WIDOWERS' AND ORPHANS' PENSION SCHEME (ARMED FORCES) ACT

Arrangement of Sections

1. Short title.

2. Establishment of Widowers' and Orphans Pension Scheme.

3. Contributors to the Pension Scheme.

4. Extension of the Pension Scheme includes members who are continuing in service, or who have retired or died.

4A. Meaning of "a member of the Armed Forces” for the purpose of sections 3 and 4.

4B. Extension of the Pension Scheme to the members of the Regular, Reserve, Volunteer Force or Volunteer Reserve of the Armed Forces.

4C. A person who becomes a member of the Armed Forces after coming into operation of this section, to be a contributor.

4D. Entitlement to Pension Schemes other than the Pension Scheme under the Act.

4E. Extension of the Pension Scheme to the members of the Armed Forces who become disabled due to injuries sustained whilst performing operational duties.

4F. Interpretation.

5. Regulations for the Pension Scheme.

6. Pensions to be a charge on the Consolidated Fund.

7. Contributions not to be assigned or attached.

8. Minister to make regulations.

9. Interpretation.

10. Retrospective effect of this Act.

11. Sinhala text to prevail in case of inconsistency.

60 of 1998,

28 of 2009.

AN ACT to establish and maintain a Scheme for the grant of Pensions to Widowers and Children of deceased members of the Armed Forces and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 15th December, 1998]

1. Short title.

This Act may be cited as the Widowers' and Orphans' Pension Scheme (Armed Forces) Act.

2. Establishment of Widowers' and Orphans Pension Scheme.

There may be established, in accordance with the regulations, a Widowers' and Orphans' Pension Scheme (hereinafter referred to as the "Pension Scheme”) for the grant of pensions to the widowers and orphans of deceased members of the Armed Forces who have been, or are deemed to have been, contributors to such Pension Scheme.

3. Contributors to the Pension Scheme.

(1) Any person who became a member of the Armed Forces on or before July 31, 1983, and who continues to be such member after that date may before the prescribed date elect to be a contributor to the Pension Scheme:

Provided that, where such person dies before the prescribed date and without making an election under the preceding provisions of this subsection, 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.

(2) Any person who has become or becomes a member of the Armed Forces on or after August 1, 1983, shall be a contributor to the Pension Scheme, from the date on which she becomes a member of the Armed Forces:

Provided that, where any such person has died prior to the date of commencement of this Act, she shall, if she leaves a husband or child or a husband and child or a husband and children, be deemed to be a contributor to the Pension Scheme.

(3) Where any person is deemed to be a contributor to the Pension Scheme under the proviso to subsection (1) or (2) of this section, the person administering the estate of such person shall pay to the Pension Scheme all arrears of contributions for the period commencing from August 1, 1983 and ending on the date of her death or the period commencing from the date on which she became a member of the Armed Forces and ending on the date of her death, as the case may be, with interest thereon at four per centum per annum.

(4) An election made under subsection (1) shall be final.

4. Extension of the Pension Scheme includes members who are continuing in service, or who have retired or died.

(1) Notwithstanding anything in this Act, any person who became a member of the Armed Forces on or before July 31, 1983, and who continued to serve as such member after that date, and who has subsequently retired, may, before the prescribed date, elect to be a contributor to the Pension Scheme:

Provided that any person who became a member of the Armed Forces on or before July 31, 1983, who has continued to serve as such member after that date and who has died prior to the date of commencement of this Act, or dies before making an election under the preceding provisions of this subsection, such person 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.

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