Sri Lanka Consolidated Acts

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Parliamentary Pensions (Amendment) Act (No. 47 of 1990) - Sect 7

Replacement of section 7A in the principal enactment

7. Section 7A of the Principal enactment is hereby repealed and the following section substituted therefor: "
7A.
(1) On the death of a Member of the Legislature who is entitled to a pension under this Law, the widow of such member, or where the spouse of such member has pre deceased him, the children of such member shall receive such Pension. Such Pension shall be an amount equal to the amount payable to such member as pension at the time of his death.
(2) The pension payable under subsection (1) to the children of a Member of the Legislature shall"
(a) if there is only one child of such, Member entitled to such pension, be paid in its entirety to such child;
(b) if there is more than one child of such Member entitled to such pension, be apportioned among them in equal shares.
(3) For the purpose of subsection (1), any person who has served as a Member of the Legislature for a period of less than five years in the aggregate and whose death is certified by the Attorney-General on material furnished to him, to have been caused by an act which would in his opinion constitute an offence under the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 shall be deemed to have served as a Member of the Legislature for a minimum period of five years and entitled to a pension under this Law at the time of his death.
(4) The pension payable under subsection (1)-
(a) to the widow or spouse of a Member of the Legislature, shall cease upon the death or remarriage of such widow or spouse whichever occurs earlier ; and
(b) to the child of a Member of the Legislature, shall cease upon such child attaining the age of twenty-one years or upon his marriage whichever occurs earlier.
(5) On the death or remarriage of the widow or spouse of a Member of the Legislature entitled to a pension under this Law, this Law, to such widow or spouse at the time of her or his death or remarriage. The Pension payable under this subsection to the children of a Member of the Legislature shall"
(a) if there is only one child of such Member entitled to such pension, be paid in its entirety to such child;
(b) if there is more than one child of such Member entitled to such pension, be apportioned among them in equal shares.
(6) Subject to the provisions of sub- section (5), the pension payable under sub section (5) to a child of a Member of the Legislature shall cease upon such child. attaining the age of twenty-one years or upon his marriage, whichever occurs earlier.
(7) Notwithstanding the preceding provisions of this section, where a Medical Board comprising three medical officers appointed by the Director of Health Services determines that a child, who is entitled to receive a pension under subsection (1) or subsection (5), suffers from such physical or mental disability as renders him incapable of earning his livelihood, such child shall be In the ed to receive such pension, calculated in the manner referred to in subsection (1) or subsection (5), during his life time,
(8) For the avoidance of doubt it is hereby declared that a child legally adopted by a Member of the Legislature shall be treated as a child of that member for all purposes of this law.",


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