8[8AC. Family pension.-

(1) On the death of a member of either House of Parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause (aa) of section 2, family pension equivalent to one-half of the pension which such member of Parliament would have received had he retired: Provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of Parliament or is drawing pension under section 8A.

(2) The family pension payable under sub-section (1) shall also be payable to the spouse or dependent of a person who was a member of either House of Parliament or the Provisional Parliament at any time 1*** and died after serving as such member: Provided that such spouse or dependent is not drawing any pension under this Act or is not entitled to draw family pension under the proviso to sub-section (1): Provided further 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 Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2006 (40 of 2006).

Explanation.- For the purposes of this section, "Provisional Parliament" shall include the body which functioned as the Constituent Assembly of the Dominion of India immediately before the commencement of the Constitution.]

1. Subs. by Act 48 of 1993, s. 4, for sub-section (3) (w.e.f. 9-6-1993).

2. Subs. by Act 33 of 1977, s. 11, for "an officer of Parliament" (w.e.f. 1-11-1977).

3. Subs. by s. 11, ibid., for "or both" (w.e.f. 1-11-1977).

4. Subs. by Act 9 of 2004, s. 7, for section 8AA (w.e.f. 9-1-2004).

5. Section 8AA numbered as sub-section (1) by Act 40 of 2006, s. 8 (w.e.f. 15-9-2006).

6. Ins. by s. 8, ibid. (w.e.f. 15-9-2006).

7. Ins. by Act 9 of 2004, s. 8 (w.e.f. 9-1-2004).

8. Ins. by Act 40 of 2006, s. 9 (w.e.f. 15-9-2006).