The government allows female employees to nominate children for family pensions

In a significant move, the Ministry of Personnel, Public Grievances, and Pensions announced on Tuesday, 2 January 2024, that female government servants or pensioners can now nominate their children for family pensions, taking precedence over their husbands in cases of marital discord.

The current practice grants family pensions primarily to the spouse following the demise of a government servant. Only after the spouse becomes ineligible or passes away do the children and other family members become eligible for the family pension.

The Department of Pension and Pensioners’ Welfare, under the ministry, revealed that it has received numerous references from various ministries and departments seeking guidance on whether a female government servant could nominate her eligible child or children for the family pension instead of her spouse in case of marital discord.

The new provision allows a female employee to nominate her children for a family pension before her spouse if there is a pending divorce case in any court. The eligibility criteria include filing a case against the husband under the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, or the Indian Penal Code.

The ministry clarified that if a deceased female government employee is survived by a widower with a child who has reached the age of majority or is eligible for a family pension, the family pension will be payable to the child. In the case of a minor or a child with a disability, the pension will be directed to the guardian, becoming accessible to the child upon reaching adulthood.

If the children are ineligible for the family pension, it will be paid to the widower until his death or remarriage, whichever occurs earlier.

The ministry emphasized that this amendment is progressive and will significantly empower women employees and pensioners. This move reflects a shift towards providing greater autonomy to female government servants in determining the distribution of family pensions, especially in situations of marital discord.