KARNATAKA GOVERNMENT SERVANTS' (FAMILY PENSION) RULES, 1964

 

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers hereunto enabling, the Government of Karnataka hereby makes the following rules.--

Rule - 1.

These rules may be called the Karnataka Government Servants' (Family Pension) Rules, 1964.

Rule - 2.

They shall be deemed to have come into force on the 1st December, 1964.

Rule - 3.

These rules shall be applicable to.--

(i)       all Government servants appointed regularly to pensionable posts on or after 1st December, 1964;

(ii)      all Government servants who held pensionable posts on 1st December, 1964 having been appointed regularly to the same before that date and who are governed by the Pension Rules contained in the Karnataka Civil Services Rules, provided they exercise an option in favour of these rules or fail to exercise any option within the time allowed as provided for in Rule 11 of these rules;

(iii)     all Government servants who held pensionable posts on 1st December, 1964 having been appointed regularly to the same before that date and were governed by the Old Pension Rules of the Karnataka Services Regulations, the Hyderabad Civil Services Rules, the Bombay Civil Services Rules, the Civil Service Regulations and the Madras Pension Code whereunder they did not have the benefits of Family Pension and Death-cum-retirement Gratuity, provided they exercise an option in favour of these rules as provided for in Rule 11 of these rules.

Rule - 4.

These rules are not applicable to the following.--

(a)      Government servants who retired (before 1st December, 1964);

(b)      Persons paid from Contingencies;

(c)      Work charged Staff;

(d)      Casual Labour;

[1][(e) (i) Government servants who retired before 1st December, 1964 on retiring or superannuation pension but may be re-employed on that date or thereafter;

(ii) Military personnel of the Defence services who retired with retiring/service/invalid pension but may be re-employed in Civil Posts under Government on or after 1st December, 1964, if they have reached on the date of reemployment, superannuation age as applicable on the civil side to the category of post to which the reemployment is made;]

(f)    Officers appointed on contract;

(g)   Locally appointed candidates (Local Candidates).

Rule - 5.

[2][(1)] Subject to the provisions hereafter contained, where a Government servant having put in a continuous service for a period of not less than one year dies while in service or after retirement on or after 1st December, 1964, a Family Pension shall be granted according to the scale specified below.--

[4][Provided that where a Government servant dies on or after 1st January, 1977, family, pension shall be granted according to the scales prescribed below.--

Provided further that in cases where family pension is determined with reference to the provisions of this rule as in force prior to the 1st day of January, 1977, the total amount of the family pension and the dearness allowance admissible thereon shall be treated as family pension, with effect from the 1st day of January, 1977, and shall be subject to a minimum of ninety rupees per month.]

[5][Note 1. The amount of family pension shall be subject to a minimum of Rs. 40 per mensem with effect from 1st April, 1973.]

[6][Note 2.] (i) The pay for the purpose of this rule means the pay as defined in Rule 8(32) of the Karnataka Civil Services Rules, which the Government servant was drawing on the date of his death, while in service or immediately before his retirement. If on the date of his death while in service or immediately before his retirement a person has been absent from duty on leave with allowances, his pay should be taken at what it would have been had he not been absent from duty; provided that the amount of Family pension is not increased on account of increase in pay not actually drawn and that benefit of higher officiating or temporary pay is given only if it is certified that he would have continued to hold the higher officiating or temporary appointment but for his proceeding on leave. In case a Government servant during the currency of leave on average pay not exceeding four months or the first four months of any period of leave on average pay exceeding four months, earns an increment which is not withheld he is entitled to count the pay which he would have drawn had he remained on duty. If on the date of death while in service or immediately before retirement a person has been absent from duty being on extraordinary leave or suspension, 'pay' will continue to mean the pay which he drew immediately before proceeding on such leave or suspension. The term 'pay' includes 'Dearness Pay' also.]

(ii) The minimum service of one year, envisaged in this rule means simple one year's continuous service, permanent or temporary (including officiating), in a pensionable establishment This period of one year will not include periods of extraordinary leave, suspension, declared not counting as duty for purposes of pension and boy service.

(iii) Commutation of pension will have no effect on the quantum of family pension under these rules since the rate of family pension is based on the pay which the Government servant was drawing immediately before retirement and not on the pension sanctioned to him.

[7][(2) Notwithstanding the provisions of sub-rule (1), the family of a Government servant shall be eligible to receive a family pension, subject to the provisions of these rules, even though he may not have put in a continuous service for a period of not less than one year as on the date of his death or immediately before his retirement.]

