Pension

(1) Every ex-Member who has served as Member either of the Legislative Assembly of National Capital Territory of Delhi or Member of the erstwhile Metropolitan Council of Delhi or of the erstwhile Delhi State Legislative Assembly, as the case may be, shall be entitled for pension of seven thousand five hundred rupees per mensem for the first term of his membership and an additional pension of one thousand rupees for every successive year of his membership beyond the first term. (1A) After the death of a member during his term of office or an ex-Member (including ex-Member of erstwhile Metropolitan Council of Delhi and ex-Member of erstwhile Delhi State Legislative Assembly), pension shall be paid to his spouse, if any, during the remaining period of life of such spouse or until he/she does not re-marry and after his/her death to the dependent of such member or ex-member so long as such dependent continues to be a dependent: Provided that family pension shall be equivalent to one-half of the pension which such member or ex-member would have received had he retired or as the case may be, at the date of his death: Provided further that no such family pension shall be payable to the spouse or dependent if such spouse dependent is a sitting member of the Legislative Assembly of National Capital Territory of Delhi or is drawing pension under section 9: Provided also that no person shall be entitled to claim arrears of any family pension under this sub-section in respect of a period before the commencement of the Members of Legislative Assembly of the National Capital Territory of Delhi (Salaries, Allowances, Pension, etc) (Amendment) Act, 2011. Explanation.–– for the purpose of this sub-section, dependent means any of the following relatives of a deceased member, namely:– (i) a minor legitimate son, and an unmarried legitimate daughter and a widowed mother; or (ii) If wholly dependent on the earnings of the member at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm; or (iii) If wholly or in part dependent on the earnings of the member at the time of his death,- (a) the parent; or (b) a minor brother or an unmarried sister; or (c) a widowed daughter-in-law; or (d) a minor child of a pre-deceased son; or (e) a minor child of a pre-deceased daughter where no parent of the child is alive; or (f) the paternal grandparent if no parent of the member is alive”. (1B) The Delhi Member of Metropolitan Council (Enhancement of Pension) Act, 2000 (Delhi Act No. 4 of 2000) shall stand repealed and other provisions governing payment of pension to the ex-Members of erstwhile Metropolitan Council of Delhi and the ex-Members of the erstwhile Delhi State Legislative Assembly shall also cease to have effect. (2) Where any ex-Member entitled to pension under sub-section (1)– (i) Is appointed to the office of the President or Vice President of India or is appointed to the Office of the Governor of any State or the Lt. Governor or Administrator of any Union Territory; (ii) Becomes a Member of the Council of States or the House of the People or of any Legislative Assembly of a State; or Union Territory or any Legislative Council of a State; or (iii) Is employed on a salary under the Central Government, or any Corporation owned by or controlled by the Central Government or any State Government or any local authority or becomes otherwise entitled to any remuneration from such Government, Corporation or local authorities, as the case may be, shall not be entitled to any pension under sub-clause (1) for the period during which he continues to hold such office or as such Member or is employed, or continues to be entitled to such remuneration : Provided that where the salary payable to such ex-Member for holding such office or being such Member or so employed, or where the remuneration referred to in clause (iii) payable to such ex-Member is, in either cases, less than a pension payable to him under sub-section (1) such ex-Member shall be entitled only to receive the balance as pension under that sub-section. (3) Where any person entitled to pension under sub-section (1) Is also entitled to any other pension including pension known as Swatantrata Sainik Samman pension or by any other name), such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension. (4) In computing the number of years, for the purpose of sub-section (1), the period during which a person has served as a Minister as defined in the Ministers of the Government of National Capital Territory of Delhi (Salaries and Allowances) Act, 1994 or as Speaker or Deputy Speaker as defined in the Speaker and Deputy Speaker of the Legislative Assembly of the National Capital Territory of Delhi (Salaries and Allowances) Act, 1994 or as the Leader of Opposition as defined in the Legislative Assembly of the National Capital Territory of Delhi (salary and Allowances) Act, 2001, or has served in all or any of such capacities by virtue of his membership in the Legislative Assembly shall also be taken into account.