WIDOWS' AND ORPHANS' PENSION FUND ORDINANCE

Arrangement of Sections

1. Short title.

2. Interpretation.

3. Fund how constituted.

4. Money belonging to the fund to be invested with Government.

5. Administration of this Ordinance.

6. Cost of management fund.

7. Minister to make regulations.

8. Abatement from salaries and pensions.

9. Period for which abatement shall be made.

10. Officer retiring on pension not to be called upon to contribute more than four per centum from such pension.

11. Contributions may continue in full if income reduced.

12. Time within which election under section 11 should be made.

12A. Computation of contributions in certain cases.

13. An officer deprived of his office may continue to contribute.

14. Director to appoint suitable person to exercise right of election on behalf of insane officer.

15. Provision for case of officers transferred to other employment under the Sovereign of the United Kingdom.

16. Payment of contributions under section 13 or section 15.

17. Resumption of payments by defaulting contributors.

18. Application of this Ordinance to a Public Officer having more than one wife.

19. Application of section 21 to 25 in the case of a Public Officer having more than one wife.

20. Effect of a divorce.

21. Officer to furnish particulars within three months of his appointment.

22. Officer to notify marriage.

23. Officer to notify birth or adoption of child.

24. Death or divorce of wife, death of child and marriage of female child to be notified.

25. Public Officers to furnish supplementary declarations or notifications and proof of statements made therein.

26. Penalty for non-compliance with provisions of this Ordinance.

27. Who shall be entitled to pension.

27A. Payment of pension to Public Officers who die due to acts which constitute an offence under the emergency regulations.

27B. Payment of pension to widow of officer specified in Schedule GQ of Minutes on Pensions.

28. Exemptions from benefit of fund.

29. When pension to orphans shall cease.

29A. Life time pensions to orphans permanently incapacitated.

30. Pension how computed.

31. Periodical valuation of fund.

32. Application of surplus at periodical actuarial valuations of assets and liabilities of the fund.

33. Pension to children and adopted children.

34. Provision in case of widow marrying.

35. Provision in case of a widow and children of a previous re-marriage.

36. Pension to children of a widower.

37. Pension to be paid monthly.

38. Payment of pension due to a widow.

39. Failure to maintain child.

40. Payment of pension due to a minor.

41. Pensions not to be assigned or levied upon.

42. Questions and disputes to be decided by Secretary to the Treasury.

43. Widow not entitled to pension if marriage contracted after officer had ceased to contribute.

44. Exemption of pensions from estate duty.

45. No increase or decrease of pension if residing in climate less or more healthy than Sri Lanka.

46. Refund of contributions to bachelors.

47. Application of section 46.

48. Special provisions relating to refunds in the case of bachelors.

49. Concessions to widowers without pensionable children.

49A. Refund of all contribution in certain cases.

50. Application of section 49.

51. Special provisions relating to refunds in case of widowers without pensionable children.

51A. Special provisions applicable to married Public Officers who become contributors on or after the relevant date and leave the public service without pension.

52. Calculation of compound interest for the purposes of sections 48 and 51.

53. Provisions with regard to officers appointed after 14th March 1906.

54. Application of this ordinance to such officers.

55. Calculation of pensions in respect of increments of salary of exSCHEDULE Iisting Public Officers.

56. Observance of rules in calculating pensions.

57. Computation of pensions of widows or orphans of officers appointed after 14th March, 1906.

57A. Special provisions applicable to pensions payable in respect of certain Public Officers who die on or after the relevant date.

57B. Special provisions relating to Public Officers who have not paid contributions under this Ordinance in respect of a part of their pensionable service.

57C. Special provisions relating to certain teachers.

57D. Special provisions relating to members of Armed Forces.

57E. Pensions payable in respect of officers appointed after 14th March, 1906, to be a charge on the Consolidated Fund.

57F. Pensions payable under the provisions of this ordinance other than the provisions of section 57A to be increased by twenty-five per centum.

58. Actuarial investigation of scheme of paying pensions in respect of Public Officers referred to in section 53.

SCHEDULES

1 of 1898,

13 of 1906,

10 of 1907,

15 of 1910,

16 of 1911,

4 of 1915,

3 of 1924,

3 of 1926,

11 of 1947.

8 of 1948,

33 of 1953,

45 of 1954,

1 of 1957,

44 of 1981,

57 of 1998,

64 of 1998,

8 of 2010.

AN ORDINANCE to amend and consolidate the law providing for the granting of pensions to widows and orphans of deceased Public Officers of Sri Lanka.

[Date of Commencement: 2nd June, 1898]

1. Short title.

This Ordinance may be cited as the Widows' and Orphans' Pension Fund Ordinance.

2. Interpretation.

The following words and expressions when used in this Ordinance shall have the meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction—

"Appointed date” shall mean the date1* prescribed by the Governor to be the appointed date for the purpose of this Ordinance by Proclamation published in the Gazette, the power to prescribe such date being deemed to include the power to prescribe, if necessary, a date prior to the date of publication of the Proclamation;

.

["Directors” omitted by s 2(1) of Act 44 of 1981.]

"Maximum period of contribution” with reference to any contributor, shall mean the period commencing on the date on which he becomes a contributor and ending either on the date on which he completes thirty-five continuous years as such contributor or on the date on which while still a contributor he completes sixty-five years of age, whichever is the earlier, but on and after the relevant date that expression—

(a) with reference to any person who prior to the relevant date has completed thirty-five continuous years as a contributor or has attained the age of sixty-five while still a contributor, shall mean the period commencing on the date on which he became a contributor and ending either on the date on which he completed thirty-five continuous years as a contributor or attained the age of sixty-five years, whichever was the earlier;

(b) with reference to any person who, after leaving the public service continues by virtue of section 13 or section 15 to be a contributor, shall mean the period commencing on the date on which he became a contributor and ending either on the date on which he completes thirty-five continuous years as a contributor or on the date on which while still a contributor he attains the age of sixty-five years, whichever is the earlier;

(c) with reference to any person who after retiring from the public service on pension is on the day immediately preceding the relevant date a contributor, shall mean the period commencing on the date on which he became a contributor and ending on the day immediately prior to the relevant date; and

(d) with reference to any other person who is on the relevant date or becomes on or after that date a contributor, shall mean the period commencing on the date on which he became or becomes a contributor and ending on the date on which he leaves the public service;

[Subs by s 2(2) of Act 44 of 1981.]

"Public Officer” shall mean and include—

(a) any person who at the time of the passing of this Ordinance is holding or has held any office in the public service of Ceylon, and is contributing in respect of his salary or pension to the fund established under the provisions of Ordinance No. 20 of 1885;

(b) any person who at the said time is holding, or who hereafter holds, or who on or after the appointed date holds on probation, any permanent office in the service of Sri Lanka which has been declared to be pensionable by notification published in the Gazette; and

(c) any person who, having been a Public Officer as aforesaid, is in receipt of a pension from the Government of Sri Lanka in respect of his services as such officer; but shall not include any female officer;

"Relevant date” means the date fixed by the Minister to be the relevant date for the purposes of this Ordinance by notification published in the Gazette;

[Ins by s 2(3) of Act 44 of 1981.]

"Repayable contributions”, with reference to a widower without pensionable children, shall mean the contributions which he has made under this Ordinance since the date when his wife or the last of his wives died, or the date when his child or the youngest of his children ceased to be pensionable, whichever is the later date;

"Salary” means—

(a) in relation to any period prior to October 1, 1969, the basic salary of the contributor in the pensionable office held by him but shall not include any allowance or other emoluments or the value of any other advantage which the contributor may receive or enjoy;

(b) in relation to any period after October 1, 1969, but before April 1, 1975, the hypothetical basic salary corresponding to the consolidated salary of the contributor in the pensionable office held by him as determined by the Secretary to the Ministry charged with the subject of Public Administration, but shall not include any allowance or other emoluments or the value of any other advantage which the contributor may receive or enjoy; and

(c) in relation to any period after April 1, 1975 the consolidated salary and all pensionable allowances of the contributor in the pensionable office held by him, but shall not include any fees or any other allowances accruing to any officer in respect of such office.

[Subs by s 2(4) of Act 44 of 1981.]

3. Fund how constituted.

There shall be carried to the fund created under Ordinances Nos. 20 of 18852 and 21 of 1896, and which shall continue to be styled "The Widows' and Orphans' Pension Fund” (hereinafter referred to as ”the fund”), such sums as are hereinafter required to be contributed thereto and such fund, together with the accretions of interest thereto, shall be applicable to the payment of the expenses of management thereof as hereinafter provided, and of pensions to the widows and orphans now chargeable to the same under and subject to the provisions of any repealed enactments, and to the widows and orphans of the Public Officers now or hereafter contributing to the same under and subject to the provisions hereinafter contained.

4. Money belonging to the fund to be invested with Government.

(1) All moneys belonging to the fund, whether arising from past or future contributions, fines, interest, or otherwise, shall be invested with the Government of Sri Lanka, and shall bear interest payable by the said Government during the continuance of the fund.

(2) Subject as hereinafter provided, such interest shall be at the rate of six per centum per annum, free from any deduction:

Provided that for the period commencing on the 1st day of January, 1920, and ending on the 31st day of December, 1944, such interest shall be at the rate of eight per centum per annum, free from any deduction.

(3) Such interest shall be made up on the thirty-first day of December in each year, and shall be calculated upon the mean monthly balance standing in the hands of the Deputy Secretary to the Treasury of Sri Lanka to the credit of the fund during the course of the year.

(4) Where the Minister is at any time satisfied that the amount of interest payable annually to the fund in accordance with the preceding provisions of this section is such that the fund is likely to be insufficient to meet all payments required by this Ordinance to be made from the fund, he may direct that for such number of years as he may specify in the direction such sum as he may so specify shall be paid to the fund out of the general revenue of Sri Lanka.

(5) All moneys payable by way of interest, and all sums payable by direction of the Minister under the preceding provisions of this section, shall be paid out of the general revenue of Sri Lanka; and the payment of all such moneys and sums is hereby charged upon such revenue.

(6) When all payments required by this Ordinance to be met from the fund have been made, the balance of the fund shall be paid to the general revenue of Sri Lanka.

[S 4 am by s 22 of Act 44 of 1981.]

5. Administration of this Ordinance.

(1) The Director of Pensions (hereafter in this Ordinance referred to as the "Director”) shall be in charge of the general administration of this Ordinance.

(2) The Director may generally or specially authorise any officer to exercise, perform or discharge any power, function or duty conferred or imposed on him by this Ordinance.