Rule – [5A.

Subject to the provisions contained in Rule 5 of these rules, where a Government servant having put in a [8][qualifying service] for a period of not less than seven years dies while in service, a family pension shall be granted as indicated below.--

(i)       For a period of 7 years from the date [9][following the date] of death or till the date on which the Officer would have reached the normal age of superannuation had he remained alive, whichever period is shorter, the pension payable shall be 50 per cent of the basic pay last drawn by the Government servant [10][subject to a minimum of Rs. 30 per month and maximum of twice the family pension admissible under Rule 5 of these rules]; and

(ii)      The family pension payable after the period mentioned at (i) above, shall be at the rates laid down in Rule 5 of these rules.]

[11][Note 1.--The family pension admissible under this rule shall be subject to a minimum of Rs. 40 per mensem with effect from 1st April, 1973.]

[12][[13][Note 2]--The benefits derivable under this rule shall be allowed in cases of death occurring on or after the First day of December, 1964, but the enhanced family pension shall be payable only from 2nd November, 1966.]

[14][Note 2.--Where both father and mother die while in service after rendering, service of not less than seven years and on their death the children become eligible for two family pensions, so long as the minor children remain eligible to draw two family pensions at the enhanced rates and the amounts of these two family pensions together exceeds Rs. 300 p.m. both the pensions together will be limited to Rs. 300 p.m. When one of the family pension ceases to be payable at the enhanced rates, the limit of Rs. 300 will continue to apply so long as the minor children continue to draw the second family pension at the enhanced rates and the first family pension under Rule 5. The limit of Rs. 150 p.m. will apply when both the family pensions are drawn by the minor children at the rates prescribed in Rule 5.]

[15][Note 3.--The benefits derivable under this rule shall be allowed in cases of death occurring before 1st January, 1977:]][16]

Rule - [5B.

A Government servant who dies while in service on or after 1st January, 1977 after having rendered a qualifying service of not less than seven years, family pension shall be paid at an enhanced rate equal to 50 per cent of the pay last drawn or twice the family pension normally admissible, whichever is less; family pension at such enhanced rates shall be payable for a period of seven years or till the date on which the employee would have attained the age of 62 years if he had survived, whichever is earlier.][17]

Rule - [5C.

A Government Servant who dies while in service on or after First day of July, 1986, family pension shall be granted with effect from the First day of July, 1987 to the scales specified below.--

Rule - 5D.

A Government servant who dies while in service on or after First day of July, 1986 after having rendered a qualifying service of not less than seven years, the family pension shall be paid with effect from the First day of July, 1987 at an enhanced rate equal to fifty per cent of the emoluments last drawn or the twice the family pension normally admissible whichever is less for a period of seven years or till the date on which the Government Servant would have attained the age of sixty-five years if he had survived, whichever is earlier.

Rule - 5E.

In the event of death on or after First day of July, 1986 of both father and mother who were Government Servants the family pension payable to minor children with effect from the First day of July, 1987, shall be subject to a total of Rs. 1,250/- per month provided both employee were governed by these rules.][18]

Rule - [5F.

A Government servant who dies while in service or after retirement on or after the First day of April, 1998, the Family Pension shall be granted according to the scales specified below.--

Rule - 5G.

In the event of death of both father and mother who were Government servants, on or after the First day of April, 1998, the Family Pension payable to the minor children with effect from First day of April, 1998 shall be such sum not exceeding Rs. 3,381 per month, provided both the father and mother were governed by these rules.][19]

Rule - 6.

No Family pension under these rules is payable to the Family of a Government servant who dies after retirement, unless at the time of death he was in receipt or eligible to be paid any of the following pensions; viz.,

(1)     Compensatory Pension;

(2)     Invalid Pension;

(3)     Retiring Pension; or

(4)     Superannuation Pension;

[20][(5) Compassionate Allowance.]

[21][(6) Disability Pension under the Karnataka Civil Services (Extraordinary Pension) Rules, 1980.]

[22][(7) Ad hoc pension granted under Rule 210 of the Karnataka Civil Services Rules.]

Rule - 7.

In these rules unless the context otherwise (sic) 'Family' means the following relatives of a Government servant;

(a)      Wife or as the case may be, Husband;

(b)      Minor [23][sons];

(c)      Unmarried minor [24][daughters];

Note.--(i) (b) and (c) include children legally adopted before retirement;

[25][(ii) x x x x x.]

