ACT, No. 28 OF 2009

28of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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WIDOWERS’ AND ORPHANS’ PENSION
SCHEME (ARMED FORCES) (AMENDMENT)
ACT, NO. 28 OF 2009
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[Certified on 18th May, 2009]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of May 22, 2009
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Widowers’ and Orphans’ Pension Scheme 1
(Armed Forces) (Amendment) Act, No. 28 of 2009
[Certified on 18th May, 2009]
L. D. — O. 56/2007
ANACT TO AMEND THE WIDOWERS’ AND ORPHANS’ PENSION SCHEME
(ARMED FORCES) ACT, NO. 60 OF 1998
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Widowers’ and Orphans’ Short title.
Pension Scheme (Armed Forces) (Amendment) Act, No. 28
of 2009.
2. The Widowers’ and Orphans’ Pension Scheme (Armed Insertion of new
Forces) Act, No. 60 of 1998 (hereinafter referred to as the section 4A in
Act, No. 60 of
“principal enactment” is hereby amended by the insertion 1998.
immediately after section 4 thereof, of the following new
section:—
“Meaning of 4A. For the purposes of sections 3 and 4 of
a “member
this Act, “a member of the Armed Forces” means
of the Armed
Forces” for any person—
the purpose
of sections 3
(a) who, being a female, is an officer or
and 4.
soldier of the Regular Force of the Sri
Lanka Army; or
(b) who, being a female, is an officer or
seaman of the Regular Naval Force of
the Royal Ceylon Navy or the Sri Lanka
Navy, as the case may be; or
(c) who being a female, is an officer or
airman of the Regular Air Force of the
Royal Ceylon Air Force or the Sri Lanka
Air Force, as the case may be.”.
2 Widowers’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 28 of 2009
Insertion of 3. The following new sections are hereby inserted
new sections immediately after section 4A of the principal enactment and
4B, 4C, 4D, 4E
and 4F in the shall have effect as sections 4B, 4C, 4D, 4E and 4F of that
principal enactment:—
enactment.
“Extension 4B. (1) Any person who has become a
of the member of the Volunteer Force of the Armed
Pension
Forces and had retired with pension benefits
Scheme to
the Members on a date prior to the coming into operations
of the of this section, or who continues to be in such
Regular, force on such date as such member may, on
Reserve, making an application in that behalf before
Volunteer
such date as the Minister may appoint by Order
Force or
Volunteer published in the Gazette, elect to be a
Reserve of contributor to the Pension Scheme.
the Armed
Forces.
(2) 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 Forces, 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 before such date as the
Minister may appoint by Order published in
the Gazette, elect to be a contributor to the
Pension Scheme.
(3) 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),
she shall, if she leaves a husband or child or a
husband and a child or a husband and children,
be deemed to have elected to be a contributor
to the Pension Scheme.
Widowers’ and Orphans’ Pension Scheme 3
(Armed Forces) (Amendment) Act, No. 28 of 2009
(4) 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.
(5) An election made under the provisions
of subsections (1) or (2) above shall be final.
A person 4C. Any person who becomes a member of
who becomes
the Regular Reserve, Volunteer Force or
a member of
the Armed Volunteer Reserve of Armed Forces on or after
Forces after the date on which the provisions of this section
coming into
operation of comes into operation, shall be a contributor to
this section, the Pension Scheme from and after such date.
to be a
contributor.
Entitlement 4D. Where a member of the Armed Forces
to pension has been employed in any position in the
Schemes
other than public service either before joining the Armed
the Pension Forces or after leaving the Armed Forces and
Scheme she is in addition to her pension as a member
under the
of the Armed Forces, entitled to a pension by
Act.
virtue of such employment, her widower and
orphans shall in the event of her death be
entitled to receive as pension, either—
(a) such amount as shall not exceed the
aggregate pensions she would have
received, had she served the full period
of service with the Armed Forces; or
4 Widowers’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 28 of 2009
(b) such amount as shall not exceed the
aggregate pensions she would have
received, had she served the full period
of service in the public service.
Extension of 4E. (1) (a) any female officer or female
the Pension
soldier of the Regular Force,
Scheme to
the members Regular Reserve Force, Volunteer
of the Armed Force or Volunteer Reserve Force
Forces who
become of the Sri Lanka Army; or
disabled due
to injuries (b) any female officer or female
sustained
whilst seaman of the Regular Force,
performing Regular Reserve Force, Volunteer
operational Force or Volunteer Reserve Force
duties.
of the Sri Lanka Navy; or
(c) any female officer or female
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
of the Sri Lanka Army, Sri Lanka Navy, or Sri
Lanka Air Force as the case may be, and who is
in receipt of a pay and allowance till she reaches
fifty five 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.
Widowers’ and Orphans’ Pension Scheme 5
(Armed Forces) (Amendment) Act, No. 28 of 2009
(2) Where a person referred to in subsection
(1), dies before the prescribed date without
making an election under that subsection, she
shall, if she leaves a spouse or a child or a
spouse and child or a spouse and children, be
deemed to have elected to be a contributor to
the Pension Scheme.
(3) The provisions of subsections (4) and
(5) of section 4B shall mutatis mutandis apply
to a person referred to in this section.
Interpretation. 4F. For the purpose of sections 4B, 4C and 4D
“a member of the Regular Reserve, Volunteer
Force or Volunteer Reserve of the Armed
Forces” shall—
(a) in relation to the Sri Lanka Army, be
deemed to be, a female officer or female
soldier as the case may be, of the Regular
Force under subsection (3) of section 3
of the Army Act; or
(b) in relation to the Sri Lanka Navy, be
deemed to be, a female officer or a female
seaman as the case may be, of the Regular
Naval Force under subsection (3) of
section 3 of the Navy Act; or
(c) in relation to the Sri Lanka Air Force, be
deemed to be a female officer or female
airman as the case may be of the Regular
Air force under subsection (3) of section
3 of the Air Force Act.”.
4. In the event of any inconsistency between the Sinhala Sinhala text
and Tamil texts of this Act, the Sinhala text shall prevail. to prevail in
case of
inconsistency.

6 Widowers’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 28 of 2009
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