(3) The Director shall cause to be prepared on or before the thirty-first day of May in each year a true account of all the moneys received and paid by virtue of this Ordinance, during the period of twelve months ending on the thirty-first day of December immediately preceding in respect of Public Officers appointed on or before the 14th day of March, 1906.

(4) The account prepared under subsection (3) shall be audited by the Auditor-General, and such account shall be laid before Parliament.

[S 5 subs by s 3 of Act 44 of 1981.]

6. Cost of management fund.

The Deputy Secretary to the Treasury shall, from time to time, pay the Director from and out of the fund such sums of money as may be necessary to defray all expenses connected with the management and administration of the fund.

[S 6 am by s 4; s 22 of Act 44 of 1981.]

7. Minister to make regulations.

(1) The Minister may make regulations in respect of all matters required by this Act to be prescribed or in respect of which regulations are authorised to be made under this Act.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified therein.

(3) Every regulation shall, as soon as convenient after the publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall deemed to be rescinded from the date of such disapproval but without prejudice to anything previously done thereunder.

(4) Notification of the date in which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.

[S 7 subs by s 2 of Act 8 of 2010.]

8. Abatement from salaries and pensions.

(1) —

(a) From and after the commencement of this Ordinance up to March 31, 1975, a monthly abatement of four per centum shall be made from the full salary or pension, as the case may be, of every Public Officer, notwithstanding that for any month he may receive as salary or pension an amount less than the full salary or pension or may not receive as salary or pension any amount whatsoever.

(b) From and after April 1, 1975, a monthly abatement at such percentage as may be determined, from time to time, by the Minister shall be made from the consolidated salary of every Public Officer notwithstanding that for any month he may receive as salary an amount less than his full salary or may not receive as salary any amount whatsoever.

(c) During the period commencing on April 1, 1975, and ending on the relevant date, a monthly abatement equal to the amount of the abatement made in respect of the month in which any Public Officer retired from the public service shall be made, or where a Public Officer opts to contribute from his pension an abatement of four per centum of the unreduced pension shall be made from such pension.

[S 8(1) subs by s 5(1) of Act 44 of 1981.]

(1A) Notwithstanding anything in subsection (1) a monthly abatement referred to in that subsection shall not be made from the pension payable to a Public Officer in respect of any period commencing on or after the relevant date.

[S 8(1A) ins by s 5(2) of Act 44 of 1981.]

Deputy Secretary to the Treasury and Crown Agents to deduct from salaries and pensions.

(2) The abatement referred to in subsection (1) shall be made by the Deputy Secretary to the Treasury from the salaries and pensions of contributors, or, in the case of payments made by the Crown Agents by such Crown Agents upon each occasion of payment of salary or pension, and shall be placed to the credit of "The Widows' and Orphans' Pension Fund”.

Provided that in the latter case such abatement shall be calculated and made in rupees by the Crown Agents on the full salary in rupees payable to such contributor, when employed in Sri Lanka, or on the pension in rupees payable to such contributor if resident in Sri Lanka and such contributor shall be entitled to receive from the Crown Agents the equivalent in sterling of the balance in rupees of such salary or pension, calculated at the rate at which such contributor is entitled to receive such salary or pension in England.

[S 8(2) subs by s 5(3) of Act 44 of 1981.]

Officers required to pay abatement to the Deputy Secretary to the Treasury or Crown Agents.

(3) In the event of the abatement referred to in paragraph (a) or paragraph (b) of subsection (1) of this section not being made, every Public Officer shall pay to the Deputy Secretary to the Treasury or Crown Agents within fifteen days after the receipt by him of his salary or pension such sum as he may be required to pay under subsection (1) of this section, or in the event of any Public Officer being on leave without salary such police officer shall pay before the fifteenth day of each and every month during the continuance of such leave, to the Deputy Secretary to the Treasury or Crown Agents a sum equal to the sum he would have paid under paragraph (a) or paragraph (b), had he not been on leave. All sums due under the provisions of this subsection and the arrears of any contribution due and payable under the provisions of Ordinance No. 21 of 18963 shall be taken to be a debt due to the fund by the Public Officer, and shall be payable to the Deputy Secretary to the Treasury or Crown Agents, together with compound interest at six per centum, or after the appointed date, at four per centum per annum, forthwith or by such installments as the Director may determine. The Deputy Secretary to the Treasury or the Crown Agents shall, upon the written order of the Director or of any two of them, deduct from any moneys which may be or may become due or payable to the Public Officer by whom such debt is payable the whole or any part of such debt. The provisions of the Prescription Ordinance shall not apply to any such debt.

[S 8(3) am by s 5(4) of Act 44 of 1981.]

9. Period for which abatement shall be made.

(1) Subject to the provisions of subsection (2), the abatement referred to in section 8(1) shall continue to be made from the salary of a Public Officer until such officer attains the age of sixty-five years, should he continue so long in the public service, at which date it shall cease; such abatement shall also cease after an officer has been subject to the abatement for thirty-five successive years.

(2) The abatement referred to in section 8(1) from the salary of a Public Officer—

(a) who on the relevant date is a contributor while in the public service; or

(b) who becomes a contributor on or after that date,

shall continue to be made so long as he is in the public service and shall cease on the date on which he leaves the public service.

[S 9 subs by s 6 of Act 44 of 1981.]

10. Officer retiring on pension not to be called upon to contribute more than four per centum from such pension.

A Public Officer who from any cause whatever ceases to belong to the public service and retires on a pension shall not be called upon to make any further contribution to the fund beyond a monthly abatement from his pension of four per centum on such pension, to commence from the date of his retirement until he attains sixty-five years of age or has been subject to abatement for thirty-five years, when such abatement shall cease.

11. Contributions may continue in full if income reduced.

(1) Whenever the salary of a Public Officer becomes reduced by abatement of the ordinary emoluments or by retirement on pension, such Public Officer may elect to continue to contribute upon the higher salary which he was receiving previous to such reduction, and subject to the same terms and conditions as if he had continued to draw the higher salary. Should such Public Officer not elect so to continue to contribute upon the higher salary, and contribute on the lower salary or pension, any pension to his widow or children shall be diminished in the same amount as it would have been increased had such Public Officer's salary been increased and not diminished.

[S 11 re-numbered as s 11(1) by s 2(a) of Act 1 of 1957.]

(2) Where a contributor to the fund is a pensioner, he shall, whenever his pension is revised, have the right to make an election under subsection (1), whether or not he has previously made an election under that subsection.

[S 11(2) ins by s 2(b) of Act 1 of 1957.]

12. Time within which election under section 11 should be made.

(1) A Public Officer who under section 11 of this Ordinance elects to contribute upon his higher salary shall make his election—

(a) if the election is in consequence of the reduction of his salary by abatement of the ordinary emoluments, within six months after the date of the notification to him of such reduction, or

(b) if the election is in consequence of his retirement on pension, within six months after the date of such retirement or the date of the notification to him of his pension, whichever date is later,

and such election shall be final.

[S 12 re- numbered as s 12(1) by s 3(1); am by s 3(2) of Act 1 of 1957.]

(2) An election by any person under subsection (2) of section 11 shall be made within six months after the date of the notification to him of his revised pension, and such election shall be final.

[S 12(2) ins by s 3(3) of Act 1 of 1957.]

12A. Computation of contributions in certain cases.

(1) Where a Public Officer whose salary is reduced by abatement of his ordinary emoluments—

(a) dies within the period for making an election under subsection (1) of section 11 without having made such election; or

(b) dies before the notification to him of such reduction;

1(bb) dies and his pension is revised after his death; or

[S 12A(1)(bb) ins by s 7 of Act 44 of 1981.]

the contributions payable by him under this Ordinance on and after the date of such reduction shall be computed upon his salary on the date immediately prior to the date of such reduction.

(2) Where a Public Officer who has retired on pension—

(a) dies before the notification to him of his pension; or

(b) dies within the period for making an election under subsection (1) of section 11 without having made such election; or

(c) dies after the revision of his pension and within the period for making an election under subsection (2) of section 11 without having made such election; or

(d) dies after the revision of his pension but before the notification to him of his revised pension,

the contributions payable by him under this Ordinance on and after the date of his retirement shall be computed upon his salary on the date immediately prior to the date of his retirement.

[S 12A ins by s 4 of Act 1 of 1957.]

13. An officer deprived of his office may continue to contribute.

(1) Where, on any date, a Public Officer who is not a bachelor retires from or otherwise leaves the public service without a pension, or a Public Officer, whether he is or is not a bachelor, is removed from the office in respect of which he was contributing to the fund and is appointed to a non-pensionable office on a monthly or yearly rate of salary or on a salary or wage calculated at a daily rate, such Public Officer may, within six months after such date or within any further time which the Director may in special circumstances grant, elect to contribute monthly the same amount as he last contributed before such date, and, if he so elects, he shall continue so to contribute subject to the same terms and conditions as applied to him at such date. In the event of his ceasing to contribute, or in the event of any contributions due from him not having been paid for six months, his widow or his widow and orphans, as the case may be, shall be entitled upon the death of such Public Officer only to a pension computed on the basis of the interest acquired by such contributor in the fund at such date or at the date of his ceasing to contribute, in accordance with the tables hereinafter referred to.

[S 13 re-numbered as s 13(1) by s 8(1) of Act 44 of 1981.]

(2) Nothing in subsection (1) shall apply to any person who on or after the relevant date becomes a contributor under this Ordinance:

Provided however any person who became a contributor under this Ordinance on or after the relevant date and who has completed ten years of service prior to the retirement or removal or otherwise leaves the public service without a pension in the manner referred to in subsection (1), shall be eligible to the benefits under subsection (1).

[S 13(2) ins by s 8(2) of Act 44 of 1981; am by s 3 of Act 8 of 2010.]

14. Director to appoint suitable person to exercise right of election on behalf of insane officer.

Where a person who is eligible to exercise a right of election under section 11 or section 13 is unable so to do within the period specified in the Ordinance for the exercise of such right by reason of such person being of unsound mind, the Director may appoint a person, who in their opinion is a fit and proper person, to exercise such right on his behalf within such period or within such further time as may be given in that behalf by the Director.