[26][(iii) A judicially separated wife/husband does not lose her/his status of wife/husband of the Government servant and is eligible for the benefits of these rules, unless the judicial separation is granted on the ground of adultery and the surviving member was held guilty of adultery:

Provided that the Authority Competent to sanction the family pension may in a suitable case, for reasons to be recorded in writing, pay the minor children in preference to the widower or widow who is judicially separated.]

[27][(iv) For the purpose of these rules, a divorced wife or husband of the Government servant shall be deemed to have predeceased the Government servant and shall not be eligible for the family pension under these rules; but the minor children born to such Government servant from the divorced wife or husband before the divorce shall, however, be eligible for the share of family pension under these rules in the manner indicated in Explanation 2 below clause (c) of Rule 8.]

[28][(v) (a) If a person, who in the event of death of a Government Servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government Servant or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceedings instituted against him;

(b) If on the conclusion of the criminal proceedings referred to in clause (a) the person concerned.--

(i)       is convicted for the murder or abetting in the murder of the Government Servant, such a person shall be debarred from receiving family pension which shall be payable to other eligible member of the family, from the date of death of the Government Servant;

(ii)      is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall be payable to such a person from the date of death of the Government servant.

(c) The provision of clause (a) and clause (b) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.]

[29][Provided that if the son or daughter of a Government servant is suffering from any disorder or disability of mind or is physically crippled or disabled (including blindness) so as to render him or her unable to earn a living even after attaining the age of 18 years in the case of the son or 21 years in the case of the daughter, the family pension shall be payable to such son or daughter for life subject to the following condition.--

(i)       if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the minor children in the order set out in Explanation 2 below clause (c) of Rule 8 until the last minor child attains the age of 18 or 21 years, as the case may be, and thereafter the family pension shall be resumed in favour of the son or daughter suffering from, disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

[30][(ii) If there are more such children than one suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them, will get the family pension only after the elder next above him or her ceases to be eligible:

Provided that, where the family pension is payable to twin children, it shall be paid to each child in equal shares.]

(iii)   the family pension shall be paid to such son "or daughter through the guardian as if he or she were a minor;

(iv)   before allowing the family pension for life to any such son or daughter, the sanctioning authority shall satisfy that the handicap is of such a nature, as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate [31][in Form F] obtained from a medical officer not below the rank of District Surgeon setting out, as far as possible/the exact mental or physical condition of the child:

[32][Provided that pension is not admissible to cases of diabetes, dwarfism etc., which cannot be termed as disabilities as these do not come in the way of earning livelihood as in the case of mental imbalance, physical crippleness etc., since Government servants suffering from diabetes etc., continue to discharge their duties as Government servants.]

(v)   the person receiving the family pension as guardian of such son or daughter shall produce every three years a certificate 29[in Form F] from a medical officer not below the rank of a District Surgeon to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled.]

Rule - 8.

Family Pension admissible under these rules shall be sanctioned to the Family of the deceased Government servant in the following order.--

(a)      Where the- Government servant dies leaving his or her surviving a widow or widower, to such widow or as the case may be widower of the Government servant, [33][xxxxx].

(b)      Where the Government servant dies leaving him or her surviving no widow or widower to the eldest minor son or minor daughter, if any, of the Government servant.

(c)      Where the deceased Government servant's widow or widower to whom the Family Pension is sanctioned under sub-rule (a) dies or remarries, the Family Pension shall thereafter to be paid to the eldest minor son or unmarried minor daughter of the deceased Government servant, if any, on the date of the death or remarriage of the such, widow or widower till such minor son attains the age of 18 years or such un-married minor daughter marries or attains the age of 21 years whichever event occurs earlier.

[34][Explanation 1.--For the purpose of this rule 'widower' means the husband-of the deceased Government servant provided he has no other wife living.]

[35][Explanation 2.--Family pension to the children shall be payable in; the order of their birth and the younger of them will not be eligible for family pension unless the elder next above him or her has become ineligible for the grant of family pension:

Provided that, where the family pension is payable to twin children, it shall be paid to each child in equal shares.]

[36][[37][(d) If a Government servant had married more than one wife [38][with the permission of the Government under Rule 28 of the Karnataka Civil Services (Conduct) Rules, 1966] the family pension shall be divided among them equally; the share in respect of each wife shall be paid to her; if she is not alive, it shall be paid to her minor children in the manner indicated in the Explanation 2 below clause (c) When the last member eligible to receive such a share in respect of a wife ceases to be eligible to receive it, such share shall be divided equally among all the other members of the family eligible for family pension on that date. This process of transfer by division among the other beneficiaries shall continue till the last beneficiary of the family ceases to be eligible for family pension.]

