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

Pension disputes: The Center has issued new guidelines for award 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 fair distribution of family pensions between the spouses of the deceased.

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

Case of a second wife

In the event of multiple widows, the family pension will be distributed equally between them. If a widow no longer qualifies or dies, her share will transfer to her eligible children.

Concerns have been raised about the eligibility of a second wife in the presence of a living first wife. According to the Hindu Marriage Act, having a second wife while the first is alive is against the law. Each case will be reviewed separately to determine the legality of the second marriage. The Department of Legal Affairs will examine the legality of the second marriage before any decision regarding entitlement to family pension.

It is mandatory for all ministries and departments to seek advice from the Department of Legal Affairs in cases where a government employee has two spouses. Such cases should be promptly brought to the attention of the Retirement Benefits Officer of the relevant ministries for appropriate resolution.

These guidelines aim to streamline the process of dealing with family pension matters, ensuring that all determinations are fair and in accordance with the law.

Pension disputes

The Center has also issued new guidelines to improve the way grievances of central government pensioners are addressed. The new guidelines, published by the Department of Pensions and Retiree Welfare, Ministry of Personnel, Public Grievances and Pensions, aim to make the complaints process more sensitive, accessible and efficient. The guidelines were introduced in response to comments by Prime Minister Narendra Modi and are designed to improve the existing grievance redressal system on the CPENGRAMS portal.

Highlights

> Grievance Resolution Officers (GROs) must ensure that each complaint is handled effectively. If a grievance does not fall within their purview, they should quickly refer it to the appropriate manager rather than ignoring it. It is imperative that no grievance be considered resolved until a final resolution has been provided to the complainant.

> Nodal officers will conduct monthly reviews of pension complaints to ensure timely resolution. Additionally, they will analyze complaint patterns and develop strategies to proactively resolve potential issues in the future.

> The government is committed to addressing pension issues quickly, with the aim of resolving them within 21 days. In cases where additional time is required, applicants will receive an interim response describing the delay and expected time frame for resolution.

> If a grievance is closed in a manner that does not satisfy the complainant, the complainant has the right to appeal within 30 days. These appeals will be responded to promptly, with a resolution to be provided within 30 days. Applicants can expect to receive a detailed response addressing their concerns.