Family pension rules: The central government has issued an important clarification regarding family pensions. The Department of Pension and Pensioners’ Welfare (DoPPW), under the Ministry of Personnel, Public Grievances and Pensions, has informed all central government departments how family pensions will be paid if more than one wife survives the death of a government employee or pensioner.
These guidelines have been issued under the Office Memorandum (OM No. 1/1(33)/2024-P&PW(K)/9629) dated October 27, 2025. It reiterates the rules given in Rule 50 of the Central Civil Services (Pension) Rules, 2021, which relate to the distribution of family pension.
Who will get the pension in case of two wives?
DoPPW has clarified that as per Rule 50(6)(1), ‘widow’ or ‘widower’ means only the legally married spouse.
According to Rule 50(8)(c), “If a deceased Government servant or pensioner has more than one widow, the family pension shall be paid to both of them in equal shares. If a widow dies or ceases to be eligible for pension, her share shall be paid to her eligible children.”
Second marriage is illegal under the Hindu Marriage Act
The department said that in many cases, the question arises as to what the status of a second marriage is when a government employee or pensioner is covered under the Hindu Marriage Act, 1955. To this, the DoPPW clearly stated, “Marrying a second time while the first wife is alive is a violation of the Hindu Marriage Act, 1955, and is also against the CCS (Pension) Rules, 2021.”
In such cases, departments have been advised to exercise utmost caution and legal prudence when making decisions. If a dispute arises, responses or reports submitted to the tribunal or court should be prepared in strict accordance with the rules and guidelines.
Legal advice is necessary in cases of two wives
The government has also said that where there are pension matters related to two wives of an employee, it is mandatory to seek advice from the Department of Legal Affairs.
Additionally, the relevant ministry or department’s official in charge of pension matters should be informed of these matters. This will ensure uniform compliance with the legal regulations across all departments.
Priority order of family pension
The government has also reiterated that the order of receiving family pension will be decided as per Rule 50(6).
- First, to a widow or widower. This also includes marriages after retirement or judicially separated spouses.
- After this, children will have rights. This includes adopted, stepchildren, and children born after retirement.
- Then dependent parents, and finally dependent siblings with mental or physical disabilities will receive priority.
Increased family pension on death after retirement
The DoPPW also clarified that if a government employee dies after retirement, their family will receive a family pension at the enhanced rate. According to Rule 50(2)(a)(iii), this enhanced pension will be paid for seven years or until the employee reaches the age of 67, whichever is earlier.
This rule will apply to all employees, regardless of their retirement age, including those who retire at 65, such as doctors in the Central Health Service (CHS).
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