Family Pension Claim After Death: EPS & Government Pension Guide

When an employee dies, their family may be entitled to a monthly pension for life - not just a one-time payment.

Most families don’t know this. They claim the EPF lump sum and miss out on the pension component entirely.

This guide covers both EPS (Employee Pension Scheme) for private sector employees and Family Pension for government employees.

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What is Family Pension?

Family pension is a monthly payment to the family of a deceased employee, continuing for life or until specified conditions are met.

Type	For Whom	Governed By
EPS Family Pension	Private sector EPF members	Employee Pension Scheme, 1995
Government Family Pension	Central/State govt employees	CCS (Pension) Rules / State rules

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Part 1: EPS Family Pension (Private Sector)

What is EPS?

Every EPF member automatically contributes to the Employee Pension Scheme (EPS):

Contribution	Amount
Employee’s EPF	12% of basic salary
Employer’s EPF	3.67% to EPF account
Employer’s EPS	8.33% to pension fund

This 8.33% builds your pension corpus. On death, family gets pension from this fund.

Eligibility for EPS Family Pension

Condition	Required?
Minimum service	No minimum (for death cases)
Member of EPS	Yes
Death during service	Yes, OR
Death after pension started	Yes (reduced rate)

Key point: Unlike regular pension (which needs 10 years), family pension has no minimum service requirement when death occurs during service.

Who Gets EPS Family Pension?

Priority order:

Priority	Recipient	Duration
1st	Widow/Widower	For life (or until remarriage)
2nd	Children (if no spouse)	Until age 25
3rd	Dependent parents	For life (if no spouse/children)
4th	Nominated person	As specified

For children:

• Sons: Until age 25
• Daughters: Until age 25 or marriage, whichever is earlier
• Disabled children: For life

How Much is EPS Family Pension?

Calculation formula:

Monthly Family Pension = (Pensionable Salary × Pensionable Service) ÷ 70

Where:

• Pensionable Salary = Average of last 60 months’ salary (capped at ₹15,000)
• Pensionable Service = Years of EPS membership

Minimum pension: ₹1,000 per month

Example:

• Average salary (last 60 months): ₹15,000 (capped)
• Service: 15 years

Family Pension = (15,000 × 15) ÷ 70 = ₹3,214/month

Documents for EPS Family Pension Claim

Document	Purpose
Form 10D	Pension claim application
Death certificate	Proof of death
Member’s UAN/PF number	Account identification
Relationship proof	Marriage cert, birth cert
Bank account details	For pension credit
Aadhaar of claimant	KYC
Cancelled cheque	Bank verification
Photo of claimant	Identity

Step-by-Step EPS Claim Process

Step 1: Gather Documents

• Death certificate (original + copies)
• Marriage certificate (for spouse)
• Birth certificates (for children)
• Member’s last salary slip
• Bank passbook/cancelled cheque

Step 2: Fill Form 10D

Download from EPFO website or get from employer.

Key sections:

• Part A: Member details (filled by employer)
• Part B: Claimant details
• Part C: Bank account details
• Part D: Declaration

Step 3: Employer Attestation

Employer must:

• Verify member’s service details
• Attest Form 10D
• Provide salary certificate

Step 4: Submit to EPFO

Submit to the Regional PF Commissioner office where member’s PF account is maintained.

Submission options:

• Through employer
• Directly at EPFO office
• Online (partial - documents still needed physically)

Step 5: EPFO Processing

• EPFO verifies documents
• Calculates pension amount
• Issues Pension Payment Order (PPO)
• Pension credited monthly to bank account

Timeline for EPS Pension

Stage	Duration
Document collection	1-2 weeks
Employer attestation	1 week
EPFO processing	30-60 days
First pension credit	1-2 months after PPO

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Part 2: Government Family Pension

Eligibility

Government family pension is available when:

• Central/State government employee dies during service
• Pensioner (retired employee) dies

Who Gets Government Family Pension?