15. Provision for case of officers transferred to other employment under the Sovereign of the United Kingdom.

(1) A Public Officer other than a bachelor who has been transferred prior to the passing of this Ordinance, or who may be hereafter transferred from the service of this Government to any other office under the Sovereign of the United Kingdom, may continue to contribute to the fund from the date of his ceasing to hold office in the service of this Government on the salary which he was receiving at the date of such transfer, at the same rate and subject to the same terms as if he had continued in the service of this Government and continued to receive the salary which he was receiving at the date of such transfer. In the event of his ceasing to contribute, or in the event of any contribution due from him not having been paid for six months, his widow or his widow and orphans, as the case may be, shall be entitled after the death of such Public Officer only to a pension computed on the basis of the interest acquired by such contributor to the fund at the date of his being transferred or of his ceasing to contribute, in accordance with the tables hereinafter referred to:

Provided, however, that where such officer is so transferred on or after the appointed date, he shall not be entitled to continue to contribute to the fund in accordance with the preceding provisions of this section, unless, within six months after the date on which he is so transferred or within any further time which the Director may in special circumstances grant, he elects so to continue to contribute.

[S 15 re-numbered as s 15(1) by s 9(1) of Act 44 of 1981.]

(2) Nothing in subsection (1) shall apply to any person who on or after the relevant date becomes a contributor under this Ordinance.

[S 15(2) ins by s 9(2) of Act 44 of 1981.]

16. Payment of contributions under section 13 or section 15.

Every contribution under section 13 or section 15 shall be paid before the fifteenth day of the month next succeeding the month in respect of which such contribution is due. Where such contribution is not paid before that day, it shall be deemed to be in arrears. All arrears of such contributions shall be paid or recovered together with compound interest at six per centum, or, after the appointed date, at four per centum per annum.

17. Resumption of payments by defaulting contributors.

(1) When the contribution of any person who has continued to contribute to the fund under section 13 or 15 of this Ordinance after ceasing to hold office in the public service of Sri Lanka is not paid for six months it shall be lawful for the Director, with the sanction of the Secretary to the Ministry charged with the subject of Public Administration, to allow such person to resume his contributions to the fund at the same rate and subject to the same terms and conditions as if he had not made default in paying his contribution as aforesaid, subject nevertheless to the following conditions, namely—

(a) the Director shall not extend the benefit of this section to any person unless he satisfies the Director that his default in paying his contribution was due to inadvertence or accident, and unless he has applied to be allowed to resume his contributions within such time as the Director, having regard to the circumstances of the case, shall consider reasonable;

(b) no person shall be allowed to resume his contributions to the fund unless he has first paid all arrears of contribution up to date with compound interest at six per centum, or, after the appointed date, at four per centum per annum;

(c) the Director may, before allowing any person to resume his contributions to the fund, require him to pay to the credit of the fund, by way of penalty, such sum not exceeding fifty rupees as the Director may think proper.

(2) The provisions of this section shall extend to cases where the default in paying the contribution due to the fund has been made before, as well as to cases where such default shall be made after, the 14th day of March, 1906.

18. Application of this Ordinance to a Public Officer having more than one wife.

The application of this Ordinance to a Public Officer having two or more wives shall be subject to the following provisions—

(1) Only the first in time of the existing marriages of such officer shall be deemed to be a valid marriage for the purposes of this Ordinance:

Provided, however, that a marriage, which has become the first in time of the existing marriages of such officer by reason only of the dissolution of an earlier marriage by a divorce, shall not be deemed to be so valid unless the divorce can itself be deemed to be valid under paragraph (2) of this section.

(2) A divorce dissolving any marriage of such officer shall be deemed to be a valid divorce for the purposes of this Ordinance if, but only if, that divorce has not at any time been preceded by a divorce dissolving any other marriage of such officer.

(3) Where any marriage of such officer becomes a valid marriage for the purposes of this Ordinance by reason of the dissolution of any other marriage of such officer, the date next following the date of such dissolution shall be deemed to be the date of the first-mentioned marriage for the purposes of the computation of any pension payable under this Ordinance to the wife of that marriage when she becomes a widow, or to any child born of that marriage when that child becomes an orphan.

(4) No pension under this Ordinance shall be awarded—

(a) to any wife of such officer whose marriage to him could not at any time during his lifetime have been deemed to be a valid marriage within the meaning of paragraph (1) of this section; or

(b) to any child of such officer born of any marriage which could not at the time of the birth of the child have been deemed to be a valid marriage as aforesaid.

19. Application of sections 21 to 25 in the case of a Public Officer having more than one wife.

The provisions of sections 21, 22, 23, 24 and 25 (1), relating to declarations and notifications to be transmitted to the Director, shall, in the case of a Public Officer having two or more wives, apply in all respects to each marriage of that Public Officer and to the wife and to each child of that marriage, whether that marriage is or is not a valid marriage for the purposes of this Ordinance.

20. Effect of a divorce.

Where the marriage of a contributor, other than a contributor having two or more wives, is dissolved by a divorce, he shall, for the purposes of this Ordinance, be deemed to have become a widower.

21. Officer to furnish particulars within three months of his appointment.

Every Public Officer shall, within three months of the date of his becoming liable to contribute to the fund, forward to the Director a declaration setting forth the date of his becoming so liable, his own name in full and the date of his birth, and if he be married the date of his marriage and the maiden name in full and the date of birth of his wife, and if he have any child or children their names in full and the date of each of their births.

22. Officer to notify marriage.

Every Public Officer who shall marry after the passing of this Ordinance shall, within three months of his marriage, forward to the Director a declaration setting forth the date of such marriage and the maiden name of his wife and the date of her birth, and if there be any children by him born to his wife prior to his marriage he shall make a declaration setting forth the names and date of birth of each of such children.

23. Officer to notify birth or adoption of child.

Every Public Officer shall notify to the Director the date of birth of each child born to him or legally adopted by him after the passing of this Ordinance within three months of such birth or adoption, as the case may be.

[S 23 subs by s 10 of Act 44 of 1981.]

24. Death or divorce of wife, death of child and marriage of female child to be notified.

Every Public Officer whose wife shall die or be divorced from him, or whose child, die, or whose female child shall be married, and the guardian of every child who shall , die or of every female child who shall be married, shall, within three months thereof, notify to the Director the date of such death, divorce or marriage.

25. Public Officers to furnish supplementary declarations or notifications and proof of statements made therein.

(1) If the Director discover that any information specified in a declaration transmitted under section 21 or section 22 or in a notification transmitted under section 23 or section 24 is incorrect or incomplete, the Director may, by written notice, require the Public Officer or guardian furnishing the information to transmit another declaration or notification giving the correct information or supplying the omission within the time specified in the notice.

It shall be the duty of any Public Officer or guardian, if required so to do, to transmit such other declaration or notification within the aforesaid time.

(2) Every Public Officer who transmits to the Director a declaration under section 21 or section 22 or subsection (1) of this section or a notification under section 23 or section 24 or subsection (1) of this section, and every guardian who transmits to the Director a notification under section 24 or subsection (1) of this section, shall furnish to the Director such proof of the statements made in the declaration or notification as may be required by them.

26. Penalty for non-compliance with provisions of this Ordinance.

Every Public Officer who shall in the judgment of the Director have failed, omitted, or refused to perform any duty cast upon him, or to do any act required of him by this Ordinance or by the rules and regulations made as herein provided, or who shall in the judgment of the Director have furnished any false information or made any false declaration, may be adjudged by the Director to pay for each such omission, default, refusal, false information, or declaration a penalty not exceeding fifty rupees. The Deputy Secretary to the Treasury shall, upon the Judgment of the Director being notified to him, deduct such penalty from the first moneys payable to the Public Officer as salary or otherwise, and shall pay such amount to the credit of the fund.

27. Who shall be entitled to pension.

The widows and orphans entitled to pensions from the fund are the widows and orphans of Public Officers who have contributed to the fund in accordance with the provisions of this Ordinance or Ordinances Nos. 20 of 1885 and 21 of 1896, save as hereinafter excepted. No pension shall become due, and no pension shall be paid to any widow or orphan of any Public Officer, until every debt due to the fund by such Public Officer shall have been fully discharged:

Provided, however, that where the Director are satisfied that the discharge of any debt due to the fund by any Public Officer cannot be proved on account of the loss of any record of that officer's contributions to the fund, they may authorise the award and payment of such pension to the widow or any orphan of that officer as would have become due and payable to that widow or orphan had every debt due to the fund by that officer been fully discharged.

[S 27 am by s 5 of Act 1 of 1957.]

27A. Payment of pension to Public Officers who die due to acts which constitute an offence under the emergency regulations4.

(1) Where any Public Officer who is a contributor to the Fund dies before reaching his age of retirement due to an act which constitutes an offence under any Emergency Regulation for the time being in force, or due to any natural disaster, the widow and the children of such officer shall notwithstanding any other provisions of this Ordinance be entitled—

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

(b) from and after the date on which he would have reached his age of retirement, to receive a pension calculated in accordance with the provisions of this Ordinance based on the revised salary with all the increments to which, had he lived, he would have been entitled to receive till he reached his age of retirement.

5(2) In calculating the pension for the purpose of subsection (1), the age of retirement shall be determined by the Director-General of Pensions, taking into consideration the circumstances of the death of the officer concerned, his period of service and any other material particulars applicable to each individual case.

6(3) Where any person who is a male and who holds a temporary or casual post in the public service dies while in service, due to an act which constitutes an offence under the Emergency Regulations or due to any natural disaster, before being made permanent in his post, such person shall, notwithstanding any other provisions of this Ordinance be deemed to be an officer to whom the provision of section 27 of this Ordinance applies from the date of his death and, the widow and, children of such person shall, notwithstanding any other provisions of this Ordinance be entitled—

(a) from the date of such death, to receive a pension calculated in accordance with the provisions of this Ordinance, based on the salary such person was drawing at the time of his death, till the date on which had he lived, he would reach fifty-five years of age;

(b) from and after the date on which he would have reached fifty-five years of age, to receive a pension with all the increments, to which had he lived he would have been entitled to receive till he reached fifty-five years of age.

(4) Any person to whom the provision of subsection (3) applies shall be deemed to be a contributor under the Ordinance as from the date he joined the public service.

(5) Notwithstanding any other provisions of this Ordinance for the purpose of granting pension under this section, the officers referred to in subsection (1) and the persons referred to in subsection (3), of this section shall be deemed to have paid the contributions due to the Fund in full as at the date of their death.

(6) For the purpose of this section—

"Emergency regulations” means any regulation made by the Minister under section 5 of the Public Security Ordinance (Ch;

"Natural disaster” shall have the same meaning as in the Sri Lanka Disaster Management Act, No. 13 of 2005.

[S 27A ins by s 4 of Act 8 of 2010.]

27B. Payment of pension to widow of officer specified in Schedule GQ of Minutes on Pensions.

