Widowers and Orphans Pension Act 1983

This Act may be cited as the Widowers and Orphans

Pension Act, No. 24 of 1983, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereafter in this Act referred to as the

“appointed date”).

Establishment of the pension scheme for the widowers and orphans of female public officers and the Director of Pensions to be in charge of

There shall be a pension scheme (hereinafter referred to as the “pension scheme”) for the payment of pensions to widowers and orphans of female public officers who are entitled: to the payment of pensions under the

The Director of Pensions shall be in charge of the administration of the pension scheme.

From and after the appointed date, a monthly deduction at such percentage as may be determined from time to time by the Minister shall be made from the full salary of every contributor notwithstanding that she may receive in that month as salary an amount less than the full salary or may not receive as salary any amount whatsoever.

The deduction referred to in subsection (1) shall be made by the Deputy Secretary to the Treasury and credited by him to the Consolidated Fund.

Where the deduction referred to in subsection (1) is not made from the salary of a contributor such contributor shall pay the Deputy Secretary to the Treasury, within thirty days after the receipt by her of her salary, such sum as is required to be deducted from her salary for each month under subsection (1) or where a contributor is on leave without salary, she shall pay before the thirtieth day of each and every month during the continuance ot such leave, to the Deputy Secretary to the Treasury a sum equal to the sum that would have been deducted from her salary each month under subsection (1) had she not been on leave.

Every sum payable by a contributor to the Deputy

The Deputy Secretary to the Treasury shall deduct.

Every officer shall, within six months of the appointed date, elect to be a contributor to the pension scheme.

The deduction referred to in section 3 shall continue to be made from the salary of a contributor so long as she is in the public service and shall cease on the date on which she leaves the public service.

Every contributor shall, ‘within three ‘months of the date of her becoming a contributor, forward to the Director a declaration setting out the date of her becoming a contributor, her name in full and the date of her birth and if she is married, the date. of her marriage, the full name of her husband and if she has a child ér children, their names in full and the dates of their respective births.

Every contributor whose husband dies or who divorces her husband, or whose child dies, or whose female child gets married, and the guardian of every such child who dies or of every such female child who gets married, shall, within three months thereof, notify the Director the date of such death, divorce or marriage, as the case may be.

Every contributor shall notify the Director the date of birth of each child born to her or legally adopted by her after the date of the declaration forwarded by her under section 5, within three months of such birth or adoption, as

the case may be. — Contributor to make supplementary declaration with proof of matters

If the Director finds that any information furnished or notified by any contributor or guardian under section 5 or section 6 or section 7 is incorrect or incomplete, he may, by written notice, require such contributor or guardian to make a further declaration giving the correct or complete infor-mation with adequate proof of all the particulars contained

Widowers and Orphans Pension in such declaration or notification within the time specified in such notice and it shall be the duty of such contributor or guardian to comply with the requirements of every such notice.

The widowers and orphans of officers who were subject to deductions under this Act shall, subject to the other provisions of this Act, be entitled to a pension under this

Act.

Where the marriage of a contributor is dissolved by a divoree, she shall, for the purposes of this Act, be deemed to be a widow.

Where a contributor dies within one year from the date of her marriage, her widower shall not be entitled to a pension under this Act unless there is a lawful child of such marriage:

Provided that it shall be lawful for the Director with the consent of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration to award a pension to such widower if it appears to him that such award is just and reasonable in all the circumstances of the case.

The pension payable under this Act to an orphan shall, in the case of a male, cease on his attaining the age of twenty-one years and in the case of a female cease on her marriage or on her attaining the age of twenty-one years, whichever occurs earlier.

Where a medical board comprising three medical officers appointed by the Director of Health Services determines that an orphan of a contributor suffers from such physical or mental disability as renders him incapable of earning his livelihood such orphan shall, notwithstanding anything in this Act, be entitled to a pension under this Act during his life time.

Where a contributor dies on or after the appointed date, the pension payable under this Act to her widower or orphan shall be determined in accordance with the following provisions :—

In this section—

Where any officer who is a contributor to the romaine to

Where the pension payable in respect of a contributor under this Act is under section 14, calculated on the basis of the pension payable to such officer under the Minutes

Where it is impracticable to make a deduction under subsection (2) for the entirety or a part of the pesionable service in respect of which contributions have not been made by a contributor such contributor or where he is not alive, the widower or orphan of such contributor entitled to 4 pension under this Act in respect of such contributor may, if he so desires, pay to the Director a sum equal to the amount which was deductible in terms of subsection (2). If such payment is not made, the pension payable under this Act in respect of. such .contributor. shall, in respect of each complete month for which the payment is not made, he reduced. by: 1/600th of such pension.

In this section.“ pensionable . ‘service ” hes the same meaning as in section 14.

All pensions payable under this Act and all amounts to be refunded and .all interest to be paid under this Act to any contributor or her legal representatives or heirs shall be paid out of the Consolidated Fund and are hereby made a charge on such Consolidated Fund.

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Where’. a contributor: being a widow and unmarried dies leaving a child or children entitled to a pen-sion under this Act or when a widower of a contributor dies leaving a child or children entitled to pension under this

A child adopted under the provisions of the Adop-tion of Children Ordinance or any other law relating to the adoption of children by a married contributor while she is a contributor shall, subject to the provisions of subsec-tion (3), be treated as a child of such contributor and accordingly, such child shall be entitled to a pension under this Act in like manner and to the like amount as a child of such contributor.

A child adopted under the provisions of the Adoption of Children Ordinance or any other law relating to the adoption of children by a married contributor while she is a contributor shall be entitled to a pension under this

The widower of a contributor who marries again at any time after he becomes entitled to a pension under this

Act shall cease to receive a pension from the date of such marriage

; and the children entitled to the pension of such widower and contributor shall thereupon be entitled to an amount which the widower’ would have received had he not married, again, equally divided among such children.

