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Short title.
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1.This Act may be cited as the Widows’ and Orphans’ Pension Scheme (Armed Forces) Act.
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Establishment of Widows’ and Orphans’ Pension Scheme.
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2. There may be established, in accordance with the regulations, a Widows’ and Orphans’ Pension Scheme for the grant of pensions to the widows and orphans of deceased members of the armed forces who have been, or are deemed to have been, contributors to such Pension Scheme.
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Contributors to the Pension Scheme.
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3.
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(1) Any person who became a member of the armed forces on or before September 30, 1968, and who continues to be such member after that date may before the prescribed date elect to be a contributor to the Pension Scheme :
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Provided that where such person dies before the prescribed date and without making an election under the preceding provisions of this subsection, 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 Pension Scheme.
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(2) Any person who has become or becomes a member of the armed forces on or after October 1, 1968, shall be a contributor to the Pension Scheme.
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(3) An election made under subsection (1) shall be final.
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Extension of the Pension Scheme to include members who are continuing in service, or who have retired or died.
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3A.
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(1) Any person who became a member of the armed forces on or before September 30, 1968, and who continued to serve as such member after the said date, or who may have subsequently retired, and who under the provisions of subsection (1) of section 3, had elected not to be a contributor to the Pension Scheme established in accordance with the regulations, may, within a period of two years from the date of coming into operation of this section, elect to be a contributor to ‘ the said Pension Scheme:
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Provided that, where any person who was a member of the armed forces in the circumstances specified above, has died prior to the coming into operation of this section, or dies before making an election under the preceding provisions of this subsection, such person 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 Pension Scheme.
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(2) 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 Scheme all arrears of contributions for the period commencing from October 1, 1968, until the date of election, retirement or death, as the case may be, with interest thereon at four per centum per annum.
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(3) An election made under the provisions of subsection (1) shall be final.
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(4) The provisions of this section shall have effect notwithstanding anything to the contrary contained in section 3 of this Act.
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Extension of time limit to become a contributor to the Pension Scheme.
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3B.
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(1) Any person who became a member of the Armed Forces on or before September 30th 1968 and who-
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(a) continued, or continues, to be such member after that date ; and
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(b) has not elected, under section 3 or section 3A, to be a contributor to the Pension Scheme, may, before such date as the Minister may appoint by Order published in the Gazette,
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elect to be a contributor to the Pension Scheme :
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Provided however, that where a member of the armed forces referred to in this subsection has died prior to the coming into force of this section or dies before the dale appointed under this subsection without making an election under this subsection, such person 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 Pension Scheme.
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(2) Every person who effects under subsection (1) to become a contributor to the Pension Scheme or in the case of a person who is deemed under that subsection to have elected to have become a contributor to 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 on October 1, 1968 and ending on the dale of retirement or death, as the case may be, with interest thereon at the rate of four per centum per annum.
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(3) An election made under the provisions of subsection (1) shall be final.
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(4) The provisions of this section shall have effect, notwithstanding anything to the contrary in section 3 or 3A.
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Regulations for the Pension Scheme.
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4.
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(1) Regulations may be made-
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(a) providing for the establishment, regulation, administration and management of the Pension Scheme;
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(b) prescribing the conditions and circumstances in which, and the restrictions subject to which, the widows and children of deceased contributors will be eligible for the grant of pensions;
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(c) fixing the contributions to be made to the Pension Scheme by contributors;
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(d)authorizing the deduction of contributions from the pay and allowances of, or from other moneys due to or in respect of, contributors and prescribing the procedure for making such deductions;
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(e) authorizing the payment into the Consolidated Fund of contributions made to the Pension Scheme by contributors;
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(f) prescribing the circumstances in which, and the conditions subject to which the contributions made to the Pension Scheme by a contributor may be refunded and providing for the payment of interest on contributions so refunded;
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(g) prescribing the mode of calculating the pensions payable to the widows and children of deceased contributors;
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(h) in respect of all matters incidental to or connected with the Pension Scheme for which no express provision is made in this Act.
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(2) Without prejudice to the generality of the provisions of subsection (1), regulations made under that subsection in respect of any matter may make provision similar to that made in respect of the same matter in the Widows’ and Orphans’ Pension Fund Ordinance.
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Pensions, &c, to be a charge on the Consolidated Fund.
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5. All pensions, refunds and interest on refunds payable under this Act shall be a charge on the Consolidated Fund.
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Contributions, &c, not to be assigned or attached.
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6. Any contribution, pension, refund, or interest on a refund payable under this Act shall not be assignable or transferable or liable to be attached, or sequestered or levied upon, in execution of any decree or order of court, for or in respect of any debt or claim whatsoever.
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Minister in charge of Public Administration to make regulations.
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7.
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(1) The Minister in charge of the subject of Public Administration may make regulations in respect of alt matters for which regulations are authorized to be made under this Act.
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(2) Every regulation made by the Minister under subsection (1) shall be published in the Gazette and shall come into operation on the date specified in that behalf in the regulation or, if no date is so specified, on the date on which it is so published.
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(3) Regulations made by the Minister under subsection (1) authorizing the deduction of contributions to the Pension Scheme from the pay and allowances of, or from other moneys due to or in respect of, contributors and prescribing the procedure for making such deductions shall have effect notwithstanding anything to the contrary in any other written taw.
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(4) Every regulation made by the Minister under subsection (1) shall, as soon as practicable, be brought before Parliament by a motion that such regulation shall be approved.
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(5) Any regulation which Parliament refuses to approve shall be deemed to be rescinded but without prejudice to the validity of anything previously done thereunder. The date on which a regulation shall be so deemed to be rescinded shall be the date on which Parliament refuses to approve.
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(6) Notification of the date on which any regulation made by the Minister under subsection (1) is deemed to be rescinded shall be published in the Gazette.
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Interpretation.
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8. In this Act, unless the Context otherwise requires-
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” contributor” means a member of the armed forces who is, or is deemed to have been, a contributor to the Pension Scheme;
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“member of the armed forces” means any person-
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(a) who, being a male, is an officer or soldier of the Regular Force of the Sri Lanka Army, or
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(b) who, being a male, is an officer or seaman of the Regular Naval Force of the Sri Lanka Navy, or
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(c) who, being a male, is an officer or airman of the Regular Air Force of the Sri Lanka Air Force,
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but does not include-
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(i) any such officer or soldier of the Regular Reserve, Volunteer Force or Volunteer Reserve as is deemed to be an officer or a soldier of the Regular Force under subsection (3) of section 3 of the Army Act, or
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(ii) any such officer or seaman of the Regular Naval Reserve, Volunteer Naval Force or Volunteer Naval Reserve as is deemed to be an officer or a seaman of the Regular Naval Force under subsection (3) of section 3 of the Navy Act, or
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(iii) any such officer or airman of the Regular Air Force Reserve, Volunteer Air Force or Volunteer Air Force Reserve as is deemed to be an officer or airman of the Regular Air Force under subsection (3) of section 3 of the Air Force Act;
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“Pension Scheme” means the Widows’ and Orphans’ Pensions Scheme established under this Act;
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“prescribed” means prescribed by regulation; ” regulation ” means a regulation made by the Minister in charge of the subject of Public Administration under this Act.
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Restrospective effect of certain provisions of this Act.
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9. The provisions of section 2, section 4 and section 7 and the other provisions of this Act in their application to the Pensions Scheme shall have effect and be deemed to have had effect from the first day of October, 1968, and accordingly any regulation made under this Act in respect of such Scheme may be declared to be effective from that date or any subsequent date.
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