Odisha Cabinet on Monday approved the proposal to allow payment of family pension to transgender children by amending the existing OCS (Pension) Rules, 1992.
Giving its nod, the Cabinet stated, “As a transgender’s gender identity defers from the others at birth, in comparison to people leading normal life, the transgenders are perceived as a deprived class. In this emerging Indian Society they should not be construed as a deprived section at all. Keeping in view their position in a democratic society, the amendments in the OCS (Pension) Rules, 1992 has been proposed.”
The word "Transgender" has not been included in the definition of "Child" in the OCS (Pension) Rules, 1992. There was no provision in the said rules for payment of family pension to such child in the event of death of a government servant/ pensioner.
Following the amendment, a Transgender child (if single) of a Government servant/ pensioner, who died on or after January 10, 2020, will be treated as an unmarried daughter for benefit of family pension.
However, there is an exception. The child above twenty-five years in age must be fully dependent on the Government servant/ Pensioner for consideration of grant of family pension.
Furthermore, the monthly income limit has been enhanced from Rs 4440 to Rs 10,000 from all the sources to be eligible for family pension in the case of unmarried/ widowed/ divorced daughters of a deceased Government servant/ pensioner where the claimant daughter is beyond 25 years in age.
(Reported By Harihar Chand, OTV)