[39][(e) x x x x x.]]

Note.--(i) A Government servant/Pensioner may be paid Family Pension under this scheme in addition to his/her pay or pension.

(ii) In the event of death of the father and mother who were both Government employees, the minor children will be eligible to draw two family pensions subject to a total of [40][Rs. 250] per mensem provided both the employees were governed by this scheme.

(iii) Where the family pension is payable to minor children, it may be paid through their natural guardians. In disputed cases, the payment will be made through a legal guardian:

[41][(iv) In the event of death of the father and mother after 1st January, 1977 who were both Government employees, the minor children will be eligible to draw two family pensions subject to a total of Rs. 250/- per month provided both the employees were governed by this scheme.]

Rule - 9.

The Family Pension granted under these rules shall be paid.--

(a)      Where the grantee is the wife or husband of the deceased Government servant, till her or his death or where he or she remarries, till such remarriage;

(b)      Where the -grantee is a minor son, till he attains the age of 18 years;

(c)      Where the grantee is an un-married minor daughter of the deceased Government servant, till she attains the age of 21 years or marries, whichever event occurs earlier.

Rule - 10.

Notwithstanding anything contained in Rule 292 M.C.S.Rs. or the corresponding rules in the B.C.S.Rs., H.C.S.Rs C.S.Rs., or M.S.Rs., every Government servant eligible to the benefits of these rules will be required to surrender a portion of the gratuity, where admissible, equal to his 2 months' emoluments or pay, as the case may be subject to a maximum of Rs. [42][3,000]. Where, however, an officer governed by this scheme retires1 or dies as a bachelor and has not adopted any child, no deduction from his gratuity shall be made. [43][Even where a Government servant retires or dies while in service without a wife/husband and minor children including adopted children, a deduction of two months pay or emoluments from gratuity will not be made.] [44][In cases where the gratuity admissible is less than two months' pay, the same will be resumed by Government against the family pension benefits admissible under these rules.]

[45][Note. 1].--"Emoluments" for the purpose of this rule means, emoluments as defined in Rule 296 M.C.S.Rs.

[46][Note 2.--The two months' emoluments or pay, as the case may be; to be surrendered in the case of retirement or death of Government servants on or after 1st February, 1968 will be subject to a maximum of Rs. 3,600.]

[47][Note 3.--The two months emoluments or pay, as the case may be to be surrendered in the case of retirement or death of Government servants after 1st January, 1977 will be subject to a maximum of Rs. 5,000/-.

Note 4.--In the event of retirement or death on or after 1st January, 1978, no deductions of two months emoluments from the death-cum-retirement gratuity of the Government servant shall be made.]

Rule - 11.

(a)      Government servants in service on 1st December, 1964 who are governed by the Pension Rules in Mysore Civil Services Rules or by the Family Pension Scheme contained in Appendix 'A' of Karnataka Services Regulations or in the B.C.S.Rs., H.C.S.Rs. Liberalised Pension Rules of CS.Rs., will have an option to elect this scheme, in substitution of the existing Family Pension benefits as admissible under those rules or to retain their existing benefits. The option shall be exercised on or before [48][30th June, 1970] in Form A. Persons who fail to exercise the option within the stipulated period will be deemed to have elected the scheme of Family Pension contained in these rules. Option once exercised shall be final.

(b)      Those who are governed by the old Pension Rules of M.S.Rs. Madras Pension Code, B.C.S.Rs., H.C.S.Rs., or the C.S.Rs., in toto where no Family Pension benefits were available, will not be entitled to the benefit of this scheme unless they opt in favour of the Pension Rules contained in the M.C.S.Rs., in toto and also of these rules. Hence, they will be allowed a fresh option to avail themselves of the benefits of this scheme. This option shall also be exercised on or before the [49][30th June, 1970] in FORM 'B' those who fail to exercise the option within the stipulated period will not be entitled to the benefits of this scheme.

(c)      The option exercised under this rule shall be delivered by the Government servant concerned to the Head of his Office, if he is a Non-Gazetted Officer or to the Accountant General, if he is a Gazetted Officer and obtain acknowledgement therefor. The option received from a Non-Gazetted Officer should be countersigned by the Head of the Office and pasted in the Service Book of the Officer concerned. A register should also be maintained in the Office in which should be recorded the details of the option exercised by each Non-Gazetted Government servant.

Note.--The cases of Government servant who die while in service on or after 1st December, 1964 put before [50][30th June, 1970], without exercising option provided for in this rule should dealt with on merits and the families should be allowed the benefits of the rules which are more favourable to them.

