It is governed by the provision of "Family Pension Scheme-1964" which was introduced WEF. 01-01-1964 vides Army Instruction No. 2/S/64 replaced vide AI-51/80.
The benefit of this scheme has also been extended from 22-09-1977 to the families of Armed Forces Personnel of those who retired/died before 31-12-1963 vides GOI, MOD No. F 6(2)/85/1689/B/D (P/S) dt 08-08-85.
Conditions for Admissibility
In the cases governed by the FPS-1964, OFP is granted to the family of a diseased soldier who dies while in service or after retirement, if at the time of death/ invalidment while in service, he had rendered continuous service of one year or in case of death after retirement, he was in receipt of service pension/ disability pension/invalid pension/special pension etc.
W.E.F. 27-01-1979 the condition of one year continuous service at the time of death/invalidment of service personnel has been waived vides AI-51/80.
OFP will be granted to the NOK of the deceased soldier whose death is for causes neither attributable to nor aggravated by military services.
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.