Notwithstanding the provisions of section 27, a widow of any officer—

(a) who is specified in the Schedule GQ of the Minutes on Pensions; and

(b) who is entitled to a pension on the completion of five years of service,

shall be entitled, on the demise of such officer, to receive a pension computed on the salary drawn by such officer on retirement in accordance with the provisions of this Ordinance. The amount of the contributions shall be computed on the basis of the salary drawn by such officer on his retirement and shall be made to the Fund with interest, for the total period of five-years and unless and until such contributions are paid with interest accrued on such contributions, the payment of pension under this section shall not commence.

[S 27B ins by s 4 of Act 8 of 2010.]

28. Exemptions from benefit of fund.

No widow of a Public Officer who dies within one year from the date of his marriage shall be entitled to a pension under this Ordinance unless a lawful child is born of such marriage. The child of any Public Officer born out of wedlock who has become legitimate by the subsequent marriage of such Public Officer with the mother of such child while such Public Officer is contributing to the fund, shall be entitled to a pension or allowance from the fund, unless his father shall have died within twelve months of such marriage, in which case such child shall lose all interest in the fund:

Provided that it shall be lawful for the Director, with the consent of the Secretary to the Ministry charged with the subject of Public Administration, to award a pension to such widow or child if it shall appear to them just and reasonable.

29. When pension to orphans shall cease.

The allowance or pension to orphans shall cease in the case of males at the age of eighteen years, and in the case of females on marriage or at the age of twenty-one years:

Provided further that a male orphan or a female orphan, who is twenty one years or more of age shall, so long as he or she is unemployed be entitled to the allowance or pension until he or she attains the age of twenty-six years.

[S 29 proviso ins by s 2 of Act 64 of 1998; am by s 5 of Act 8 of 2010.]

29A. Life time pensions to orphans permanently incapacitated.

Where a Medical Board comprising three medical officers appointed by the Director of Health Services determines that an orphan suffers from such physical or mental disability as renders him incapable of earning his livelihood, such orphan shall, irrespective of age, be entitled to a pension under this Ordinance during his life time.

[S 29A ins by s 11 of Act 44 of 1981.]

30. Pension how computed.

Subject to the provisions of section 57A, the pension or allowance to which a widow or a child of a deceased Public Officer is entitled shall be computed according to tables to be approved by the Minister. Such tables shall be adjusted and revised by an actuary or actuaries who shall be from time to time appointed by the Minister. All pensions payable under this section to widows or children, whether in possession or in expectation and revision, shall be subject to readjustment, and shall be computed upon the tables so adjusted and revised, and diminished or increased accordingly.

[S 30 subs by 12 of Act 44 of 1981.]

31. Periodical valuation of fund.

The actuarial valuations of the fund contemplated in section 30 of this Ordinance shall be made triennially up to and including the 31st day of December, 1933, and thereafter at such times as the Minister may determine.

32. Application of surplus at periodical actuarial valuations of assets and liabilities of the fund.

Such percentages as the Minister may, on the recommendation of the Director, from time to time appoint of such surpluses as may be disclosed by the periodical actuarial valuations provided for by section 31 of this Ordinance, of the assets and liabilities of the fund, including the valuation of such assets and liabilities as on the 31st day of March, 1909, shall be applied in increasing the prospective pensions of the widows and orphans of the contributors to the fund at the date of each such valuation, and of former contributors who had ceased to contribute on attaining the age of sixty-five years or on leaving the service, and of all those who may be pensioners at the date of each such valuation, in such shares and proportions and in such manner as the Minister with the concurrence of the Minister in charge of the subject of Finance may direct.

[S 32 subs by s 13 of Act 44 of 1981.]

33. Pension to children and adopted children.

(1) When a Public Officer being a widower and unmarried shall die or have died leaving a child or children entitled to pensions, or when a widow of a Public Officer shall die or have died and there be a child or children of such Public Officer surviving entitled to pension, the pensions of such child or children, shall be the amount which the widow would have received or had been receiving, equally divided among the children.

[S 33 re-numbered as s 33(1) by s 14(a) of
Act 44 of 1981.]

(2) A child adopted under the provisions of the Adoption of Children Ordinance or any other law relating to the adoption of children by a married Public Officer while he is a contributor shall, subject to the provisions of subsection (3) and subsection (4), be treated as a child of the adopter and accordingly such child shall be entitled to a pension under this Ordinance in like manner and to the like amount as a child of such Public Officer.

[S 33(2) ins by s 14(b) of Act 44 of 1981.]

(3) A child adopted under the provisions of the Adoption of Children Ordinance or any other law relating to the adoption of children by a married Public Officer while he is a contributor shall be entitled to a pension under this Ordinance unless the Director has reason to believe that there was no genuine desire to adopt the child and that the adoption was merely one of convenience:

Provided, however, that the Director may authorise the award of a pension to such child if such child does not have an independent source of livelihood and if the Director considers such award just and equitable in all the circumstances of the case.

[S 33(3) ins by s 14(b) of Act 44 of 1981.]

34. Provisions in case of widow re-marrying.

(1) The widow of a contributor shall on her re-marriage, receive as pension after the date of such subsequent marriage—

(a) half the amount of the pension which she was receiving at the time of such subsequent marriage; or

(b) where she was entitled to receive a pension but was not in actual receipt of the same, half the amounts she was to receive in her capacity as a widow prior to such subsequent marriage.

(2) The children of the first marriage of the widow shall receive the remaining portion of the pension received by the widow after the payment to the widow is made in terms of paragraphs (a) or (b) above.

(3) Where the spouse of such subsequent marriage is also a contributor to the Fund and where such widow becomes entitled to receive a pension upon the death of such spouse in respect of the contributions made to the Fund by such spouse, the payment of such amount as she was receiving as pension in terms of paragraphs (a) and (b) of subsection (1) shall be terminated with effect from the date of death of such spouse of such subsequent marriage:

Provided that, where the payment of the pension is terminated as provided above, the children of the first marriage of the widow shall, as from the date of death of the spouse of their mother's subsequent marriage, be entitled to receive the shares they were receiving in terms of subsection (2) and the amount which their mother was receiving in terms of subsection (1), prior to such termination:

Provided further that in the event of the dissolution of such subsequent marriage, the widow shall be entitled to receive as pension the half share she received in terms of subsection (1) and the entitlement of the children under subsection (2) remain sun changed.

[S 34 subs by s 6 of Act 8 of 2010.]

35. Provision in case of a widow and children of a previous marriage.

When a Public Officer dies leaving a widow and children the issue of a previous marriage existing when he became a contributor to the fund, or contracted after he became such contributor, and such children are of ages which entitled them to pensions from the fund, such children shall be entitled each of them to an equal share or portion of the half of the pension to which their mother, if she had survived their father, would have been entitled. The widow of such Public Officer shall be entitled to one-half of the pension to which she would have been entitled had there been no such children; and if the Public Officer dies leaving no such children, or when they cease to be entitled to pension, then she shall be entitled to the whole of such pension as she would have received had there been no such children. Should the widow die leaving no issue of her marriage with the Public Officer, the children of the first marriage shall be entitled to such pensions as if the Public Officer had not contracted such subsequent marriage. Should the widow die leaving children the issue of her marriage with the Public Officer, such children shall be entitled each to an equal share or portion of the pension to which their mother was entitled.

36. Pension to children of a widower.

The children of a widower who shall become or has become a contributor to the fund shall be entitled on his death, and the children of a widower who has contributed to the fund and has died prior to the coming into operation of this Ordinance shall be entitled from and after the coming into operation of this Ordinance, to the pension to which they would have been entitled if their mother had been living at the time of his becoming liable to contribute thereto.

37. Pension to be paid monthly.

(1) The pension payable to any person entitled thereto under this Ordinance shall begin upon the death of the Public Officer or of his widow, as the case may be, and shall accrue daily and shall be paid monthly. But before any such payment it shall be lawful for the Director to require proof that any widow or child is alive and entitled to the pension claimed by such widow or child.

[S 37 re-numbered as s 37(1) by s 15(1) of Act 44 of 1981.]

(2) Notwithstanding the provisions of subsection (1), from and after August 1, 1976, a pension payable under this Ordinance shall be payable to the widow up to the end of the month in which such widow dies.

[S 37(2) ins by s 15(2) of Act 44 of 1981.]

38. Payment of pension due to a widow.

A pension payable under this Ordinance to a widow, may be paid by the Director to a fit and proper person on behalf of the widow. Where the pension is so paid, the person receiving the pension shall apply it, in accordance with such terms and conditions as may be determined by the Director, for the maintenance, support or benefit of the widow and her child or children, if any, who would be entitled on her death to receive a pension under this Ordinance.

39. Failure to maintain child.

Where the Director are satisfied that a widow who is in receipt of a pension under this Ordinance has deserted or abandoned, or is failing to maintain or assist, so far as her means allow, a child who would be entitled on her death to receive a pension under this Ordinance, the Director may, in their absolute discretion, pay to such child, or to a fit and proper person on behalf of such child, such portion of the widow's pension as they may think fit, and the widow shall have no further claim in respect of any portion of her pension so paid. Any portion of a widow's pension paid under this section to any person on behalf of a child of the widow shall be applied by that person, in accordance with such terms and conditions as may be determined by the Director, for the maintenance, support, or benefit of such child.

40. Payment of pension due to a minor.

A pension payable under this Ordinance to a minor may be paid by the Director either directly to the minor or to such holder of a designated office or such other person as may be appointed, in writing signed by not less than three of the Director, to receive the pension on behalf of the minor. Where the pension is paid to any person so appointed, he shall apply the pension for the maintenance, support, or benefit of the minor in accordance with such terms and conditions as may be determined by the Director.

41. Pensions not to be assigned or levied upon.

No pension payable from the fund shall be assigned or transferred, and every assignment or transfer shall be absolutely null and void and of no effect. No such pension shall be attached or levied upon or arrested or taken in execution on account of any debt or payment due by the person to whom such pension is payable.

42. Questions and disputes to be decided by Secretary to the Treasury.

Should any question arise as to whether any person is a Public Officer within the meaning of this Ordinance, or as to whether any person is entitled to any pension as the widow or child of a Public Officer, or as to the amount of pension to which any widow or child shall be entitled, or as to the meaning or construction to be assigned to any section of this Ordinance, or to any rule or regulation made under the provisions thereof, the Director may on their own initiative, and shall at the written request of such officer, widow, or child, submit such question for decision to the Secretary to the Ministry charged with the subject of Public Administration; and the decision of the Secretary to the Ministry charged with the subject of Public Administration thereon shall be final.

