နည်းဥပဒေ၂၅၀

250. In respect of the entitlement of family pension:

• (a) legally married wife or husband and other family members of the service personnel who dies in service before retirement:
  • (i) is entitled to the gratuity equal to the last payment for each completing year of service if the service personnel completed one year service but less than five years qualifying service for gratuity at the time of death;
  • (ii) is entitled to the gratuity equal to twelve times of the last payment for each completing year of service if the service personnel completed five years but less than ten years qualifying service for gratuity at the time of death;
  • (iii) a wife or a husband of the service personnel who completed ten years or more of qualifying service is entitled to 3/4 of the superannuation pension as family pension which would be earned if it were granted on the following date of his death. Additionally, the gratuity equal to 1/2 of the last payment for each completing year of qualifying service is also entitled to enjoy. Such gratuity shall not be less than twelve times of the last payment. Family pension shall be entitled to enjoy from the following date of the death of service personnel up to the death of the wife or the husband;
  • (iv) if the eligible person for family pension is a family member other than a wife or a husband, 1/2 of the superannuation pension which would be earned if it were granted on the following day of his death is entitled to enjoy as family pension from the date of his death up to 15 years. Gratuity is entitled to enjoy under clause (iii).
• (b) the wife or husband and other family members of the service personnel who dies after retirement:
  • (i) if the total amount of the gratuity at the time of retirement and the monthly pension already drawn up to the date of the service personnel’s death is less than twelve times the last payment drawn as a service personnel, such lessened amount is also entitled to enjoy ;
  • (ii) if the eligible person is the wife or the husband of the retired service personnel, 3/4 of the pension granted at the time of retirement of the service personnel is entitled to enjoy as family pension from the following date of his death up to the death of the wife or the husband;
  • (iii) if the eligible person for family pension is a family member other than the wife or the husband of the service personnel, 1/2 of pension granted at the time of retirement of the service personnel is entitled to enjoy from the following date of his death up to 15 years;
  • (iv) in the case of commutation of a portion of pension to lump-sum pension before the death of the retired service personnel, the person who is entitled to enjoy the family pension:
    • (aa) the wife or the husband of the deceased retired is entitled to enjoy 3/4 of the balance of pension as family pension up to his death;
    • (bb) if the eligible person for family pension is other family member other than a wife or the husband of the deceased retired, he is entitled to the family pension which is a balance amount after subtracting the commuted portion from half of the pension before commutation to lump-sum. The eligible period is up to 15 years from the following date of the retirement of the retired service personnel.