4. Insertion of new sections 27A and 27B in the principal enactment

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

The following new sections are hereby inserted immediately after section 27 of the principal enactment, and shall have effect as section 27A and 27B of that enactment :—

27A. (1) Where any public officer who is a contributor to the Fund dies before reaching his age of retirement due to an act which constitutes an offence under any Emergency

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

(a)

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

“Payment of pension to public officers &c,.

who die due to acts which constitute an offence under the emergency regulations

&c,.

(b)

from and after the date on which he would have reached his age of retirement, to receive a pension calculated in accordance with the provisions of this Ordinance based on the revised salary with all the increments to which, had he lived, he would have been entitled to receive till he reached his 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, his period of service and any other material particulars applicable to each individual case.

(3)

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

Emergency Regulations or due to any natural disaster, before being made permanent in his post, such person shall, notwithstanding any other provisions of this Ordinance be deemed to be an officer to whom the provision of section 27 of this Ordinance applies from the date of his death and, the widow and, children of such person shall, notwithstanding any other provisions of this Ordinance be entitled—

(a)

from the date of such death, to receive a pension calculated in accordance with the provisions of this Ordinance, based on the salary such person was drawing at the time of his death, till the date on which had he lived, he would reach fifty-five years of age;

Widows’ and Orphans’ Pension Fund

(b)

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

(4)

Any person to whom the provision of subsection (3) applies shall be deemed to be a contributor under the Ordinance as from the date he joined the public service.

(5)

Notwithstanding any other provisions of this Ordinance for the purpose of granting pension under this section, the officers referred to in subsection (1) and the persons referred to in subsection (3), of this section 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 regulations” 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 the Sri Lanka Disaster

Management Act, No. 13 of 2005.

27B.

Payment of pension to widow of officer specified in of Minutes

Notwithstanding the provisions of section 27, a widow 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,

Schedule GQ on Pensions.

shall be entitled, on the demise of such officer, to receive a pension computed on the salary drawn by such officer on retirement in accordance with the provisions of this Ordinance.

The amount of the contributions shall be computed on the basis of the salary drawn by such officer on his retirement and shall be made to the Fund with interest, for the total period of five years and unless and until such contributions are paid with interest accrued on such contributions, the payment of pension under this section shall not commence.”.

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