20. The following new sections are hereby inserted immediately after section 57, and shall have effect respectively as section 57A, section 57B, section 57c, section 57o, section 57E and section 57F, of the principal enactment:
| 57A.
| | (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
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| (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
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| 57B.
| | (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 [Cap.621] 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 section 57A. | | |
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| 57C. 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, |
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| 57D.
| | (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. | | |
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| 57E. 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. |
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| 57F. 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.'. |
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Sri Lanka Consolidated Acts