43. Widow not entitled to pension if marriage contracted after officer had ceased to contribute.

(1) No widow of a Public Officer whose marriage was contracted after he had ceased to contribute, and no child of such marriage, shall be entitled to any pension.

[S 43 re-numbered as s 43(1) by s 7(1) of Act 8 of 2010.]

(2) Notwithstanding the provisions of subsection (1), a Public Officer who has retired from public service before the date of his optional or compulsory retirement on abolition of posts and who has ceased to make contributions to the Fund may continue to make contributions to the Fund commencing from the date on which he retired until he reaches fifty-five years of age in respect of a marriage contracted by such officer after the date of such retirement.

[S 43(2) ins by s 7(2) of Act 8 of 2010.]

44. Exemption of pensions from estate duty.

No pension to which a widow or child of a deceased Public Officer dying after the commencement of this Ordinance becomes entitled under this Ordinance or any other enactment relating to the pensions of the widows or children of deceased Public Officers shall be liable to the payment of estate duty under the Estate Duty Ordinance or the Estate Duty Act.

45. No increase or decrease of pension if residing in climate less or more healthy than Sri Lanka.

No pension, whether payable to a widow or to a child or children, shall be increased or decreased by reason of the residence of the person entitled to such pension being less or more healthy as to climate than Sri Lanka.

46. Refund of contributions to bachelors.

(1) In the event of a bachelor retiring from, or otherwise quitting, the public service unmarried, a moiety of the contributions made by such bachelor, but without any interest, shall be refunded to him. And such bachelor and all persons claiming by, through or under him shall cease to have any interest in the fund and shall have no claim thereon.

(2) In the event of a bachelor dying while in the public service, a moiety of the contributions made by him shall be paid, but without interest, to his legal representative.

47. Application of section 46.

The provisions of section 46 shall not apply in any case where, on or after the appointed date, a bachelor retires from, otherwise leaves the public service, or dies while in such service.

48. Special provisions relating to refunds in the case of bachelors.

(1) Where, on or after the appointed date, a bachelor retires from or otherwise leaves the public service while making contributions under this Ordinance, he shall cease to make such contributions and shall be granted a refund of the entirety of his contributions under this Ordinance with compound interest thereon at 2 1/2 per centum per annum.

(2) Where, before the appointed date, a bachelor ceases to make contributions under this Ordinance while in the public service owing to the expiry of his maximum period of contribution, he shall be granted a refund of one-half of his contributions under this Ordinance without interest.

(3) Where, on or after the appointed date but before the relevant date, a bachelor ceases to make contributions under this Ordinance while in the public service owing to the expiry of his maximum period of contribution, he shall be granted the refund of the entirety of his contributions under this Ordinance with compound interest thereon at two and a half per centum per annum.

[S 48(3) subs by s 16 of Act 44 of 1981.]

(4) Where, on or after the appointed date, a bachelor who is eligible to elect under section 13 of this Ordinance to contribute, fails so to elect and, accordingly, ceases to contribute, he shall, on written refund of the entirety of his contributions under this Ordinance with compound interest at 21/2 per centum per annum.

(5) Where a bachelor dies before receiving any refund to which he has become entitled under any of the preceding subsections of this section the amount of that refund shall be paid to his legal representative, or heir, or heirs.

(6) Where, on or after the appointed date, a bachelor dies while in the public service and while making contributions under this Ordinance, the entirety of his contributions under this Ordinance shall be paid to his legal representative, or heir, or heirs, with compound interest thereon at 27 per centum per annum.

49. Concessions to widowers without pensionable children.

(1) In the following cases, that is to say—

(a) where a contributor, who is a children widower without pensionable children, retires from the public service on pension;

(b) where a contributor, who is a widower without pensionable children, leaves the public service by resignation, transfer, or otherwise;

(c) where a contributor, who is a widower without pensionable children, dies whilst in the public service, such contributor, or the legal personal representative of such contributor, as the case may be, shall be entitled to a refund without interest of fifty per centum of the repayable contributions of such contributor: Provided that any contributor who elects to exercise his right under this subsection shall cease to contribute to the fund, and shall have no further claim upon it.

(2) Where a contributor who has retired on pension subsequently becomes a widower without pensionable children, he may elect to cease from contributing to the fund, and shall thereupon have no further claim upon.

(3) A contributor who elects to exercise his right under this section must do so within six months of the date on which such right matured, and any such election shall be final.

49A. Refund of all contribution in certain cases.

(1) Notwithstanding anything to the contrary in this Ordinance, where on or after the date on which this section comes into operation, a contributor who is a widower without children—

(a) retires from the public service on pension;

(b) leaves the public service by resignation, transfer or otherwise; or

(c) dies whilst in the public service,

such contributor or the legal personal representative of such contributor as the case may be, shall be entitled to a refund of all the contributions of such contributor together with compound interest thereon at, two and a half per centum per annum:

Provided that a contributor who has retired from, or left, the public service before reaching the age of fifty-five years, shall not be entitled to such refund until he attains such age.

(2) Any contributor who receives a refund under this section shall have no further claim upon the fund.

(3) Notwithstanding anything to the contrary in this Act any contributor referred to in subsection (1) who has prior to the date on which this section comes into operation received a refund of any contribution may claim the benefit of this section only if she pays back the amount of such refund within one year from the said date together with compound interest thereon at two and a half per centum per annum.

[S 49A ins by s 2 of Act 57 of 1998.]

50. Application of section 49.

The provisions of section 49 shall not apply in any case where, on or after the appointed date, a contributor—

(a) being a widower without pensionable children, retires from or otherwise leaves the public service or dies while in such service; or

(b) becomes such a widower after retiring from such service on pension.

51. Special provisions relating to refunds in case of widowers without pensionable children.

(1) Where a widower without pensionable children, by reason of his failure to exercise his right under section 49, does not cease to make contributions under this Ordinance, then—

(a) if he at any time after the appointed date but before the relevant date dies or elects to cease to make such contributions; or

(b) if he continues to make such contributions and ceases so to do by reason of the expiration of his maximum period of contribution, or by reason of his death,

a refund shall, on the date of such election, expiration or death, as the case may be, be due of the entirety of the repayable contributions made by him under this Ordinance on or after the appointed date with compound interest thereon at two and a half per centum per annum; and the refund so due shall be paid upon written application made for such purpose, to such widower if he is alive, or if he is dead to his legal representative or heir of heirs.

[S 51(1) subs by s 17(1) of Act 44 of 1981.]

(2) Where, on or after the appointed date, a person who is making contributions under this Ordinance—

(a) retires from or otherwise leaves the public service while a widower without pensionable children; or

(b) becomes such a widower after retiring from or otherwise leaving such service, then—

(i) if he at any time after the appointed date but before the relevant date dies or elects to cease to make such contributions; or

(ii) if he continues to make such contributions and ceases so to do on or before the relevant date by reason of the expiration of his maximum period of contribution, or by reason of his death,

a refund shall, on the date of such election, expiration or death, as the case may be, be due of the entirety of his repayable contributions with compound interest thereon at two and a half per centum per annum; and the refund so due shall be paid upon written application made for the purpose, to such widower if he is alive, or if he is dead to his legal representative or heir or heirs.

[S 51(2) subs by s 17(1) of Act 44 of 1981.]

(2A) Where, on or after the relevant date, a Public Officer who has been a contributor prior to that date—

(a) retires from or otherwise leaves the public service while a widower, without pensionable children; or

(b) becomes such a widower after retiring from or otherwise leaving such service; or

(c) dies while in the public service and while a widower without pensionable children,

he or his legal representative or heir or heirs, as the case may be, shall be entitled to a refund of the entirety of his repayable contributions with compound interest thereon at two and half per centum.

[S 51(2A) ins by s 17(2) of Act 44 of 1981.]

(2B) Where a Public Officer becomes a contributor on or after the relevant date; and—

(a) retires from or otherwise leaves the public service while a widower without pensionable children; or

(b) dies while in the public service and while a widower without pensionable children, he or his legal representative, or heir or heirs shall be entitled to a refund of the entirety of his repayable contributions under this Ordinance without interest.

[S 51(2B) ins by s 17(2) of Act 44 of 1981.]

(3) Where, before the appointed date, a widower without pensionable children ceases to make contributions under this Ordinance while in the public service owing to the expiry of his maximum period of contribution, he shall be granted a refund of one-half of his repayable contributions without interest.

(4) Where, on or after the appointed date but before the relevant date, a widower without pensionable children ceases to make contributions under this Ordinance while in the public service owing to the expiry of his maximum period of contribution, he shall be granted a refund of the entirety of his repayable contributions with compound interest thereon at two and a half per centum
per annum.

[S 51(4) subs by s 17(3) of Act 44 of 1981.]

(5) Where, on or after the appointed date, a widower without pensionable children who is eligible to elect under section 13 or under the proviso to section 15 of this Ordinance to contribute fails so to elect and accordingly, ceases to contribute, he shall, on a written application made in that behalf, be paid a refund of the entirety of his repayable contributions with compound interest thereon at 21/2 per centum per annum.

(6) Where a widower without pensionable children dies before receiving any refund to which he has become entitled under any of the preceding subsections of this section, the amount of that refund shall be paid to his legal representative, or heir, or heirs.

(7) Where, on or after the appointed date but before the relevant date a widower without pensionable children dies while in the public service and while making contributions under this Ordinance, the entirety of his repayable contributions shall be paid to his legal representative or heir, or heirs with compound interest thereon at two and a half per centum per annum.

[S 51(7) subs by s 17(4) of Act 44 of 1981.]

(8) Where a widower without pensionable children elects under subsection (1) or subsection (2) of this section to cease to make contributions under this Ordinance, the election shall be final.

51A. Special provisions applicable to married Public Officers who become contributors on or after the relevant date and leave the public service without pension.5

Where a Public Officer—

(a) who becomes contributor on or after the relevant date; and

(b) who is not a bachelor,

leaves the public service, he shall not be granted a refund of the entirety or part of his contributions if he is not eligible for a pension under the Minutes on Pensions. However if he had completed ten or more years of such service before leaving the service, his widow or orphans shall upon his death be entitled to a pension on the basis of the contributions made by him calculated in accordance with the provisions of this Ordinance.

[S 51A ins by s 18 of Act 44 of 1981; subs by s 8 of Act 8 of 2010.]

