Section 19
Family Pension And Gratuity
(1) The pension or gratuity as referred to in
Section 17 shall, in the following circumstance, be provided to such person
www.lawcommission.gov.np
18
www.lawcommission.gov.np
out of his or her family members as has been nominated by the Office-bearer
of Constitutional Body and to the nearest heir out of his or her family
members if the person so nominated has died or failing such nomination:
(a) If the Office-bearer of Constitutional Body dies while in
service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after
starting to receive pension pursuant to Section 18, up to
the period that remains to complete Seven years.
(2) If the Office-bearer of Constitutional Body dies while in service
and is entitled to gratuity but not to pension pursuant to Section 18, the
person as referred to in Sub-section (1), out of his or her family members,
shall be entitled to the amount of that gratuity.
(3) The widow or widower of the deceased Office-bearer of
Constitutional Body shall be entitled to half the amount of such pension
during his or her life after the date of expiration of the period of entitlement
to pension where the Office-bearer of Constitutional Body dies while in
service in the office of Office-bearer of Constitutional Body or prior to
completion of Seven years after receiving pension, and his or her widow or
widower is entitled to family pension pursuant to Sub-section (1), and after
the date of death of his or her wife or husband where his or her wife or
husband dies after the completion of Seven years after receiving pension.
(4) When the remuneration of the incumbent Office-bearer of
Constitutional Body is increased, the figure of family pension being drawn
by the person who is receiving the family pension pursuant to Sub-section
(1) and (3) shall also be increased by Two-Thirds of the percent of increase
in the figure of remuneration.
Section 17 shall, in the following circumstance, be provided to such person
www.lawcommission.gov.np
18
www.lawcommission.gov.np
out of his or her family members as has been nominated by the Office-bearer
of Constitutional Body and to the nearest heir out of his or her family
members if the person so nominated has died or failing such nomination:
(a) If the Office-bearer of Constitutional Body dies while in
service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after
starting to receive pension pursuant to Section 18, up to
the period that remains to complete Seven years.
(2) If the Office-bearer of Constitutional Body dies while in service
and is entitled to gratuity but not to pension pursuant to Section 18, the
person as referred to in Sub-section (1), out of his or her family members,
shall be entitled to the amount of that gratuity.
(3) The widow or widower of the deceased Office-bearer of
Constitutional Body shall be entitled to half the amount of such pension
during his or her life after the date of expiration of the period of entitlement
to pension where the Office-bearer of Constitutional Body dies while in
service in the office of Office-bearer of Constitutional Body or prior to
completion of Seven years after receiving pension, and his or her widow or
widower is entitled to family pension pursuant to Sub-section (1), and after
the date of death of his or her wife or husband where his or her wife or
husband dies after the completion of Seven years after receiving pension.
(4) When the remuneration of the incumbent Office-bearer of
Constitutional Body is increased, the figure of family pension being drawn
by the person who is receiving the family pension pursuant to Sub-section
(1) and (3) shall also be increased by Two-Thirds of the percent of increase
in the figure of remuneration.