Parliamentary Pensions (Amendment)



Parliamentary Pensions (Amendment)
AN ACT TO AMEND THE PARLIAMENTARY PENSIONS LAW.
Act Nos,
1 of 1982
[Act No. 1 of 1982Commencement and Operation4th January. 1982]
[4th January
, 1982
]
Short title.

1. This Act may be cited as the Parliamentary Pensions (Amendment) Act.

Amendment of long title of Chapter 4.


[§2, 1 of 1982]

2. The long title to the Parliamentary Pensions Law (hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the words

” A PENSION SCHEME FOR MEMBERS WHO HAVE SERVED THE LEGISLATURE FOR A CERTAIN PERIOD”, of the words “A PENSION SCHEME FOR MEMBERS WHO HAVE SERVED THE LEGISLATURE FOR A CERTAIN PERIOD AND THEIR WIDOWS “,

Amendment of section 2 of the principal enactment


[§3, 1 of 1982]

3. Section 2 of the principal enactment is hereby amended by the substitution for the words ” persons who have ceased to be Members of the Legislature. “, of the words “persons who have ceased to be Members of the Legislature and the widows of such persons.”.

Amendment of section 3 of the principal enactment


[§4, I of 1982]

4. Section 3 of the principal enactment is hereby amended by the substitution for all the words from “at the time of coming into operation of this Law,”, to the end of that section, of the words “at the time of the coming into operation of this Law, and the widow of such person, shall, subject as hereinafter provided, be entitled to a pension under this Law. “.

Replacement of section 5 of the principal enactment.


[§5, 1 of 1982]

5. Section 5 of the principal enactment is hereby repealed and the following section substituted therefor;

“When pension is payable to a member.

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.”.

Insertion of new sections7Aand 7n in the principal enactment.


[§6, I of 1982]

6. The following new sections are hereby inserted immediately after section 7, and shall have effect as sections 7A and 7B, of the principal enactment:

” Payment of pension to widows of Members of the Legislature.

7A.

(1) On the death of a Member of the Legislature who is entitled to a pension under this Law, the widow 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.

(2) The pension payable under subsection (1) shall be paid only during the lifetime of such widow, or where such widow remarries, until the date of such remarriage.

Person to be entitled to one pension.

7B.

(1) No person shall receive more than one pension payable under this Law.

(2) 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.”.

Amendment of section 9 of the principal enactment.


[§7, 1 of 1982]

7. Section 9 of the principal enactment is hereby amended by the substitution for the words ” such member to whom the payment is due “, of the words ” such person to whom the payment is due,”.

Replacement of section 13 of the principal enactment.


[§8, 1 of 1982]

8. Section 13 of the principal enactment is hereby repealed and the following section substituted therefor;

‘Interpretation.

13. In this Law, unless the context otherwise requires

” Member of the Legislature” means a person who has been

(a) elected or appointed as a Member of the State Council established under the Ceylon (State Council) Order in Council, 1931; or

(b) elected or appointed as a Senator under the Ceylon (Constitution) Order in Council, 1946; or

(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

(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

(e) elected as a Member of the Parliament established under the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978; and ” widow” includes a widower.’.

Payment of pension to widow of certain Members of the Legislature.


[§9, 1 of 1982]

9.

(1) Where a Member of the Legislature who was in receipt of a pension under the principal enactment is deceased on the date of commencement of this Act, then the widow of such Member shall, with effect from such date, be entitled to receive such pension. Such pension shall be an amount equal to the amount payable to such Member at the time of his death.

(2) The widow of a Member of the Legislature who would have been entitled to receive a pension under the principal enactment had he been alive at the time of the coming into operation of such enactment, shall, with effect from the date of commencement of this Act, be entitled to receive as pension such amount as would have been paid to such Member under the principal enactment.

(3) The widow

(a) of a Member of the Legislature who by virtue of the operation of the amending Act. No. 50 of 1979, would have been entitled to receive a pension under the principal enactment had he been alive at the time of the coming into operation of that Act; or

(b) of a Member of the Legislature who by virtue of the operation of this Act, would have been entitled to receive a pension under the principal enactment had he been alive on the date of commencement of this Act, shall, with effect from the date of commencement of this Act, be entitled to receive as pension such amount as would have been paid to such Member under the principal enactment.

(4) The pension payable under this section shall be paid only during the lifetime of such widow, or where such widow remarries, until the date of such remarriage.