52. Calculation of compound interest for the purposes of sections 48 and 51.

Compound interest on such contributions under this Ordinance as are to be refunded under section 48 or section 51 shall be payable up to the date on which the refund becomes due and not up to the date on which the amount of the refund is paid, and shall be calculated in the same manner as compound interest on the contributions made under this Ordinance by a contributor during his bachelorhood is calculated for the purposes of the computation of the pension in consideration of the contributions so made.

53. Provisions with regard to officers appointed after 14th March 1906.

Public Officers appointed after the 14th day March, 1906, shall not be allowed to become contributors to the fund, anything in this Ordinance to the contrary notwithstanding; but abatements shall be made from the salaries or pensions of such Public Officers equivalent to the contributions and other payments which would have been levied from them under the provisions of this Ordinance, and shall be carried to the credit of the general revenue accounts of Sri Lanka:

Provided that the sum so received shall not be assessable for military contribution under the Defence Contribution Ordinance, 1898.7

54. Application of this ordinance to such officers.

The provisions of this Ordinance, so far as the same are not modified by the provisions of section 53, shall apply to all Public Officers appointed after the 14th day of March, 1906.

55. Calculation of pensions in respect of increments of salary of existing Public Officers.

All pensions accruing after the 14th day of March, 1906, in respect of increments of salary of existing Public Officers shall be calculated according to the tables in Schedule II.

56. Observance of rules in calculating pensions.

The rules contained in Schedule I shall be observed in calculating the pensions payable to the widows and orphans of Public Officers on the basis of the tables in Schedule II.

57. Computation of pensions of widows or orphans of officers appointed after 14th March, 1906.

(1) Subject to the provisions of section 57A, the pensions to which widows or orphans of deceased Public Officers appointed after the 14th day of March, 1906, are entitled, shall be deemed to have been computable and payable—

(a) for the period ending on the 31st day of December, 1919, according to the tables in Schedule II;

(b) for the period commencing on the 1st day of January, 1920, and terminating on the day before the appointed date, according to the tables sanctioned by the Governor on the 27th day of February, 1922; and

(c) for the period commencing on the appointed date, according to the tables sanctioned by the Governor on the 3rd day of August, 1945:

[S 57(1) am by s 19(1) of Act 44 of 1981.]

Provided, however, that the computation of the variation to be effected, as a result of any variation of the contribution on or after the appointed date, in the pension payable under this Ordinance in respect of any contributor appointed to be a Public Officer after the 14th day of March, 1906, but before the appointed date, and the computation of the pension payable under this Ordinance in respect of any such contributor who for the first time marries on or after the appointed date, shall be in accordance with the tables sanctioned by the Governor on the 3rd day of August, 1945, or the tables so sanctioned on the 27th day of February, 1922, whichever may produce the larger ultimate pension;

Provided further that, notwithstanding the provisions of rule 1(a) set out in Schedule I, in the case of a Public Officer who has been appointed after the 14th day of March, 1906, and who has commenced to be a contributor while a bachelor, compound interest on the contributions made by him during his bachelorhood shall, for the purposes of the computation of the pension in consideration of those contributions, be calculated—

(a) in respect of any period terminating on or before the 31st day of December, 1919, at six per centum per annum;

(b) in respect of any period commencing on or after the 1st day of January, 1920, and terminating before the appointed date, at eight per centum per annum; and

(c) in respect of any period commencing on or after the appointed date, at six per centum per annum.

(2) Such tables may, with the approval of the Minister be adjusted and revised, from time to time, by an actuary or actuaries appointed by the Minister, and the tables so adjusted and revised shall be substituted for the tables previously in force and shall come into force on a date which shall be fixed by the Minister and shall apply to any pension payable in respect of a contributor dying on or after that date, but not to any pension payable to a contributor dying before that date.

(3) .

[S 57(3) rep by s 19(2) of Act 44 of 1981.]

57A. Special provisions applicable to pensions payable in respect of certain Public Officers who die on or after the relevant date.

(1) The succeeding provisions of this section shall not apply to the pension payable in respect of any person who, after leaving the public service, has continued to contribute under section 13 or section 15 of this Ordinance.

(2) Where a person who is or was a contributor dies on or after the relevant date, the pension payable under this Ordinance in respect of such person shall, anything in this Ordinance to the contrary notwithstanding, be determined in accordance with the following provisions—

(a) Where such person dies while in the public service or having retired from the public service before reaching the age of compulsory retirement or after having been retired from the public service on any ground other than on the grounds set out in the Establishments Code, then, subject to the provisions of paragraph (c), the amount of such pension shall—

(i) if the period of his pensionable service at the time of his death or retirement, as the case may be is less than twenty-five years, be an amount equal to the pension payable under the Minutes on Pensions either for a period of twenty-five years' pensionable service or for a period of pensionable service which he, if he had not died or retired, would have completed upon reaching the age of compulsory retirement, whichever is the shorter;

(ii) if the period of his pensionable service at the time of his death or retirement, as the case may be, is not less than twenty- five years, be an amount equal to the pension payable under the Minutes on Pensions for that period of pensionable service:

Provided that where such person at the time of his death or retirement was the holder of a special post or office the amount of such pension shall be not less than fifty per centum of his last salary.

(b) Where such person dies after having retired or having been retired from the public service on the ground of having reached the age of compulsory retirement or on any ground set out in the Establishments Code, then subject to the provisions of paragraph (c), such pension shall be an amount equal to the pension payable under the Minutes on Pensions for his period of pensionable service.

(c) Where such person had retired or had been retired from the public service prior to the relevant date, such pension shall be either the amount payable under the preceding provisions of this section or the amount which but for those provisions would have been payable under this Ordinance, whichever is the greater.

(d) Where such person after having been appointed permanently to a statutory body with the approval of the Government dies while in the service of such statutory body or in any other statutory body to which he had been subsequently transferred or dies after having retired or having been retired in pensionable circumstances from the statutory body to which he had been appointed from Government service or from any other statutory body to which he had been subsequently transferred, subject to the provisions of paragraph (c), the amount of such pension shall—

(i) if he had left the public service prior to the relevant date, be either an amount equal to the pension payable under the Minutes on Pensions in respect of his pensionable service or the amount which, but for the preceding provisions of this section, would have been payable under this Ordinance, whichever is the greater; or

(ii) if he had left the public service on or after the relevant date, be an amount equal to the pension payable under the Minutes on Pensions.

(3) In this section—

"Age of compulsory retirement”, in relation to a Public Officer, means the age at which the retirement of that officer from the public service is compulsory;

"Basic pension payable under the Minutes on Pensions” includes any climate bonus payable under those Minutes and any other pensionable allowance but does not include any other addition to the pension payable under those Minutes or any reduction made in such pension;

"Last salary”—

(a) in relation to a Public Officer who dies while in the public service, means the salary of the officer at the time of his death; and

(b) in relation to a Public Officer who dies after leaving the public service, means the salary of that officer at the time of his retirement from the public service or at the time of his release from the public service or at the time of his release from the public service for permanent appointment in a statutory body, as the case may be;

"Pensionable circumstances” means grounds of age, ill health, abolition of office or any other ground approved by the Minister in charge of the subject of Public Administration;

"Pensionable service” means any service actually performed by the Public Officer and reckoned as service for pension under the Minutes on Pensions but does not include any special service provided for in the Minutes on Pensions;

"Special post or office” means—

(a) the post or office of the Judge of the Supreme Court and any other post or office specified in Schedule M to the Minutes on Pensions; and

(b) any post or office held by a person who is a judicial officer within the meaning of section 25c of the Minutes on Pensions;

"Statutory body” has the same meaning as in section 48A of the Minutes on Pensions; and

"Transferred” has the same meaning as in section 48B of the Minutes on Pensions.

[S 57A ins by s 20 of Act 44 of 1981.]

57B. Special provisions relating to Public Officers who have not paid contributions under this Ordinance in respect of a part of their pensionable service.

(1) Where any person who is a contributor to the Public Service Provident Fund established under the Public Service Provident Fund Ordinance becomes a contributor under this Ordinance on or after the relevant date, the Director shall, notwithstanding anything to the contrary in the Public Service Provident Fund Ordinance, deduct from the moneys payable to such person under that Ordinance an amount equal to four per centum of the aggregate of the salary of such contributor for the whole of the period he contributed to the Fund under section 4 of the Public Service Provident Fund Ordinance. The amount as deducted shall be paid into the Consolidated Fund of Sri Lanka and the period in respect of which such amount is deducted shall, for the purposes of subsection(2) of this section, be regarded as a period in respect of which contributions have been made under this Ordinance by such person.

(2) Where the pension under this Ordinance in respect of any person is under section 57A, calculated on the basis of the pension payable to such person under the Minutes on Pensions and the pensionable service of such person includes any service in respect of which contributions under this Ordinance have not been made, the Director may, with the consent of such person, deduct from any moneys due to or in respect of such person from the State, an amount equal to four per centum of the aggregate salary of such persons together with interest at four per centum per annum on such amount for the whole of the period in respect of which contributions under this Ordinance have not been made.

(3) Where the Director is unable to make any deduction under subsection (2) for the entirety or a part of the pensionable service in respect of which contributions have not been made by any person, such person or, where he is not alive, the person entitled to a pension under this Ordinance in respect of the first-mentioned person may, if he so desires, pay to the Director a sum equal to the amount which was not deducted in terms of subsection (2). If such payment is not made the pension payable under this Ordinance shall, in respect of each complete month for which the payment is not made, be reduced by l/600th of such pension.

(4) In this section "pensionable service” shall have the same meaning as in section57A.

[S 57B ins by s 20 of Act 44 of 1981.]

57C. Special provisions relating to certain teachers.

Where any teacher who was a contributor to the Teachers' Widows' and Orphans' Pension Fund (hereafter in this section referred to as the "pension fund”), established under the School Teachers' Pension Act, has, with effect from April 1, 1970, become a contributor under this Ordinance, the periods during which such teacher contributed to the pension fund shall, for the purposes of subsection (2) of section 57B, be regarded as periods during which such teacher had made the full contributions due under this Ordinance. The contributions made by such teacher to the pension fund, together with the contributions in respect of such teacher made by the Government to the said fund and the interest earned on such contributions, shall be transferred to the Consolidated Fund of Sri Lanka and such teacher or any person claiming through or under such teacher shall cease to be entitled to the benefits under the pension fund.

[S 57C ins by s 20 of Act 44 of 1981.]

57D. Special provisions relating to members of Armed Forces.