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When a contributor dies leaving a widower ‘and children being the issue of a previous marriage and such children are of ages which entitle them to a pension under this Act each such child shall be entitled to an equal share or portion of half the pension to which their father would have been entitled, if he had survived their mother. The widower of such contributor shall be entitled to one-half of the pension to which he would have been entitled had there been no such children.

Where a oontributor dies leaving a widower and no children, being the issue of a previous marriage or any children of a previous marriage who have ceased to be entitled to pension, then, the widower shall be entitled to the whole of such pension.

Where the widower dies leaving no issue of his marriage with the contributor the children entitled to pension of the first marriage of the contributor shall be entitled to such pension as if the contributor had not con-tracted such subsequent marriage.

Where the widower dies leaving children the issue of his marriage with the contributor such children shall be entitled to an equal share or portion of the pension to which their father was entitled.

The pension payable in respect of a contributor under this Act shall begin upon the death of the contributor or her widower, as the case may be, and shall accrue daily and shall be paid monthly. It shall be Jawful for the Director to require proof that any widower or child is. alive and entitled to the pension claimed by such widower or child before any such payment is made.

Notwithstanding the provisions of subsection (1) a pension payable under this Act shall be payable to the widower up to the end of the month in which such widower dies.

A pension payable under this Act to a widower may be paid by the Director to a fit and proper person on behalf of the widower. Where the pensien is so paid, the person receiving the pension shall apply it in accordance with such terms and conditions as may be determined by the

Director for the maintenance, support, or benefit of the widower and his child or children, if any, who would be entitled on his death to receive a pension under this Act.

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Where the Director is‘satisfied that a widower-who is in receipt of a pension under this Act has deserted or abandoned, or is failing to maintain or assist, so far as his means allow, a child who would be entitled on his death to receive a pension under this Act, the Director may, having regard to the circumstance of the case, pay to such child, or to a fit and proper person on behalf of-such child, such portion of the widower’s pension as he thinks fit, having regard to the needs of such child; and the widower shall have no further claim in respect of any portion of his pension so paid. Any portion of a widower’s pension paid under this section to any person on behalf of a child of the widower shall be applied by that person in accor-child)

dance with such terms and conditions as may be determined by the Director, for the maintenance, support or benefit of such child.

A pension payable under this Act to a minor may be paid by the Director either directly to the minor or to such holder of a designated office or such other person as may be appointed by the Director in writing to receive the pension on behalf of the minor. Where the pension is paid to any person so appointed, he shall apply the pension for the maintenance, support or benefit of the minor in acoordance with such terms and conditions as may be determined by the Director.

In. determining under section 21 or section 22 or this section, any terms and conditions for the maintenance, support or benefit of a widower or any child, the Director shall have regard to the welfare and needs of such widower or such child.

No pension payable under this Act shall be assigned or transferred, and accordingly every assignment or transfer made in contravention of this section shall be null and void. No such pension shall be attached or levied upon or arrested or taken in execution on account of any debt or payment due by the person to whom such pension is payable.

No widower of a contributor whose marriage was contracted after she had ceased to contribute, and no child, of such marriage, shall. be entitled to any pension under this 26.. (1) Notwithstanding anything in this Act an officer who has elected to contribute to the scheme and who has reckonable pensionable service under the Minutes on

Pensions prior to the date she became a contributor may, at her option, make a contribution at four per centum of her salary in respect of such reckonable service together with four per centum interest.

Contribution in respect of pensionable service.

The contribution and ‘interest referred to in subsec-tion (1) may be paid. by the officer—

Where any officer makes payment of the contribution and. interest referred to in subsection (1) in the manner provided in paragraph (c) of subsection (2), she may at any time, before the completion of the payment of the

Where an officer has not paid the contributions and interest referred to in subsection (1) or where she has paid only a part thereof, the widower of such contributor may make payment of the entirety of such contributions and interest or any outstanding balance thereof, as the case may be, in such manner as the Director may determine, having regard to the financial resources of such widower.

Where a contributor who is a spinster retires from, or otherwise leaves, the public service unmarried, the contributions made by such contributor under this Act shall be refunded to her with compound interest at two and a half per centum per annum.

Where a contributor who is a spinster dies while in the public service, the contributions made by her under this Act shall be paid to her legal representatives.

Where a contributor, who is a widow without pensionable children, retires from the public service on pension or where a contributor who is a widow without pensionable children, leaves the public.service by resigna-tion, or otherwise or where a contributor who is a widow without pensionable children, dies whilst in the public service, such contributor or legal representative of such contributor, as the case may be, shall be entitled to a refund

‘of the entirety of her repayable contributions with com-pound interest thereon at two and a half per centum,

29 Where a married contributor leaves the public service she shall, if she is not eligible for a pension under the

Minutes on Pensions, be entitled to a refund of the entirety of her contributions under this Act without interest and upon the refund of such contributions such contributor or any person claiming through or under her shall cease to be entitled to any benefits under this Act.

No pension to which a widower or orphan of a deceased contributor becomes entitled under this Act, shall be liable to the payment of estate duty under Estate

Duty Act, No. 13 of 1980.

12.

Widowers and Orphans Pension

Where any question arises as to whether any person is a contributor within the meaning of this Act or as to whether any person is entitled to a pension under this Act as a widower or as an orphan of a contributor or as to the amount of pension to which a widower or orphan is entitled to under this Act, such question shall be decided by the

Secretary to the Ministry of the Minister.

In this Act, unless the context otherwise requires—

“ contributor” means a person who—

being an officer on the appointed date elects, under section 3 (6) to be a contributor to the pension scheme, or

becomes an officer after the appointed date