Financial Assistance to dependent of deceased members

§26-A

Summary

1[26-A. 2[(1) If a sitting member dies during the tenure of his or her office, the spouse of such member or if such person leaves no spouse, his minor children or unmarried daughters shall be entitled to a family pension equal to pension otherwise admissible to the deceased member at the time of death or a pension of thirty thousand rupees, whichever is greater, for the lifetime of such spouse or till the minor children attain the age of majority and in case of daughters till they get married.] 3[(2) If an ex-member dies, the spouse of such ex-member or if such person leaves no spouse his minor children or unmarried daughters shall be entitled to a family pension equal to pension of such ex-member at the time of death or a pension of thirty thousand rupees, whichever is greater, for the life-time of such spouse or till the minor children attain the age of majority and in case of daughters till they get married.] Provided that if the spouse is entitled to a salary under section 3 or a pension under sub-section (1) of section 24 she/he will not be entitled to receive family pension under sub-section (1) or sub-section (2). 4[Provided further that where more than one person becomes entitled for pension under sub-sections (1) or (2) all such persons shall draw the said pension in equal shares. ] 5[(3) Sub-section (1) and sub-section (2) shall apply also to a spouse who is alive on the date of commencement of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) (Amendment) Act, 2015.] Explanation- "Dependent" in a relation to a member means his or her spouse, son, daughter, father or mother in order of preference, residing with and wholly dependent on such member.]

1[26-A. 2[(1) If a sitting member dies during the tenure of his or her office, the spouse of such member or if such person leaves no spouse, his minor children or unmarried daughters shall be entitled to a family pension equal to pension otherwise admissible to the deceased member at the time of death or a pension of thirty thousand rupees, whichever is greater, for the lifetime of such spouse or till the minor children attain the age of majority and in case of daughters till they get married.] 3[(2) If an ex-member dies, the spouse of such ex-member or if such person leaves no spouse his minor children or unmarried daughters shall be entitled to a family pension equal to pension of such ex-member at the time of death or a pension of thirty thousand rupees, whichever is greater, for the life-time of such spouse or till the minor children attain the age of majority and in case of daughters till they get married.] Provided that if the spouse is entitled to a salary under section 3 or a pension under sub-section (1) of section 24 she/he will not be entitled to receive family pension under sub-section (1) or sub-section (2). 4[Provided further that where more than one person becomes entitled for pension under sub-sections (1) or (2) all such persons shall draw the said pension in equal shares. ] 5[(3) Sub-section (1) and sub-section (2) shall apply also to a spouse who is alive on the date of commencement of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) (Amendment) Act, 2015.] Explanation- "Dependent" in a relation to a member means his or her spouse, son, daughter, father or mother in order of preference, residing with and wholly dependent on such member.]

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