ACT, No. 29 OF 2009

29of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
WIDOWS’ AND ORPHANS’ PENSION
SCHEME (ARMED FORCES) (AMENDMENT)
ACT, NO. 29 OF 2009
—————————
[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
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Widows’ and Orphans’ Pension Scheme 1
(Armed Forces) (Amendment) Act, No. 29 of 2009
[Certified on 18th May, 2009]
L. D. —O. 82/2006.
AN ACT TO AMEND THE WIDOWS’ AND ORPHANS’ PENSION SCHEME
(ARMED FORCES) ACT, NO. 18 OF 1970
BE enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Widows’ and Orphans’ Short title.
Pension Scheme (Armed Forces) (Amendment) Act, No. 29
of 2009.
2. The Widows’ and Orphans’ Pension Scheme (Armed Insertion of new
Forces) Act, No. 18 of 1970 (hereinafter referred to as the section 3AA in
“principal enactment”) is hereby amended by the insertion Widows’ and
Orphans’
immediately after section 3A thereof, of the following new
Pension Scheme
section:— (Armed Forces)
Act, No. 18 of
“Persons to 3AA. For the purposes of sections 3, 3A and 1970.
whom the 3B of this Act, “a member of the armed forces”
provisions of means any person—
sections 3, 3A
and 3B shall (a) who, being a male, is an officer or soldier
apply.
of the Regular Force of the Sri Lanka
Army; or
(b) who, being a male is an officer or seaman
of the Regular Naval Force of the Royal
Ceylon Navy or Sri Lanka Navy as the
case may be; or
(c) who, being a male, is an officer or airman
of the Regular Air Force of the Royal
Ceylon Air Force or Sri Lanka Air Force
as the case may be.”.
3. The following new sections are hereby inserted Insertion of new
immediately after section 3B of the principal enactment and sections 3C, 3D,
3E and 3F in the
principal
enactment.
2 Widows’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 29 of 2009
shall have effect as sections 3C, 3D, 3E and 3F of that
enactment:—
“Extension 3C. (1) any person who became a member
of the
of the Volunteer Force of the armed forces on a
Pension
Scheme to date prior to the coming into operation of this
the members section and who had retired with pension
of the benefits or who continues to be in such Force
Volunteer
on such date as such member, may, on making
Force,
Regular an application in that behalf before such date
Reserve and as the Minister may appoint by Order published
Volunteer in the Gazette, elect to be a contributor to the
Reserve of
the armed Pension Scheme.
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 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.
(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),
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.
Widows’ and Orphans’ Pension Scheme 3
(Armed Forces) (Amendment) Act, No. 29 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.
Extension of 3D. (1) (a) any male officer or male soldier
the Pension of the Regular Force, Regular
Scheme to
Reserve Force, Volunteer Force or
the members
of the armed Volunteer Reserve Force of the
forces who Sri Lanka Army; or
become
disabled due
(b) any male officer or sailor of the
to injuries
sustained Regular Force, Regular Reserve
whilst Force, Volunteer force or
performing Volunteer Reserve Force of the
operational
Sri Lanka Navy; or
duties &c,.
(c) 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
4 Widows’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 29 of 2009
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.
(2) 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.
(3) The provisions of subsection (4) and (5)
of section 3C shall mutatis mutandis apply to a
person referred to in this section.
A Person 3E. Any person who becomes a member of
who becomes
the Regular Reserve Force, Volunteer Force or
a member of
the armed Volunteer Reserve Force of armed forces on or
forces after after the date on which the provisions of this
the coming section comes into operation, shall be a
into
operation of contributor to the Pensions Scheme from and
this section, after such date.
to be a
contributor.
Definition of 3F. For the purpose of section 3C, 3D and 3E,
the member “a member of the Regular Reserve Force,
of the
Regular Volunteer Force or Volunteer Reserve Force of
Reserve the armed forces” shall—
Force &c,.
for the (a) in relation to the Sri Lanka Army, be
purpose of
deemed to be an officer or soldier as the
sections 3C,
3D and 3E. case may be, of the Regular Force under
subsection (3) of section 3 of the Army
Act; or
Widows’ and Orphans’ Pension Scheme 5
(Armed Forces) (Amendment) Act, No. 29 of 2009
(b) 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
(c) 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.”.
4. Section 8 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor:— section 8 of the
principal
enactment.
“Interpretation. 8. In this Act unless the context otherwise
requires—
“contributor” means a member of the armed
forces who is or who is deemed to be a
contributor under the Act and includes
a member who has elected or is deemed
to have elected to be a contributor
under the provisions of sections 3C
and 3D of the Act.”.
5. In the event of any inconsistency between the Sinhala Sinhala text to
prevail in case
and Tamil texts of this Act, the Sinhala text shall prevail.
of inconsistency.

6 Widows’ and Orphans’ Pension Scheme
(Armed Forces) (Amendment) Act, No. 29 of 2009
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