Recipient	Conditions
Spouse	Primary beneficiary, for life
Children	If spouse not alive/remarries
Dependent parents	If no spouse/children
Disabled children	For life, regardless of age

Pension Rates

For death during service:

Period	Rate
First 7 years	50% of last pay
After 7 years	30% of last pay

Minimum: ₹9,000/month (Central Govt, after 7th Pay Commission)

For death after retirement:

Period	Rate
First 7 years after death	50% of pension
After 7 years	30% of pension

Documents Required

Document	Purpose
Death certificate	Proof of death
Service book	Employment record
LPC (Last Pay Certificate)	Salary verification
Family details form	Dependent information
PPO (if pensioner)	Existing pension details
Nomination form	If available
Bank mandate form	For pension credit

Claim Process for Government Pension

Step 1: Inform Department

• Notify the department/office where employee worked
• Submit death certificate immediately

Step 2: Collect Forms

• Form 14 (Family Pension application)
• Form 3 (Nomination details)
• Bank mandate form

Step 3: Submit to DDO

Submit all documents to Drawing and Disbursing Officer (DDO) of the department.

Step 4: Processing

• DDO verifies and forwards to PAO (Pay & Accounts Office)
• PAO processes and issues PPO
• Pension starts from month following death

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EPS vs Government Family Pension

Aspect	EPS (Private)	Government
Minimum service	None (death cases)	None (death cases)
Pension rate	Formula-based	50%/30% of pay
Salary cap	₹15,000	No cap
Minimum pension	₹1,000/month	₹9,000/month
Claim through	EPFO	Department + Treasury

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Common Issues and Solutions

Issue 1: Employer Not Cooperating

Problem: Employer refuses to attest Form 10D.

Solution:

• Submit directly to EPFO with complaint
• EPFO can obtain details from employer
• File complaint with Labour Commissioner

Issue 2: UAN/PF Number Unknown

Problem: Family doesn’t know member’s EPF details.

Solution:

• Check salary slips (PF number mentioned)
• Check previous employer’s records
• EPFO can search by Aadhaar number
• Visit EPFO office with death certificate + relationship proof

Issue 3: Multiple Claimants

Problem: Both spouse and parents claiming.

Solution:

• Spouse has first priority
• Parents eligible only if no spouse/children
• EPFO follows legal priority order

Issue 4: Member Withdrew EPS

Problem: Member had withdrawn pension at previous job change.

Solution:

• Check if they rejoined EPS at new job
• Pension based on service after rejoining
• Previous service doesn’t count if withdrawn

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Additional Benefits on Death

EPS Death Benefits (Besides Family Pension)

Benefit	Amount	Eligibility
Children Pension	25% of family pension per child	Up to 2 children
Orphan Pension	75% of family pension	If both parents dead
Assurance Benefit	₹2.5 lakh - ₹7 lakh	Based on service period

EDLI (Employee Deposit Linked Insurance)

Separate from pension - a lump sum payment:

Service	Minimum Benefit
< 12 months	₹2.5 lakh
> 12 months	Up to ₹7 lakh

Claim: Along with EPF, using Form 5IF.

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Checklist for Family Pension Claim

For EPS (Private Sector)

• Obtain death certificate
• Find UAN/PF number
• Get Form 10D from employer
• Collect relationship proofs
• Get employer attestation
• Submit to EPFO office
• Track status online at epfindia.gov.in

For Government Pension

• Inform department immediately
• Submit death certificate
• Collect Form 14
• Attach service book, LPC
• Submit to DDO
• Follow up with PAO

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Frequently Asked Questions

Can widow get pension after remarriage?

For EPS: Pension stops on remarriage. Children become eligible. For Government: Similar rules apply.

What if member had two EPF accounts?

Pension calculated on combined service if accounts merged. Otherwise, separate claims needed.

Is family pension taxable?

Yes, family pension is taxable as “Income from Other Sources.” Standard deduction of ₹15,000 or 1/3rd of pension (whichever is lower) is available.

Can pension be claimed after many years?

Yes, but earlier is better. No strict time limit for death cases, but delays complicate documentation.

What if employer closed down?

Submit directly to EPFO with whatever documents available. EPFO maintains records independently.

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Related Guides

• EPF Claim After Death - Claiming the lump sum PF amount
• Gratuity Claim After Death - Another employment benefit
• Legal Heir Certificate Guide - If needed for claim

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Key Takeaways

1. Family pension is monthly, for life - Not a one-time payment
2. No minimum service for death cases - Even 1 month of service qualifies
3. Spouse has first priority - Then children, then parents
4. EPS pension is separate from EPF - Claim both
5. Government pension is higher - Different rules, better rates

Don’t let your family miss out on pension that could support them for decades. Make sure they know about this benefit.