On 2 January 2024, the Ministry of Personnel, Public Grievances, and Pensions declared that female government employees or pensioners can now prioritise nominating their children for family pensions over their husbands in cases of marital discord.
At present, the family pension is initially given to the spouse when a government employee passes away. Only after the spouse becomes ineligible or passes away do the children and other family members qualify for the family pension.
In the case of a pending divorce in court, female employees can nominate their children for a family pension ahead of their spouses. This applies when the female has filed a case against her husband under acts such as the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, or the Indian Penal Code.
The Ministry explained that the Department of Pension and Pensioners’ Welfare received numerous inquiries from ministries and departments about whether a female government servant can nominate her eligible child or children for family pension instead of her spouse in cases of marital issues.
The Ministry also mentioned that if a female government employee passes away and her husband is alive with an adult child, the pension goes to the child. If the child is a minor or has a disability, the guardian receives the pension until the child becomes an adult. The child becomes eligible for the pension once they reach adulthood.
If the children cannot receive the family pension, it will be given to the husband until he either passes away or remarries, whichever happens first. The Ministry stated that this change is a positive step and will greatly empower women employees and pensioners.