(1) Where any pensionable Public Officer becomes a member of the Armed Forces and thereby becomes a contributor to the pension scheme established under the Widows' and Orphans' Pension Scheme (Armed Forces) Act the periods in respect of which he contributed to the fund under this Ordinance shall be regarded as periods for which he contributed to the pension scheme established under the aforesaid Act, and accordingly no refund shall be made to him of his contributions to the fund under this Ordinance, notwithstanding anything to the contrary in this Ordinance.

(2) Where any married Public Officer becomes a member of the Armed Forces such officer shall have the option to continue to contribute to the fund established under this Ordinance and such option shall be exercised within six months of his becoming a member of the Armed Forces. Where such officer opts to continue to contribute to the fund established under this Ordinance the provisions of subsection (1) shall not apply in respect of such officer.

[S 57D ins by s 20 of Act 44 of 1981.]

57E. Pensions payable in respect of officers appointed after 14th March, 1906, to be a charge on the Consolidated Fund.

All pensions payable under this Ordinance in respect of Public Officers appointed after the 14th day of March, 1906, and all amounts to be refunded and all interest to be paid under this Ordinance to such officers or their legal representatives or heir or heirs shall be paid out of the Consolidated Fund of Sri Lanka and are hereby made a charge on the Consolidated Fund.

[S 57E ins by s 20 of Act 44 of 1981.]

57F. Pensions payable under the provisions of this Ordinance other than the provisions of section 57A to be increased by twenty-five per centum.

All pensions under this Ordinance (other than pensions calculable under section 57A on the pensions payable under the Minutes on Pensions) to widows or orphans, whether in possession, expectation and reversion, for any period commencing on or after the relevant date shall be increased by twenty-five per centum.

[S 57F ins by s 20 of Act 44 of 1981.]

58. Actuarial investigation of scheme of paying pensions in respect of Public Officers referred to in section 53.

An investigation of the under this Ordinance in respect of Public Officers referred to in section 53 shall be made, at such times as the Minister may determine, by an actuary approved by the Minister.

[S 58 subs by s 21 of Act 44 of 1981.]

SCHEDULES

SCHEDULE I

[Section 56]

RULES FOR CALCULATING PENSIONS TO WIDOWS AND ORPHAN CHILDREN OF PUBLIC OFFICERS ACCORDING TO THF TABLES IN SCHEDULE ii

Synopsis of Rules

A. — Public Officer who commenced to contribute while a Bachelor.

I.—First Wife's Prospective Pension.

(A) Pension in consideration of the contributions paid during bachelorhood.

(B) Pension in consideration of the annual contribution current at the date of marriage.

(C) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his First wife.

II.—Second and subsequent. Wife's Prospective Pension.

(A) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is a widower.

(B) Variations of pension consequent on the remarriage of the contributor.

(C) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his second or subsequent, wife.

B. — Public Officer who commenced to contribute while Married.

III.—First Wife's Prospective Pension.

(A) Pension in consideration of the annual contribution current at the date of commencement of the contribution.

(B) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his first wife.

IV.—Second and subsequent. Wife's Prospective Pension.

(A) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is a widower.

(B) Variations of pension consequent on the remarriage of the contributor.

(C) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his second or subsequent, wife.

C. — Public Officer who commenced to contribute while a Widower.

V.—Second and subsequent. Wife's Prospective Pension.

D. — Pensions to Orphan Children.

VI.—Orphans' Pensions at Death of Widower Contributor.

(A) Case where the orphans are the issue of the same wife.

(B) Case where the orphans are the issue of different wives.

VII. — Orphans' Pensions at Death or Remarriage of Widow.

VIII.—Orphans' Pensions at Death of Married Contributor.

E. — Public Officer transferred to the service of another Colony.

F. — Calculation of Quantities (or Tabular Results) for Ages not given In the Tables.

A to C—Calculation of Registered Pensions

The calculation of the amount of the pension that will or may become payable at the death of a contributor should not be delayed until such death has actually occurred; but a register should be kept in which full particulars respecting each contributor should be entered and in this register should be recorded against every married and widower contributor the amount of the pension which would become payable should he die immediately, leaving a widow or orphans entitled to such pension. The amount of the pension per annum so entered in the register against a contributor or in other words, his "registered pension” should be calculated (and recalculated as often as may be necessary) in accordance with the following rules—

A. — Public Officer who commenced to contribute while a Bachelor.

Note.—No registered pension is to be recorded unless and until the bachelor contributor marries.

I.First Wife's Prospective Pension.

Note. —The registered pension to be recorded on marriage is found by adding together the two amounts calculated in accordance with the following rules I. (a) and I. (b) respectively:

(A) Pension in consideration of the contributions paid during bachelorhood.

Rule 1.—(a)—Accumulate the contributions at 6 per cent compound interest, with yearly rests at each 31st December, and multiply the result by the quantity found from Table A corresponding to the respective ages next birthday of the husband and wife at the date of marriage. The product gives the registered pension on account of the contributions paid during bachelorhood.

(B) Pension in consideration of the annual contribution current at the date of marriage.

Note.—The amount of the current annual contribution is obtained by multiplying by 12 the amount of the last monthly contribution.

Rule I. (A).—Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution and multiply the amount of the current annual contribution, by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of marriage. The product gives the registered pension on account of the annual contribution current at the date of marriage.

Example of the application of Rules I. (a) and, (b)—

Officer born on

Officer commenced to contribute on

Officer married on

Annual contribution, 1st April 1884, to 3Ist December 1886

Annual contribution, 1st January 1887, to date of marriage

Date of completion of contribution period

Wife born on

Officer's age next birthday at date of marriage

Officer's age next birthday at completion of contribution period

Wife's age next birthday at date of marriage

31st July, 1858

1st April, 1884

30th June, 1888

Rs. 20

Rs. 30

1st April, 1919

31st Aug., 1868

30

61

20

Application of Rule 1. (a)

Accumulation of contributions paid during bachelorhood—

Contributions from 1st April to 31st December, 1884

Contributions during 1885

Rs. 15 0

Rs. 20 0

One year's interest at 6 per cent, on Rs. 15

 

Contributions during 1886

One year's interest at 6 per cent. on Rs. 35-90

 

Contributions during 1887

One year's interest at 6 per cent. on Rs. 58-05

 

Contributions from 1st January to 30th June, 1888

Half-year's interest al 6 per cent. on Rs. 91-53

 

Total accumulation..

Rs. 0 90

Rs. 35 90

Rs. 20 0

Rs. 2 15

Rs. 58 5

Rs. 30 0

Rs. 3 48

Rs. 91 53

Rs. 15 0

Rs. 2 75

 

Rs. 109 28

Quantity found from Table A—Husband 30

Wife 20 346

Rs. 109-28 X -346 = Rs. 37-81 = registered pension in consideration of contributions paid during bachelorhood.

Application of Rule I. (b):—

Annual contribution current al the date of marriage, Rs. 30.

Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution:—

Husband 30

Wife 20 4-29

Rs. 30 X 4-29 = Rs. 128.70 = registered pension in consideration of annual contribution current at marriage.

Total Registered Pension to be recorded on the bachelor contributor marrying:

By rule I. (a) .. .. .. .. Rs. 37 81

By rule I. (b) .. .. .. .. Rs.128 70

Total .. Rs. 166 51

(c) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his first wife.

Note.—The cessation of the contribution from any cause before the completion of the full period of contribution must be regarded as a decrement from the current annual contribution equal to the amount of such current annual contribution.

Rule I. (c).—Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution and multiply the amount of the increment to or the decrement from, the current annual contribution by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of the variation of the contribution.

The product gives the amount to be added to the registered pension consequent on the increment to the current annual contribution or as the case may be, the amount to be deducted from the registered pension consequent on the decrement from the current annual contribution.

Example of the application of Rule I. (c);—

Assume particulars as in the example subjoined to rules I. (a) and I. (b)—

Annual contribution increased on 31st May 1893, from Rs. 30 to .. .. Rs. 50

Annual contribution decreased on 30th April 1898, from Rs. 50 to .. . . Rs. 40

Annual contribution ceased on 31st March 1903.

1893 May 31st—Increment to current annual contribution .. .. Rs. 20

Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution:—

Husband 35

Wife 25 3-56

Rs. 20 X 3-56 = Rs.71-20 = amount to be added to the registered pension.

Registered pension at marriage, see example subjoined to rules 1. (a) and I. (b) .. Rs. 166 51

Add .. .. .. .. .. Rs. 71 20

Registered pension at 31st May, 1893 .. .. .. .. Rs. 237 71

1898, April 30th—Decrement from current annual contribution .. .. Rs. 10

Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution:—

Husband 40 2.91

Wife 30

Rs. 10X2-91 = Rs. 29-10= amount to be deducted from the registered pension.

Registered pension at 3lst May, 1893, as above .. .. .. Rs. 237 71

Deduct .. .. .. .. Rs. 29 10

Registered pension at 30th April, 1898 .. .. .. .. Rs. 208 61

1903, March 3lst—Cessation of contribution regarded as a decrement from current annual contribution .. .. .. .. Rs. 40

Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution:—

Husband 45 2.30

Wife 35

Rs. 40 X 2-30 == Rs. 92-00 = amount to be deducted from the registered pension.

Registered pension at 30th April 1898, as above .. .. .. Rs. 208 61

Deduct .. .. .. .. Rs. 92 0

Registered pension at 3lst March 1903 .. .. .. .. Rs. 116 61

II.—Second and subsequent, Wife's Prospective Pension.

(A) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is a widower.

Rule II. (a)—Assume that the contributor is married to a wife of the age that his last preceding wife would have been had she survived to the date of the variation of the contribution and proceed in accordance with rule I. (c).

Example of the application of Rule II. (a):—

If the particulars be as in the example subjoined to rule 1. (c) except that the first wife, who was born on 31st August 1868, died on 30th November 1888. it would be assumed that the contributor was at the date of each of the three variations of the contribution married to a wife who was born on the 31st August 1868, The calculations will then be identical with those given in the example subjoined to rule I. (c).

(B) Variations of pension consequent on the remarriage of the contributor.

Note.—No variation of the registered pension is to be recorded if the second or subsequent, wife was at the date of the remarriage of the same age next birthday as the last preceding wife would have been had she survived to that date.

Rule II. (b).—If the second or subsequent, wife was at the date of the remarriage of a greater or less age next birthday than the last preceding wife would have been had she survived to that date, multiply the amount of the registered pension by the quantity found from Table C corresponding to the age next birthday of the husband at the date of remarriage and the age next birthday which the last preceding wife would have attained had she survived to that date; multiply the product so obtained by the quantity found from Table A corresponding to the respective ages of the husband and of the second, or subsequent, wife at the date of the remarriage.

