Widows’ and Orphans’ Pension Scheme (Armed Forces) (Amendment) Act 2009 · As enacted
3. Insertion of new sections 3C, 3D, 3E and 3F in the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Parliament of Sri Lanka, unchanged
The following new sections are hereby inserted immediately after section 3B of the principal enactment and
Widows’ and Orphans’ Pension Scheme
“Extension of the
Pension
Scheme to the members of the
Volunteer
Force,
Regular
Reserve and
Volunteer
Reserve of the armed forces.
shall have effect as sections 3C, 3D, 3E and 3F of that enactment :—
3C. (1) any person who became a member of the Volunteer Force of the armed forces on a date prior to the coming into operation of this section and who had retired with pension benefits or who continues to be in such Force on such date as such member, may, on making an application in that behalf before such date as the Minister may appoint by Order published in the Gazette, elect to be a contributor to the
Pension Scheme.
any person who after being retired or discharged from the Regular Force or Volunteer
Force as the case may be, of the armed forces has been transferred to the Regular Reserve
Force or Volunteer Reserve Force as the case may be, of the armed force before the date on which the provisions of this section comes into operation and who has been retired with pension benefits or who continues to be in such reserve as such member on such date, may, by making an application in that behalf before such date as the Minister may appoint by Order published in the Gazette, elect to be a contributor to the Pension Scheme.
Notwithstanding the provisions of subsections (1) and (2), where a member specified in the said subsections dies before the prescribed date without making an election under either subsection (1) or subsection (2), he shall, if he leaves a wife or child or a wife and child or a wife and children, be deemed to have elected to be a contributor to the Pensions
Scheme.
Extension of the Pension
Scheme to the members of the armed forces who become disabled due to injuries sustained whilst performing operational duties &c,.
any person who elects to become a contributor, or in the case of persons who are deemed to have elected to become contributors of the Pension Scheme, the person administering the affairs of such deceased person, shall pay to the Pension Scheme all arrears of contributions for the period commencing from the date of enlistment of such person into the respective armed force, until the date of election, retirement or death, as the case may be, with interest thereon at the rate of four per centum per annum.
An election made under the provisions of subsections (1) or (2) above shall be final.
3D. (1) (a) any male officer or male soldier of the Regular Force, Regular
Reserve Force, Volunteer Force or
Volunteer Reserve Force of the
Sri Lanka Army; or
any male officer or sailor of the
Regular Force, Regular Reserve
Force, Volunteer force or
Volunteer Reserve Force of the
Sri Lanka Navy; or
any male officer or airman of the
Regular Force, Regular Reserve
Force Volunteer Force or
Volunteer Reserve Force of the
Sri Lanka Air Force, who becomes disabled due to injuries sustained whilst performing operational duties or any other law enforcement duties or as a result of terrorist activities and who is determined to be unfit for military service by the Medical Board
Widows’ and Orphans’ Pension Scheme of the Sri Lanka Army, Sri Lanka Navy or
Sri Lanka Air Force as the case may be, and who is in a receipt of a pay and allowance till he reaches 55 years of age, may, by making an application in that behalf before such date as the Minister may appoint by Order published in the Gazette, elect to be a contributor to the
Pension Scheme.
where a person referred to in subsection (1) dies before the prescribed date without making an election under that subsection, he shall, if he leaves a wife or a child or a wife and child or a wife and children, be deemed to have elected to be a contributor to the Pension
Scheme.
The provisions of subsection (4) and (5)
of section 3C shall mutatis mutandis apply to a person referred to in this section.
3E.
into
Any person who becomes a member of the Regular Reserve Force, Volunteer Force or
Volunteer Reserve Force of armed forces on or after the date on which the provisions of this section comes into operation, shall be a contributor to the Pensions Scheme from and after such date.
3F. For the purpose of section 3C, 3D and 3E,
“a member of the Regular Reserve Force,
Volunteer Force or Volunteer Reserve Force of the armed forces” shall —
in relation to the Sri Lanka Army, be deemed to be an officer or soldier as the case may be, of the Regular Force under subsection (3) of section 3 of the Army
Act; or
A Person who becomes a member of the armed forces after the coming operation of this section, to be a contributor.
Definition of the member of the
Regular
Reserve
Force &c,.
for the purpose of sections 3C,
3D and 3E.
“Interpretation.
in relation to the Sri Lanka Navy, be deemed to be an officer or seaman as the case may be, of the Regular Naval Force under subsection (3) of section 3 of the
Navy Act; or
in relation to the Sri Lanka Air Force, be deemed to be an officer or airman of the
Regular Air Force under subsection (3)
of section 3 of the Air Force Act.”.