in Form 3 as and when such changes are intimated. (c) The Pay and Accounts Officer shall, on receipt of the said Form 3, keep it in safe custody and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf. (d) The Head of Offic.e shall, on receipt of the said Form 3, paste it in service book of the Government servant concerned and acknowledge receipt of the said Form 3 and all further communications received from the Government servant in this behalf.] (12) For the purposes of this rule :- (a) “continuous service” means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include- (i) Period of suspension, if any, and (ii) Period of service, if any, rendered before attaining the age of eighteen years; (b) “family” in relation to a Government servant means- (i) wife in the case of a male Government servant, or husband in the case of a female Government servant. [1 ] Note 1 :- Wife and husband shall include respectively judicially separated wife and husband. Note 2 :- Where the appointing authority referred to in sub-rule (3) of Rule 6 decides that for reasons to be recorded in writing a child or children from a judicially separated deceased female Government servant should receive the family pension in preference to judicially separated husband of the deceased Government servant such husband shall not be regarded as covered by the expression ‘family’. 2 (ii) Sons/daughters including such son/daughter adopted legally before retirement, who have not attained the ages as specified in item (ii) and (iii) of sub-rule (5). 3[(iii) “Sons/daughters born after retirement subject to condition laid down in sub-rule (5)”.] (c) ‘pay’ means the emoluments as specified in Rule 31: Provided that in a case in which average emoluments as referred to in rule 32 are treated as emoluments for the purpose of retirement gratuity referred to in rule 46, such average emoluments shall be treated as pay. (13) Nothing contained in this rule shall apply to- (a) A re-employed Government servant who had retired before 29th October, 1979 from- (i) Civil Service on retiring pension, superannuation pension, or (ii) Military service on retiring pension, service pension or invalid pension, and who, on the date of re-employment, had attained the age of superannuation applicable to the post in which he is re-employed; (b) A military pensioner who has retired from military service on or after the 29th October, 1979 or retires from such service after the commencement of these rules, on retiring pension, service pension or invalid pension and is re-employed in a civil service or post before attaining the age of superannuation; (c) A Government servant who, on absorption in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Government or any other body, incorporated or not, is sanctioned pension under Rule 35; (d) A person whose employment under the Government is of a casual nature or who is paid form out of the contingencies; (e) A person employed in a work-changed establishment of the Government; and (f) A person employed under the Government on contract basis. Executive Instructions (i) Minimum Family Pension:- (a) The minimum family pension is enhanced to Rs.100/- p.m. w.e.f. 1-4-1980 by G.O. Ms. No.97, Fin. & Plg. (FW:Pen.I) Dept., dated 27-3-1980, it was enhanced to Rs.370/- p.m. w.e.f. 1-12-1989 by G.O. Ms. No.75, Fin. & Plg.(FW:Pen.I) Dept., dated 7-3-1990. Further it was enhanced to Rs.1,275/- per month w.e.f 1.7.98 with monetary benefit from 1.4.99 as per G.O.(P) No.156, Fin & Plg (FW.Pen.I) Dept. dt. 16.9.99. (b) In respect of pensioners drawing two pensions (viz) Service pension and Family pension both pensions are separately eligible for enhancement to a minimum pension of Rs. 1,275/- p.m. However the pensioner is entitled for dearness relief on only one pension whichever is more beneficial to the pensioner.(para 16-1 G.O.(P).No.156, Fin & Plg (FW:Pen.I) Dept.,dt. 16.9.99) (ii) Counting of fraction of 3 months or more:- It was ordered in G.O. Ms. No.268, Fin. & Plg. (FW:Pen.I) Dept., dated 10-9-1983 to count the fraction of the qualifying service of three months or more as one completed six monthly period. The above orders are not applicable to the minimum service of 7 years required for enhanced family pension specified in Rule 50(3)(a)(i) of A.P. Revised Pension Rules, 1980. [Lr. No. 061-A/496/Pen.I/87, dt 13-7-88 of F&P (FW.Pen.I) Dept.] (iii) Enhanced Family Pension in the case of Government servants who lose their lives while performing risk borne official duties:- In respect of Government servants who lose their lives while discharging the risk borne official duties, the family pension is payable at a rate equal to the last pay drawn till the date of superannuation of the deceased employee had he been alive. For the period after the date of superannuation 30% of last drawn pay is admissible till remarriage/death. In case death takes place 3 1/2 years before superannuation, family pension equal to last pay drawn will be payable till the date of superannuation. Thereafter for the left over period of 7 years or 65 years of age of the employee, whichever is earlier, enhanced family pension, as admissible under the normal family pension rules shall be payable after which family pension at 30% of pay last drawn shall be paid till remarriage/death whichever is earlier. (G.O. Ms. No.340, Fin. & Plg. (FW:Pen.I) Dept., dated 8-11-1989) (iv) Period of payment of family pension to the children:- (i) In the case of unmarried daughters of the