Eligible Member of Family in Order of Priority
Category - I
Lawfully married widow or widower and also judicially separated widow/widower where separation is not on the ground of adultery upto date of death or remarriage, whichever is earlier
Son/daughter (including widowed daughter), including those who born from void marriage or legally adopted or handicapped and whose earning is not more than the prescribed minimum limit and who is below the age of 25 years, upto to the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. The benefit of legally adopted son/daughter to be given on or after 18-01-93.
Category - II
Unmarried/widowed/Divorced daughter, not covered by Category-I above, upto the date of marriage/remarriage or till the date she starts earning or upto the date of death, whichever is earlier. However Unmarried daughter is eligible on or after 06-09-2007 and widowed/ divorced daughter on after-25-08-2004 beyond the age of 25 yrs , if her earning is less than minimum prescribed limit and she is still leaving as unmarried/widowed/divorced life. Handicapped child, who is unmarried and who is unable to earn his/ her livelihood due to his/ her disability beyond the age of 25 yrs. Previously this benefit is restricted to child of those person. Who retired/ died on or after 30.09.1974. However wef. 20-05-87, this benefit has been extended to the child of those pers also who retired or died before 30-09-74.
Parents who were in fact wholly dependent on the soldier when he was alive provided the deceased personnel had left behind neither a widow/widower, nor an eligible child and whose combined (both parents) earning is not more than Rs 2550-pm W.E.F-01-01-1998 and minimum family pension with D.R WEF 01-01-2006. Mother will be given first preference if both parents are alive. It is admissible wef 1.1.98 (financial benefit).
Family pension to the member of category-II shall be payable only after the other eligible members in category-I have ceased to be eligible to receive family pension and there is no disable child to receive the family pension.
Grant of F.P. to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of F.P. in that category.
The dependency criteria for the purpose of F.P. shall be the minimum family pension along with D.R. thereon.
The childless widow of a deceased personnel shall continue to be paid family pension even after her remarriage for PBORs who retires/ died on or after 1.1.2006, subject to the condition that the family pension shall cease once her independent income from all sources become equal to or higher than the minimum prescribed family pension in the central Govt. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the PDA every six months.
Division of Ordinary Family Pension
In this connection, the provision contained in Para 9 (a) to (c) of AI 51/80, AS amended by GOI, MOD letter no. A/06320/Div/AG/PS-4(e)/395/B/D/(P/S) dated 25-05-1992, is as under:-
where an individual is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible child. Provided that if widow leaves no eligible child, the payment of her share of the pension will not lapsed but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full to her.
Where an individual is survived by a widow and has also left behind an eligible child/children from another wife who is not alive, the eligible child of the deceased wife, shall be entitled to the share of pension which the mother would have received if she had been alive at the time of the death of the individual, provided that on the shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Where an individual is survived by a widow and has also left behind an eligible child/children from a divorced wife or wives , the eligible child or children shall be entitled to the share of pension which the mother would have received if she had not been divorced at the time of the death of the individual, provided that on the share or shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Children born out of a void marriage in terms of sec 11 of Hindu Marriage Act 1955 shall be entitled to share the OFP if otherwise eligible, though their mother would not have been eligible for the same had she been alive at the time of death of her husband on account of her marriage being null and void under section 11 of of Hindu Marriage Act 1955.
Except as provided as above, the OFP shall not be payable to more than one member of the family at the same time.
Note- The financial effects of restoration of full share payable on or after 16-02-91.