WIDOWERS' AND ORPHANS' PENSION act

Arrangement of Sections

1. Short title.

2. Establishment of the pension scheme for the widowers and orphans of female public officers and the Director of Pensions to be in charge of the administration of the scheme.

3. Deduction from salaries.

4. Period for which deduction shall be made.

5. Contributor to furnish particulars within three months of the date of her becoming a contributor.

6. Death or divorce of husband, death of child, marriage of female child to be notified.

7. Contributor to notify birth or adoption of child.

8. Contributor to make supplementary declaration with proof of matters stated therein.

9. Who shall be entitled to the pension.

9A. Payment of pension to public officers who die due to any act which constitutes an offence under Emergency Regulations.

9B. Payment of pension to widowers of officers specified in Schedule GQ of Minutes on Pensions.

10. Contributor deemed to be a widow on divorce.

11. Contributor dying within one year of marriage.

12. When pension to orphans shall cease.

13. Life time pension to orphans permanently incapacitated.

14. Computation of pension.

15. Special provisions relating to pensionable service.

16. Pension payable to be a charge on the Consolidated Fund.

17. Pension to orphans.

18. Provisions in case of widower remarrying.

19. Provision in case of a widower and children of a previous marriage.

20. Pension to be paid monthly.

21. Payment of pension due to a widower.

22. Failure to maintain child.

23. Payment of pension due to a minor.

24. Pension not to be assigned or levied upon.

25. Widower not entitled to pension if marriage contracted after contributor ceased to contribute.

26. Contribution in respect of pensionable service.

26A. Special provisions applicable to married public officers who are contributors and who leave the public service without pension.

27. Refund of contribution to spinster.

28. Refund of contributions to widows without pensionable children.

28A. Refund of all contribution in certain cases.

29. Refund of contribution to contributor leaving public service without pension.

30. Exemption from estate duty.

31. Certain questions to be decided by the Secretary to the Ministry of the Minister.

31A. Regulations.

32. Interpretation.

24 of 1983,

19 of 1985,

16 of 1997,

56 of 1998,

65 of 1998,

2 of 2001,

9 of 2010.

AN ACT to provide for the payment of Pensions to Widowers and Orphans of female public officers.

[Date of Commencement: 19th July, 1983]

1. Short title.

This Act may be cited as the Widowers and Orphans Pension Act, No. 24 of 1983, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereafter in this Act referred to as the "appointed date”).

2. Establishment of the pension scheme for the widowers and orphans of female public officers and the Director of Pensions to be in charge of the administration of the scheme.

(1) There shall be a pension scheme (hereinafter referred to as the pension scheme) for the payment of pension to widowers and orphans of female public officers who are entitled to the payment of pension under the Minutes of pension.

(2) The Director of Pensions shall be in charge of the administration, of the pension scheme.

3. Deduction from salaries.

(1) From and after the appointed date, a monthly deduction at such percentage as may be determined from time to time by the Minister shall be made from the full salary of every contributor notwithstanding that she may receive in that month as salary an amount less than the full salary or may not receive as salary any amount whatsoever.

(2) The deduction referred to in subsection (1) shall be made by the Deputy Secretary to the Treasury and credited by him to the Consolidated Fund.

(3) Where the deduction referred to in subsection (1) not made from the salary of a contributor such contributor shall pay the Deputy Secretary to the Treasury, within thirty days after the receipt by her of her salary, such sum as is required to be deducted from her salary for each month under subsection (1) or where a contributor is on leave without salary, she shall pay before the thirtieth, day, of each and every month during the continuance of such leave, to the Deputy Secretary to the Treasury a sum equal to the sum that would have been deducted from her salary each month under subsection (1) had she not been on leave.

(4) Every sum payable by a contributor to the Deputy Secretary to the Treasury under subsection (3) shall be a debt due from her to the State and shall, anything in any other law, be recoverable with compound interest thereon at four per centum per annum.

(5) The Deputy Secretary to the Treasury shall deduct from any moneys payable to a contributor by the State, any such debt due from such contributor to the State as is referred to in subsection (4).

(6) —

(a) an officer holding office on the appointed date may, before such date as may be appointed, for the purposes of this subsection, by the Minister, from time to time, by Notice published in the Gazette, elect to be a contributor to the Pension Scheme. Where any such officer has died prior to the coming into force of this subsection or dies before the date appointed for the purposes of this subsection without making an election as aforesaid, she shall, if she leaves a husband or child or a husband and child or a husband and children, be deemed to have elected to be a contributor to the Pension Scheme;

(b) any person who elects to become a contributor under this subsection or in the case of a person who is deemed to have elected to become a contributor to the Pension Scheme under this subsection, the person administering the estate of such deceased person, shall pay to the Pension Scheme in such installments as may be determined by the Minister by notice published in the Gazette, all arrears of contributions for the period commencing from the appointed date until the date of election, retirement or death, as the case may be, with compound interest thereon at the rate of four per centum per annum;

(c) where a contributor or the person administering the estate of a deceased contributor is unable to pay the arrears of contribution, such arrears shall be recovered from the pension payable to the widower or orphans of such contributor, in such installments as may be determined by the Director.

[S 3(6) subs by s 2 of Act 2 of 2001.]

4. Period for which deduction shall be made.

The deduction referred to in section 3 shall continue to be made from the salary of a contributor so long as she is in the public service and shall cease on the date on which she leaves the public service.

5. Contributor to furnish particulars within three months of the date of her becoming a contributor.

Every contributor shall, within three months of the date of her becoming a contributor, forward to the Director a declaration setting out the date of her becoming a contributor, her name in full and the date of her birth and if she is married, the date of her marriage, the full name of her husband and if she has a child or children; their names in full and the dates of their respective births.

6. Death or divorce of husband, death of child, marriage of female child to be notified.

Every contributor whose husband dies or who divorces her husband or whose child dies or whose female child gets married and the guardian of every such child who dies or of every such female child who gets married, shall within three months thereof, notify the Director the date of such, divorce, or marriage as the case may be.

7. Contributor to notify birth or adoption of child.

Every contributor shall notify the Director the date of birth of each child born to her or legally adopted by her after the date of the declaration forwarded by her under section 5, within three months of such birth or adoption, as case may be.

8. Contributor to make supplementary declaration with proof of matters stated therein.

If the Director finds that any information furnished or notified by any contributor or guardian under section 5 or section 6 or section 7 is incorrect or incomplete, he may by written notice, require such contributor or guardian to make a further declaration giving the correct or complete information with adequate proof of all the particulars contained in such declaration or notification within the time specified in such notice and it shall be the duty of such contributor or guardian to comply with the requirements of every such notice.

9. Who shall be entitled to the pension.

The widowers and orphans of officers who were subject to deductions under this Act shall, subject to the other provisions of this Act, be entitled to a pension under this Act.

9A. Payment of pension to public officers who die due to any act which constitutes an offence under Emergency Regulations.

(1) Where any officer who is subject to deductions under this Act dies before reaching her age of retirement due to any act which constitutes an offence under the Emergency Regulations for the time being in force or due to any natural disaster, the widower and the children of such officer shall not withstanding any other provisions of this Act be entitled—

(a) from the date of such death, to receive a pension calculated in accordance with the provisions of this Act, based on the salary such officer was drawing at the time of her death, till the date on which, had she lived, such officer would have reached her age of retirement; and

(b) from and after the date on which she would have reached her age of retirement, to receive a pension calculated in accordance with the provision of this Act based on the revised salary, with all the increments to which, had she lived, such officer would have been entitled to receive till she reached her age of retirement.

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