deceased Government servant/pensioner, the family pension is payable upto attainment of age of thirty years or she gets married whichever is earlier. (G.O. Ms. No.124, Fin. & Plg. (FW:Pen.I) Dept., dated 13-5-1987) (ii) With effect from 1-10-1987, the period of payment of family pension to the children of deceased Government servant / Pensioner is rationalised as follows: (a) in the case of son, till he attains the age of twenty five years or starts earning his livelihood whichever is earlier; (b) in the case of unmarried daughter, till she attains the age of 25 years or gets married or starts earning her livelihood, whichever is earlier. (G.O. Ms. No.278, Fin. & Plg. (FW:Pen.I) Dept., dated 19-10-1987) (v) Payment of Family Pension admissible in respect of physically handicapped children:- The Accountant-General and the Director of Local Fund Audit have to indicate on the Family Pension Payment Orders, the name and eligibility of children suffering from any disorder or disability of mind or is physically crippled or disabled, if reported by Government servants while submitting the pension papers or later, so as to enable such children to get Family Pension without any difficulty after the death of the pensioner and after exhausting all the eligible family members as per proviso to sub-rule (5) of Rule 50 introduced in G.O. Ms. No.52, FIn. & Plg. (FW:Pen.I) Dept., dated 20-2-1984. The pensioner has to appoint a guardian to receive the family pension by such children. (Circular Memo No.13924-G/687/Pen.I/90, dated 27-12-1990 of Fin. & Plg. (FW:Pen.I) Dept.) (vi) Family Pension not admissible to the second wife:- Family pension is not admissible to the second wife as marrying another wife, (when one wife is living) without obtaining the approval of Government, is contrary to rule 25 of A.P. Civil Services (Conduct) Rules, 1964. (Circular Memo No.11027-B/26/Pen.I/87, dated 20-8-1991 of Fin. & Plg. (FW:Pen.I) Dept.) (vii) Admissibility of Family Pension to the children of a divorced wife:- Sub-rule (2) of Rule 8 of A.P. Government servants (Family Pension) Rules, 1964 was amended to enable the children of a divorced wife to get a share of family pension in respect of a deceased Government servant. (G.O. Ms. No.20, Fin. & Plg. (FW:Pen.I) Dept., dated 24-1-1981) (viii) Divorce is not legal separation :- It is clarified that the ‘divorce’ does not come under legal separation as it does not fall under the definition of “family “ as defined in clause (b) of sub-rule (12) of Rule 50 of A.P. Revised Pension Rules, 1980. (G.M. No.12448/162/Admn.II/90, dated 3-9-1990 of Fin. & Plg. (FW:Admn.II) (ix) Simplified procedure to settle the cases of employees dying in service:- Within one month of receipt of intimation of the date of death of the Government servant the amount of family pension shall be determined in accordance with the following provisions: (i) the service and emoluments for the last year of service shall be verified and accepted by the Head of Office/Department and the family pension determined under Rule 50(2) if the deceased Government servant, on the date of death, has rendered morethan one and less than seven years of service. (ii) the service for the last seven years and emoluments for the service rendered in the last year shall be verified and accepted by the Head of the Office/Department and the amount of family pension and the period for which it is payable shall be determined under Rule 50(3) if the deceased Government servant, on the date of death, has rendered more than seven years of service. (iii) if the deceased Government servant, at the time of death, has rendered more than seven years of service and the same is not capable of being verified and accepted by the Head of the Office/Department, but the service rendered during the last year is capable of being verified and accepted, pending verification of service for seven years, family pension in accordance with Rule 50(2) shall be calculated. However, within next two months, the service for the last seven years shall be verified and accepted and the amount of Family Pension at enhanced rate and the period for which it is payable shall bedetermined in accordance with Rule 50(3) of the A.P. Revised Pension Rules, 1980. (G.O. Ms. No.78, Fin. & Plg. (FW:Pen.I) Dept., dated 4-3-1983) (x) Relinquishment of right to Family Pension The cases relating to the relinquishment of right to receive family pension by any eligible member of the family, in favour of another member of the family have to be decided by the Government depending on the merits of each case. As such, all such cases have to be referred to Government for orders. (Govt’s Lr.No.85082-B/1051/Pen.I/84-2, dated 9-2-1985 of Fin. & Plg. (FW:Pen.I) Dept., to the A.G., A.P.) (xi) Grant of Family Pension to the 2nd living wife: Point raised Clarification 1. Whether in respect of cases where Irrespective of the personal the marriage of second wife took Laws, if a Government employ- place prior to the issue of A.P.Civil ee having a living wifecontracted Service (conduct) Rules 1964, the second marriage after the intro- second wife can be allowed family duction of A.P.Civil Services pension irrespective of the Personal (Conduct) Rules 1964, without Laws governing them. the permission of the competent authority, such marriage is null and void and second wife is not entitled to the family pension. On the other hand if the employee contracted second marriage with the permission of the competent authority such wife will have legal status for all purposes for receiving family pen sion alongwith the first wife or the children of the first wife. In terms of sub-rule (6) of rule 50 APRPRs 1980. If the second marriage is contracted before the introduction of A.P. Civil Services (Contract) Rules 1964, Family Pension can be paid in the same manner. 