Rule - 12.

(a)      All Non-Gazetted Officers shall furnish to the Heads of their offices within one month from the date of their entry into service details of their 'Family' as defined in Rule (5) i.e., the date of birth of each member, and his/her relationship to the Government servant etc. This statement shall be countersigned by the Head of the Office and pasted in the Service Book of the Government servant. They shall, thereafter report to the Head of the office promptly additions and alterations, if any. The Head of the office shall make necessary additions or alternations in the statement as soon as the information is received from the Government servant concerned and keep it up-to-date.

All Gazetted Officers who are directly appointed as such, will furnish details of the 'Family' to the Accountant General, within a month from the date of their appointment. It will be the responsibility of the officers to furnish to the Accountant General additions and alterations if any, promptly so that the statement may be kept up-to-date. They will obtain acknowledgment for the receipt of communications from the Accountant General.

(b)      In regard to Government servants already in Government service on 1st December 1964, the statement of Family Members shall be furnished to the Heads of Offices concerned in the case of Non-Gazetted Officers and to the Accountant-General in the case of Gazetted Officers, along with their option if it is in favour of these rules. Those who fail to exercise their option before 1st December, 1965, in favour of any of the rules, the statement shall be furnished to the Head of the office or to the Accountant General as the case may be, within a month from that date. They shall also take action, to keep the statement up-to-date as prescribed above.

[51][(c) In cases where the Heads of Office are able to decide that the claimant is entitled to the Family Pension under the rules on the basis of the information available with him, as updated through local enquiry, the survivorship certificate from the Revenue Authorities need not be insisted upon. The Accountant General shall authorise the family pension to the member of the family certified by the Head of the Office as the person entitled as per the rules:

Provided that when there is a dispute or the particulars available are not sufficient to decide about entitlement of the claimant, a survivorship certificate shall be produced by the family of the deceased Government Servant and the Accountant General shall also not insist on the production of the death certificate in cases where the fact of death is recorded and certified in the service book of the deceased official by the Head of the Office.]

Rule - 13.

On receipt of the information of the death of an officer while in service, the Head of the Office will send a letter in Form C to the Family of the deceased Government servant and ask for the necessary documents mentioned therein. On receiving the documents the pension sanctioning authority will sanction the Family Pension as in Form 'D' and all those documents along with the Service Book of the Government servant to the Accountant General who will then issue the Pension Payment order to the beneficiary.

Rule - [13A.

Anticipatory Family Pension may be paid for a period not exceeding six months which may be extended in individual cases, with the approval of the Accountant General, by the authority competent to sanction pension and the amount of such anticipatory pension shall not exceed three-fourths of the amount of family pension admissible or Rs. 40 whichever is more.][52]

Rule - 14.

A Government servant who is governed by these rules shall, while applying for the grant of pension on his retirement should furnish [53][three passport size copies of his joint photograph with his wife, one of which will after having been attested by the Head of the Office or superior Gazetted Officer or the Receiving Authority or the pension sanctioning authority] be pasted in the Pension Payment Order in the pensioner's portion [54][.] [55][The] amount of Family Pension admissible will be mentioned in the Pension Payment order. The treasury Officer will make payment to the widow or widower on receipt of death certificate of the Pensioner and the form of application in the form annexed to 'C' for the grant of Family Pension to her/him under intimation to the Accountant General. If the Family Pension is payable to a minor through his/her Natural Guardian, the Guardian will apply on behalf of the child with 2 copies of the photographs and other necessary documents to the Head of the Office and surrender to him the first pension payment order. A fresh pension payment order will be required to be issued in such cases.

[56][Note. 1]--Pardanashin ladies are exempted from the joint photograph required to be produced by a Government servant governed by this scheme at the time of his retirement.

[57][Note 2.--The Treasury Officer shall send the intimation regarding the death of the Pensioner to the Accountant General in the Form 'E'.]

[58][Note 2.--Where on the remarriage of widow the pension becomes payable to the minor children through their natural guardian, the widow (except in the case of a Muslim Lady) in her capacity as a natural guardian need not either make a fresh application in the Annexure to Form 'C' or produce again the documents mentioned in Form 'C'. However, while applying for family pension on behalf of the minor children, she shall furnish.--

(i)       the date of her remarriage;

(ii)      the name of the Treasury/Sub-Treasury at which payment is desired; and

(iii)     her full address.]

Rule - 15.

The Dearness Allowance or Special Increase granted to pensioners is not admissible on the Family Pension under these rules.