(1) If a civil servant dies within seven years of being in service or receiving pension, his family or his minor brother or unmarried sister will receive gratuity or pension as written in section 36 or 37. But in case of pension, such pension will not be received for more than seven years. The family of a civil servant who died before seven years of receiving pension will not receive pension after seven years.
(2) Notwithstanding anything written in sub-section (1), if the person receiving pension is a minor, he shall receive such pension until he reaches adulthood.
(3) If the widowed spouse or widowed wife of a civil servant dies before the completion of seven years of his or her spouse being in service or receiving the pension and receiving the family pension as per sub-section (1), from the date of payment of the pension period and if he or she does not receive such pension or his or her spouse or If the wife dies after seven years have passed since she started receiving pension, she will receive half of the amount of pension she would have received from the date of death of the employee. But if such widowed husband or widowed wife remarries, he will not get such pension benefits.
(3A) Notwithstanding anything written in sub-section (3), in the event of the death of a widower or widow of a civil servant receiving pension or if he remarries, the minor children of such civil servant shall receive the amount of such pension until they reach adulthood.
(4) When the salary of the incumbent civil servant is increased, two-thirds of the amount of the increase in the initial salary will be added to the family pension received by the person receiving family pension according to sub-sections (1), (2) and (3).
(5) If a civil servant dies before receiving any amount due under this Act, the amount shall be received by the person from among the members of his family who is determined to receive his pension or gratuity according to this Act.If one of the family members or one's minor brother or unmarried sister wants it, it will be given to that person and if for some reason the person is unable to get it or if no one wants it, it will be given to a person from among the family members of the employee as deemed appropriate by the Government of Nepal.