2. Whether family pension can be This point is covered by sub- sanctioned when a pensioner rule (6) of the rule 50 of the is survived by a widow and Andhra Pradesh Revised eligible minor children of the Pension Rules, 1980, accor- second widow. dingly to which the family pension can be shared between one widow and the eligible children of the second widow. No further clarification is necessary. 3. Whether the share of family Where a member of the family pension can be paid to the relinquishes his/her right of second widow if the first wife Family Pension or gratuity in relinquish her rights to their step favour of other members for mother (second wife) irrespective receving the same, the more of the personal laws by which they appropriate course would be to are governed. sanction the family pension or gratuity only in favour of the members entitled to it as per the rules to avoid future complications and litigations of all types. 4. Whether two widows compro- Where two widows compro- mise in a Court of Law and mise in a court of Law and get a get a compromise decree, whether compromise decree, action for family pension can be paid to them sanciton of Family pension shall in equal shares........ have to be taken strictly in accodance with the directions contained in the judgement of the court to avoid future litigation. (Cir. memo.No.36840-A/329/A2/Pen.I/93 dt 11.9.96 of F & P (FW.Pen.I) Dept) (xii) Payment of Dearness Relief to the Family Pensioners who avail the benefit of compassionate appointment :- Dearness relief announced from time to time shall be payable to the pensioners who are employed under the scheme of compassionate appointment. (G.O.Ms.No.89 Fin & Plg (FW.Pen.I) Dept., dt. 25.5.98 w.e.f. 25.5.98) (xiii) Cancellation Dearness Relief on Family pension-who avail the benefit of compassionate appointment :- The orders isssued in G.O.Ms.No.89, (FW:Pen.I) Department, dt. 25.5.98 are cancelled w.e.f. 1.9.2000 [G.O.Ms.No.125 Finance (FW:Pen.I) Dept., dt. 1.9.2000] (xiv) Family Pension for life in respect of handicapped son / daughter of Government Servant watching of certificates prescribed : All the pension disbursing authorities (STOs / PPOs) are to watch the submission of necessary certificate as stipulated in proviso (V) sub-rule (5) under Rule 50 of this rules for payment of Family pension to the handicapped children by making necessary entires in the pension payment order. The pension sanctioning authorities and pension disbursing authorities, who violated the conditions prescribed in the proviso (v) subrule (5) under rule 50 for sanction payment of Family pension to physically handicapped will be viewed seriously and payment made due to their negligence will be liable for recovery from the officers concerned/guardian. (Cir.memo.No.42885/81/A2/Pen.I/99 dt. 26.05.2000) (xv) Family pension to the post-retiral spouses and children - date of effect and payment of cash benefit :- The Family pension to the post retiral spouses / children shall be deemed to have come into existance w.e.f the date of issue of G.O.Ms.No.335, Fin & Plg (Pen.I) Dept. dt 15-9-93. In such the cases of Family pension arrising after that date (i.e.) after 15-9-93, the cash benefit shall be allowed from the suceeding date of death of the husband (i.e.) pensioner. And in such cases of family pension before 15-9-93 the cash benefit shall be allowed from 15-9-93 only and not from the suceeding date of death of service pensioner. (Govt.C.M.No.6066/155/A2/Pen.I/96 dt 2.11.97 of F&P (FW.Pen-I) Department. (xvi) Definition of ‘Family’ for purpose of family pension - Inclusion of widowed/divorced daughters and dependent parent :- The widowed/divorced daughter and parents who were totally dependent on Govt. servant while he was alive and where the deceased employee left behind neither widow nor a child in the definition of family for purposes of Family under Sub-rule 12 of Rule 50 of this rules. a) The Family pension in respect of sons/daughters (including widowed/divorced daughter) will be admissible subject to the condition that the payment should be discontinued/not admissible when the eligible son/daughter starts earning a sum of Rs.2440/-(Rupees two thousand four hundred and forty only) per month from employment in the Government, private sector, self employment etc., It is further clarified that the family pension to the sons/daughters will be admissible till he/she attains 25 years of age or upto the date of his/her marriage/ re-marriage whichever is earlier. b) This also decided not to entertain any grievances for the rectification of any alleged anomaly arising out of the recommendations of the Anomalies Committee in the wake of constitution of the 8th Pay Revision Commission, as ordered in G.O.Ms.No.734, G.A (Spl.A) Dept. dt.17-2-2004 and Go.Rt.No.960, G.A (Spl.A) Dept., dt.1-3-2004. c) All Pension Disbursing Officers, i.e. all Treasury Officers/ Pension Payment Officers are requested to implement these orders with authorization from the Accountant General (A&E) A.P. Hyderabad. d) These orders will come into force w.e.f 22-06-2004 [G.O.(P).No.523, Fin (Pen.I) Dept., dt.22-06-2004]