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Short title.
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1. This Law may be cited as the Parliamentary Pensions Law.
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Establishment of pension scheme.
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2. There shall be established a non-contributory pension scheme (hereinafter referred to as” the pension scheme “) for the grant of pensions to persons who have ceased to be Members of the Legislature and the widows and children of such persons.
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3. Any person who has served as a Member of the Legislature of Sri Lanka after July 7, 1931, and who is a citizen of Sri Lanka at the time of coming into operation of this Law, and the widow and children of such persons, shall subject as hereinafter provided, be entitled to a pension under this Law.
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Period of service in the Legislature.
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4.
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(1) Any person who has served as a Member of the Legislature for a minimum period of five years in the aggregate shall be entitled to monthly payment of a pension amounting to one-third of the substantive monthly allowance currently payable to a Member of the National State Assembly and a maximum of two-thirds of such substantive monthly allowance if he has served an aggregate period of fifteen years or more as such Member:
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Provided that any person who has served as a Member of the Legislature for a period of more than five years but less than fifteen years shall receive a monthly proportionate pension determined in accordance with a table of payment to be prepared by the Speaker with the concurrence of the Minister in charge of the subject of Finance.
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(2) Any person who, during his period of service as a Member of the Legislature, has held any one or more of the offices set out in the Schedule to this Act, for a minimum period of five years in the aggregate, shall”
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(a) If he has held only one such office or more than one payment of a pension amounting to one-third of the basic salary currently payable to the holder of such office; or
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(b) if he has held more than one such office, and the salary payable to the holder of one such office is higher than the salary payable to the holder or holders of the other such office or offices, he shall be entitled to a monthly payment of a pension amounting to one third of the basic salary currently payable to the holder of the highest paid of such offices, and
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be entitled to a maximum of two-thirds of such basic salary, if he has held one or more of such offices for an aggregate period of fifteen years or more:
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Provided that any person who, during his period of service as a Member of the Legislature has held any one or more of the offices set out in the Schedule to this Act for an aggregate period of more than five years but less than fifteen years, shall receive a monthly proportionate pension determined in accordance with a table of payment prepared by the Speaker with the concurrence of the Minister in charge of the subject of Finance.”.
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When pension is payable to a member.
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5. Any pension payable under this Law to a person who has served as a Member of the Legislature, shall be paid only after the person entitled to such payment has ceased to be a Member of the Legislature.
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6. Where any person who is in receipt of a pension paid under this Law, not being a person who is in receipt of such pension by virtue of that person being the widow or the child of a Member of the Legislature
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Exclusion of certain periods in the computation of pension.
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7. Where a Member of any Legislature vacates his seat in such Legislature under any written law for the time being in force, other than by resignation or the dissolution of such Legislature, the period of his service as a Member in such Legislature from the date of his election to such Legislature up to the date of such vacation shall not be taken into account for the purpose of the computation of any pension under this Law.
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Payment of pension to widows and children of Members of the Legislature.
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7A.
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(1) On the death of a Member of the Legislature who is entitled to a pension under this Law, the widow of such member, or where the spouse of such member has pre deceased him, the children of such member shall receive such Pension. Such Pension shall be an amount equal to the amount payable to such member as pension at the time of his death.
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(2) The pension payable under subsection (1) to the children of a Member of the Legislature shall”
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(a) if there is only one child of such, Member entitled to such pension, be paid in its entirety to such child;
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(b) if there is more than one child of such Member entitled to such pension, be apportioned among them in equal shares.
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(3) For the purpose of subsection (1), any person who has served as a Member of the Legislature for a period of less than five years in the aggregate and whose death is certified by the Attorney-General on material furnished to him, to have been caused by an act which would in his opinion constitute an offence under the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 shall be deemed to have served as a Member of the Legislature for a minimum period of five years and entitled to a pension under this Law at the time of his death.
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(4) The pension payable under subsection (1)-
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(a) to the widow or spouse of a Member of the Legislature, shall cease upon the death or remarriage of such widow or spouse whichever occurs earlier ; and
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(b) to the child of a Member of the Legislature, shall cease upon such child attaining the age of twenty-one years or upon his marriage whichever occurs earlier.