The result gives the registered pension to be recorded on the remarriage of the contributor.

Example of the application of Rule II. (b)—

Assume particulars as in the example subjoined to rules I. (a) and I. (b)—

First wife died on .. .. .. .. .. 30th Nov., 1888

Contributor remarried on .. .. .. .. .. 31st Jan., 1893

Contributor's age next birthday at date of remarriage .. .. .. 35

Second wife born on .. .. .. .. .. 30th June, 1873

Second wife's age next birthday at date of the remarriage .. .. 2 0

Age next birthday which the first wife would have attained had she survived to date of the remarriage .. .. .. 25

1893, January 31st—The second wife being of a less age next birthday at the date of the remarriage than the first wife would have been had she survived, the registered pension Rs. 166-51—see example subjoined to rules I. (a) and I. (b)is to be recalculated.

Quantity found from Table C;—

Husband 35

Wife 25 3.224

Quantity found from Table A —

Husband 35

Wife 20 .293

Rs. 166-51 X 3-224 = Rs. 536-83

Rs. 536-83 X -293 = Rs. 157-29 = registered pension at 3Ist January 1893.

(c) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his second or subsequent wife.

Rule II. (c).—Proceed as in rule I. (c).

B.—Public Officer who commenced to contribute while Married.

III,—First Wife's Prospective Pension.

Note.—In every case of a public officer who commenced to contribute while married, the wife at the date of commencement of the contribution is to be considered as the officer's first wife and no particulars are to be recorded respecting any former wife to whom he may have been married, unless there is issue of such former wife of a pensionable age (see D.—Pensions to Orphan Children).

(A) Pension in consideration of the annual contribution current at the date of commencement of the contribution.

Rule III. (a).—Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution and multiply the amount of the current annual contribution by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of commencement of the contribution.

The product gives the registered pension on account of the annual contribution current at the dale of commencement of the contribution.

Example of the application of Rule III. (a)

Officer born on

Officer married on

Officer commenced to contribute on

Annual contribution current on 31st July, 1890..

Dale of completion of contribution period

Wife born on

Officer's age next birthday on 31st July, 1890

Officer's age next birthday at completion of contribution period

Wife's age next birthday on 3lst July. 1890 .. ..

1890, July 31st—Current annual contribution

31st Aug., 1850

30th June, 1879

31st July, 1890

Rs. 100

31st Aug., 1915

31st Oct., 1860

40

65

30

Rs. 100

Quantity found from Table B, section for officers aged 65 next birthday at completion of period of contribution—

Husband 40

Wife 30 3.07

Rs. 100 X 3-07 = Rs. 307 = registered pension in consideration of annual contribution current at commencement of contribution.

(B) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his first wife.

Rule III. (b).—Proceed as in rule I. (c).

IV.—Second, and subsequent. Wife's Prospective Pension.

(A) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is a widower.

Rule IV. (a).—Proceed as in rule II. (a).

(B) Variations of pension consequent on the remarriage of the contributor.

Rule IV. (b).—Proceed as in rule II. (b).

(C) Variations of pension consequent on increments to and decrements from, the current annual contribution while the contributor is married to his second, or subsequent, wife.

Rule IV. (c).—Proceed as in rule I. (c).

C.—Public Officer who commenced to contribute while a Widower.

V.—Second, and subsequent. Wife's Prospective Pension.

Rule V.—For the purpose of calculating the registered pension assume that the deceased wife survived to the date of commencement of the contribution and died immediately afterwards; then proceed in accordance with the rules applicable to the case of officers who commenced to contribute while married (see B).

D.—Pensions to Orphan Children.

VI.—Orphans' Pensions at death of Widower Contributor.

(A) Case where the orphans are the issue of the same wife.

Rule VI. (a).—Divide the amount of the registered pension of the widower contributor equally among the children entitled for the time being.

Example of the application a/Rule VI. (a)

Registered pension of widower contributor at his death, Rs. 150 per annum.

Children entitled on his death—

Spinster daughter aged .. 19

Son aged .. 14

Son aged .. 12

Each of the three children will take a pension of Rs. 50 per annum.

If the spinster daughter marry at the age of 20 the two sons will each take a pension of Rs. 75 per annum.

If the younger son subsequently die at the age of 15 the elder son will take the full pension of Rs. 150 per annum.

(B) Case where the orphans are the issue of different wives.

Note-.—The rules here given provide for the case of two wives only.

Rule VI. (b),- (I) Divide equally among such of the children of the first wife as may be entitled for the time being one moiety of the pension which the first wife would have received had she survived the contributor.

(2) Divide equally among such of the children of the second wife as may be entitled for the time being one moiety of the pension which the second wife would have received had she survived the contributor and had there been no issue of the first wife entitled to pension.

(3) So soon as all the children of either the first wife or the second wife have ceased to be entitled to pension, divide equally among such of the children of the other wife as may be entitled for the time being the whole of the pension which such other wile would have received had she survived the contributor, and had there been no issue of the first wife entitled to pension.

VII.—Orphans' Pensions at Death or Remarriage of Widow.

Rule W.—Divide the amount of the widow's pension equally among her children entitled for the time being.

Example of the application of Rule VII.—

Amount of widow's pension at her death or remarriage, Rs. 150 per annum.

Children entitled at her death—

Assuming the particulars as in the example subjoined to rule VI. (a), proceed as therein indicated.

VIII.—Orphans' Pensions at Death of Married Contributor.

Rule VIII.—In the case where a contributor dies leaving a widow and also children the issue of a previous marriage, divide equally among such of the children of the first wife as may be entitled for the time being one moiety of the pension which the first wife would have received had she survived the contributor. On the widow's pension ceasing, divide equally among such of the children of the first wife as may be entitled for the time being the whole of the pension which the first wife would have received had she survived the contributor.

Note.—In this case so long as the children of the first wife are entitled to pension, the widow's pension is one moiety of that which she would have received had there been no such children.

E.—Public Officer transferred to the Service of another Colony.

Throughout these rules and examples the calculations depend, not on the official income of the contributor, but on the amount of his contribution to the fund, so that the transfer of a public officer to the service of another colony does not affect his registered pension unless the amount of his current annual contribution is varied, in which case the proper adjustment is to be made in accordance with the preceding rules.

F.—Calculation of Quantities (or Tabular Results) for Ages not given in the Tables.

Table A.—The quantities are given for every age of the husband from 15 to 64, and for every fifth age of the wife from 15 to 65. Ages of husbands and wives below or beyond are to be treated as the youngest and oldest ages given respectively.

For the intermediate ages of wives, interpolate by first differences, as follows;—

To find the quantity corresponding to the ages of a husband and wife aged respectively 35 and 27 next birthday—

The quantity for ages 35 and 25 given in Table is .310

The quantity for ages 35 and 30 given in Table is .332

So that the addition of five years to the age of the wife results in an addition of .022 to the quantity given in the Table for ages 35 and 25.

An addition of two years to the age of the wife accordingly results by proportion in an addition of two-fifths of .022 to the quantity given in Table for ages 35 and 25.

Two-fifths of -022=.009, which added to .310 gives .319 which is the required quantity corresponding to ages 35 and 27.

Table B.—This Table is divided into eleven sections respectively applicable to officers who will be aged next birthday 55, 56, 57, ... up to 65, when they complete their period of contribution. Care should in all cases be taken to turn to the section which contains in the heading the age of the husband at the date of completion of his period of contribution.

In each section the quantities are given for 35 consecutive ages of the husband, terminating at the age preceding that at which the contribution ceases, and for every fifth age of the wife from 15 to 65.

Ages of the wife below or beyond are to be treated as the youngest and oldest ages given respectively. For the intermediate ages of wives interpolate by first differences as explained above. Thus, the quantity found from the first section of the Table (age 55) corresponding to the ages of a husband and wife aged respectively 45 and 38 next birthday is three-fifths of .17, added to 1.78, which gives 1.88.

For officers who commence to contribute at an earlier age than 20 next birthday the method of calculation given in the subjoined examples is to be followed.

Example (1).—An officer aged 17 next birthday, having a wife aged 15 next birthday, commences to contribute. Assume that the officer is aged 20 next birthday, so that the quantity found from Table B will be 6-05.

This officer receives an increment of salary at age 22 next birthday, when his wife's age is 20. Assume that his age is 25 next birthday, i.e., his actual age 22 plus the difference between his actual age at entry and 20, which is three years. The quantity found from Table B will be 5.16.

Example (2).—An officer aged 19 next birthday commences to contribute as a bachelor and five years later, when aged 24 next birthday, marries, his wife's age being 20 next birthday. The quantity found from Table A in accordance with rule 1. (a) will be taken from the actual ages (husband 24 and wife 20) and will be ,422. With respect to the current annual contribution at marriage, assume that the officer's age is 25 (his actual age plus one), so that the quantity found from Table B will be 5.16.

This officer receives an increment of salary when aged 39, when his wife's age is 35. Assume as before that the ages are 40 and 35 respectively, so that the quantity found from Table B will be 2.72.

Note.—It will be observed that this method takes account of the actual number of years for which the annual contribution will run. In example (1), when the officer receives the increment of salary al age 22 he has contributed to the fund for five years, so that at the expiration of 30 years his contributions will cease. Similarly in example (2), when the officer marries at age 24, he also has contributed to the fund for five years, so that although he is two years older than the officer in example (1), yet the unexpired period of contribution is the same in each case and the wife's age is in each instance 20, so that no important error is involved in using the same tabular quantity for the two cases.

Table C. —The quantities are given for the same ages as in Table A; ages of husbands and wives below and beyond are to be treated as in using that Table.

For the intermediate ages of wives interpolate by first differences as explained above, except that it must be noted that in this Table an addition to the age of the wife results in a deduction from the quantity given in the Table.

To find the quantity corresponding to the ages of a husband and wife aged respectively 35 and 27 next birthday—

The quantity for ages 35 and 25 given in the Table is .. 3.224

The quantity for ages 35 and 30 given in the Table is .. 3.010

So that the addition of five years to the age of the wife results in a deduction of .214 from the quantity given in the Table for ages 35 and 25.

An addition of two years to the age of the wife accordingly results by proportion in a deduction of two-fifths of .214 from the quantity given in the Table for ages 35 and 25.

Two-fifths of .2I4=.086, which deducted from 3.224 leaves 3.138 which is the required quantity corresponding to ages 35 and 27.

SCHEDULE II

TABLES

Table A

The Yearly Pension payable by Monthly Installments, which a Single Contribution of 1 will secure.

Age of Husband next Birthday

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