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As enacted

2. Insertion of new sections 9A and 9B in Act…

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The Widowers’ and Orphans’ Pension Act, No. 24

of 1983 (hereinafter referred to as the “principal enactment”)

is hereby amended by the insertion immediately after section 9 of that enactment, of the following new sections :—

9A. (1) Where any officer who is subject to deductions under this Act dies before reaching her age of retirement due to any act which constitutes an offence under the Emergency

Regulations for the time being in force or due to any natural disaster, the widower and the children of such officer shall notwithstanding any other provisions of this Act be entitled—

(a)

from the date of such death, to receive a pension calculated in accordance with the provisions of this Act, based on the salary such officer was drawing at the time of her death, till the date on which had she lived, such officer would have reached her age of retirement ; and

(b)

from and after the date on which she would have reached her age of retirement, to receive a pension calculated in accordance with the provision of this Act based on the revised salary, with all the increments to which, had she lived,

“Payment of pension to public officers &c., who die due to any act which constitutes an offence under

Emergency

Regulations

&c,.

Widowers’ and Orphans’ Pension such officer would have been entitled to receive till she reached her age of retirement.

(2)

In calculating the pension for the purpose of subsection (1), the age of retirement shall be determined by the Director-General of Pensions, taking into consideration the circumstances of the death of the officer concerned, her period of service, and any other material particulars as applicable to each individual case.

(3)

Where any person who is a female and who holds a temporary or casual post in the public service dies while in service due to any act which constitutes an offence under the

Emergency Regulations or due to any natural disaster before being made permanent in her post, such person shall notwithstanding any other provisions of this Ordinance be deemed to be an officer to whom the provisons of section 9 of this Act applies as from the date of her death, and the widower and children of such person shall notwithstanding any other provisions of this Act, be entitled—

(a)

from the date of such death, to receive a pension calculated in accordance with the provisons of this Act, based on the payment such person was drawing at the time of her death, till the date on which had she lived, she would have reached fifty-five years of age ; and

(b)

from and after the date on which she would have reached fifty-five years of age, to receive a pension with all the increments to which, had she lived, she would have been entitled to receive till she reached fifty-five years of age.

3

Widowers’ and Orphans’ Pension

(4)

Any person to whom the provisions of subsection (3) applies shall be deemed to be a contributor under the Act, as from the date she joined the public service.

(5)

Notwithstanding any other provisions of this Act, for the purpose of granting a pension under this section the officers referred to in subsection (1) of this section and the persons referred to in subsection (3) of this section shall be deemed to be constributors as from the date they joined the public service and shall be deemed to have paid the contributions due to the Fund in full, as at the date of their death.

(6)

For the purpose of this section—

“emergency regulation” means any regulation made by the President under section 5 of the Public

Security Ordinance (Chapter 40) ;

“natural disaster” shall have the same meaning as in Sri Lanka Disaster

Management Act, No. 13 of 2005.

9B.

Payment of pension to widowers of officers specified in Schedule GQ of Minutes on Pensions

Notwithstanding the provisions of section 9, a widower of any officer—

(a)

who is specified in the Schedule GQ of the Minutes on Pensions ; and

(b)

who is entitled to a pension on the completion of five-years of service, shall be entitled, on the demise of such officer, to receive a pension computed on the basis of the salary drawn by such officer on her retirement, in accordance with the provisions

Widowers’ and Orphans’ Pension of this Act. The amount of such contributions shall be made to the Consolidated Fund with interest, for the total period of service and unless and until such contributions are paid with interest, the payment of pension under this section shall not commence.”.