New pension rules: Centre issues guidelines on distribution of family pensions in case of two wives of govt servant

Pension disputes: The Centre has released new guidelines concerning the allocation of family pensions in cases where a deceased government servant or pensioner had multiple wives. These guidelines, detailed in the Central Civil Services (Pension) Rules, 2021, aim to ensure equitable distribution of family pensions among the deceased individual's spouses. 

Rule 50 of the Central Civil Services (Pension) Rules, 2021 outlines the specific order in which family pensions are to be distributed following the death of a government servant or pensioner: first to the legally married widow or widower, then to the children, and finally to dependent parents and siblings.

Case of a second wife

In the event that there are multiple widows, the family pension will be divided equally among them. If one widow is no longer eligible or passes away, her share will be transferred to her eligible children.

Concerns have been raised regarding the eligibility of a second wife in the presence of a living first wife. As per the Hindu Marriage Act, having a second wife while the first one is alive goes against the law. Each case will be examined separately to determine the legality of the second marriage. The Department of Legal Affairs will review the second marriage's legality before any decisions are made regarding family pension entitlement.

It is mandatory for all ministries and departments to seek guidance from the Department of Legal Affairs in instances where a government employee has two spouses. Such cases must be promptly brought to the attention of the pension benefits officer in the relevant ministries for appropriate resolution.

These directives are designed to streamline the procedure for addressing family pension matters, guaranteeing that all determinations are just and in accordance with the law.

Pension disputes

The Centre has also issued new guidelines to improve how grievances from central government pensioners are handled, the Centre has issued new guidelines. The new guidelines, issued by the Department of Pension and Pensioners’ Welfare, Ministry of Personnel, Public Grievances & Pensions, are aimed at making the complaint process more sensitive, accessible and effective. The guidelines have been introduced in response to feedback from Prime Minister Narendra Modi and are designed to enhance the existing grievance redressal system on the CPENGRAMS Portal.

Top points

> Grievance Redressal Officers (GROs) need to ensure that every complaint is dealt with effectively. If a grievance falls outside their jurisdiction, they should promptly refer it to the appropriate officer rather than disregarding it. It is imperative that no grievance is considered resolved until a final solution is provided to the complainant.

> Nodal Officers will conduct monthly reviews of pension-related complaints to guarantee timely resolution. Additionally, they will analyze complaint patterns and develop strategies to proactively address potential issues in the future.

> The government is committed to addressing pension concerns promptly, with the goal of resolving them within 21 days. In instances where additional time is necessary, applicants will be provided with an interim response outlining the delay and anticipated timeframe for resolution.

> Should a grievance be closed in a manner that is unsatisfactory to the applicant, they have the right to file an appeal within 30 days. These appeals will be handled promptly, with a resolution to be provided within 30 days. Applicants can expect to receive a thorough response addressing their concerns.