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(5) On the death or remarriage of the widow or spouse of a Member of the Legislature entitled to a pension under this Law, this Law, to such widow or spouse at the time of her or his death or remarriage. The Pension payable under this subsection to the children of a Member of the Legislature shall”
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(a) if there is only one child of such Member entitled to such pension, be paid in its entirety to such child;
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(b) if there is more than one child of such Member entitled to such pension, be apportioned among them in equal shares.
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(6) Subject to the provisions of sub- section (5), the pension payable under sub section (5) to a child of a Member of the Legislature shall cease upon such child. attaining the age of twenty-one years or upon his marriage, whichever occurs earlier.
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(7) Notwithstanding the preceding provisions of this section, where a Medical Board comprising three medical officers appointed by the Director of Health Services determines that a child, who is entitled to receive a pension under subsection (1) or subsection (5), suffers from such physical or mental disability as renders him incapable of earning his livelihood, such child shall be the ed to receive such pension, calculated in the manner referred to in subsection (1) or subsection (5), during his life time,
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(8) For the avoidance of doubt it is hereby declared that a child legally adopted by a Member of the Legislature shall be treated as a child of that member for all purposes of this law.”,
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Person to be entitled to one pension.
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7B.
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(1) No person shall receive more than one pension payable under this Law.
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(2) Subject to subsections (3) and (4), where a person becomes entitled to more than one pension under this Law such person shall elect which pension shall be paid to him and inform the Secretary-General of Parliament of such election.
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(3) Every person who is entitled, on the day on, which this subsection comes into force, to the payment of a pension under subsection (1) and subsection (2) of section 4, shall elect the pension which shall be Paid to him within three months of, the date on which this subsection comes into force and. inform the Secretary-General of Parliament of such election,
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(4) Every person who becomes entitled, after the coming, into force of this subsection, to the payment of a pension under subsection (1) and subsection (2) of section 4 shall elect the pension which shall be paid to him within three months of his becoming entitled to the payment of pensions under both those subsections and inform the Secretary-General of Parliament ,of such section,
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(5) Every election made under subsection, (3) or subsection (4) shall be final, except in the case of a Member of the Legislature who alter having made an election under either of those subsections becomes entitled to the payment of a pension calculated at a higher rate by virtue of his becoming the holder of an office set out in the Schedule to this Act after the date of his making such election,
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Pension to include allowances currently paid to public officers on their pensions .
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7C. Any person entitled to the payment a pension under this Law shall, in addition to such pension, be also entitled to the payment of all such allowances as are currently paid to public officers on their pensions.
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Payment not to be assigned or levied on.
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8. No pension payable under this Law shall be assigned or transferred and any such assignment or transfer shall be absolutely null and void and of no effect. No such pension shall be attached or levied upon or sequestered or taken in execution on account of any debt or payment due by the person to whom such pension is payable.
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Life certificate to be furnished.
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9. No payment of pension shall be made to any person so entitled unless there is furnished to the Secretary-General of Parliament a certificate that such person to whom the payment is due, is alive at the time of payment.
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Administration of the scheme.
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10. The Secretary-General of Parliament shall in consultation with the Speaker manage the affairs connected with the pension scheme and all payments of pension shall be authorized by him out of funds sanctioned for the purpose by parliament under the Votes of Parliament,
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Payment from Consolidated Fund.
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11. The pension payable under this Law shall be a charge on the Consolidated Fund.
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Rules.
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12. The Speaker may, with the concurrence of the Minister in charge of the subject of Finance, make rules under this Law for the management of the pension scheme.
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13. In this Law, unless the context otherwise requires
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” Member of the Legislature” means a person who has been
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(a) elected or appointed as a Member of the State Council established under the Ceylon (State Council) Order in Council, 1931; or
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(b) elected or appointed as a Senator under the Ceylon (Constitution) Order in Council, 1946; or
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(c) elected or appointed as a Member of the House of Representatives established under the Ceylon (Constitution) Order in Council, 1946, and includes a Member of the First National State Assembly within the meaning of section 42 of the Constitution of Sri Lanka, 1972; or
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(d) elected as a Member of the National State Assembly established under the Constitution of Sri Lanka, 1972, and includes a Member of the First Parliament within the meaning of Article 161 of the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978; or
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(e) Elected as a Member of the Parliament established under the Constitution of the Democratic Socialist Republic of Sri Lanka 1978, and includes a member nominated under Article 99A of that Constitution ; and
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