Pension to be transferred to unmarried medically unfit daughter

[sylvia fernandes]

I was a state govt employee working as a nurse and retired in 1989. I am currently receiving pension. I have an unmarried medically unfit daughter who is 47 years of age and dependent on me for support. She has undergone 2 operations already. My husband also passed away a couple of years earlier and I receive his pension as well. After my demise can my daughter be eligible to receive my husbands as well as my pension. What is the procedure I need to follow since I was told that State Govt employees can only transfer their pension to their dependents in case the dependent daughter/son is ”
1. Below the age of 25 years and can receive pension only upto 25 years of age.
2. She is an HIV pateint
3. She is a cancer patient
4. She is physically challenged
5. She is mentally retarded.
I was told that my unmarried daughter who is now 47 years old is not eligible to receive my pension in the event of my demise. Kindly clarify and guide me to take the necessary steps.

[Dr. Ashok Dhamija]

Please note that eligibility to receive family pension by an unmarried daughter beyond the age of 25 years would depend on the relevant rules of the Government concerned.

Recently, I had written that Family pension to unmarried daughter of more than 25 years age is permissible for the Central Government employees. This is possible in view of the Office Memorandum No. 1/19/03-P&PW (E) dated 6^th September 2007, mentioned in the above reply, which was issued by the Government of India, Ministry of Personnel, P.G. & Pension, Department of Pension & Pensioners’ Welfare, in the case of Central Government employees.

In your question, you have mentioned that you were working with a State Government, though you have not mentioned the state concerned. Likewise, you have mentioned that you are getting family pension in respect of the government service rendered by your husband, but you have not mentioned under which Government he was working. If he was working under the Central Government, then your unmarried daughter of 47 years age also would be entitled to get the family pension after you.

So, you may have to check the relevant family pension rules for the State Government concerned (and, also where your husband was employed). If the relevant rules do not have necessary provisions for family pension to unmarried daughter above the age of 25 years, then it may not be possible for your 47-year old daughter to get such family pension after you.

However, you may request the State Government to change its family pension rules and modify its guidelines to make them similar to the Central Government guidelines on this issue, to implement welfare measures for unmarried daughters. You may also seek help of employee associations in this regard and petition the State Government. Perhaps, good sense may prevail and the State Government may modify its guidelines suitably.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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