Questions asked frequently by recipients
What is the basic law applied for the Widows’/Widowers’ and Orphans’ Pension scheme?
- Provisions made for the Widows’/Widowers’ and Orphans’ Pension scheme Widows’ and Orphans’ pension Ordinance No 01 of 1898
Act (Amendment) No 44 of 1981
Act (Amendment) No 57 of 1998
Widows’ and Orphans’ Pension Fund (Amendment) Act No 08 of 2010 - Provisions made for the Widowers’ and Orphans’ Pension scheme
Widows’ and Orphans’ pension Act No. 24 of 1983
Act (Amendment) No 19 of 1985
Act (Amendment) No 10 of 1997
Act (Amendment) No 56 of 1998
Act (Amendment) No 65 of 1998
Act (Amendment) No 02 of 2001
Act (Amendment) No 09 of 2010
What is the process to be followed for the implementation of Widows’/ Widowers’ and Orphans’ Pension Scheme?
- It is compulsory for every public officer, who has been granted a pensionable appointment in terms of the section 21 of the Widows’ and Orphans’ Pension Ordinance No 01 of 1898, and every female officer, who has been granted a pensionable appointment on or after 01.08.1983 in terms of the Widowers’ and Orphans’ Pension Act No. 24 of 1983, to register in the Widows’/ Widowers’ and Orphans’ Pension Scheme.
Can a person receive a non-pensionable appointment be a contributor to the Widows’/ Widowers’ and Orphans’ Pension Scheme?
- It is not possible. However, a person, who has received a non-pensionable appointment, can contribute after receiving a pensionable appointment. For this purpose, contributions to widows’ and orphans’ pension should be paid also for the previous period and then that period of service should be amalgamated to the pensionable appointment.
How do you get the membership of Widows’/Widowers’ and Orphans’ Pension scheme?
- Every male and female public officer, who has received a permanent and pensionable appointment, should get the membership of the Widows’/Widowers’ and Orphans’ Pension scheme within three months from the date of their permanent and pensionable appointment. For this purpose, it is required to submit an online application as prescribed in Pension Circular 2/2016 (Revision iii). Further, contributions to the widows’ and orphans’ fund should also be recovered from the first monthly salary.
In addition to the above,
- When the pensioner dies and if a membership number is not available, new membership number can be obtained by way of submitting applications online through the institute, where the person served for the last time, as per Pension Circular No. 2/2016 after submitting a letter of confirmation through the Divisional Secretariat.
- At such occasions, where the membership number of the contributors, who demises whilst in service, indicated in the pension application and the file at the Department of Pensions is not tallied, new membership number can be obtained by way of by way of submitting applications online through the institute, where the person served for the last time, as per Pension Circular No. 2/2016.
- If it is revealed that any officer retired before 2016 has no membership number, new number can be obtained referring the personal file by way of submitting application online through the institution, where the person served for the last time.
- In addition to the above, it has been informed that the Widows’ and Orphans’ Number or Widowers’ and Orphans’ Number issued to the male and female officers in Local Government Services and Teachers is valid further as per para (vi)-8.1 of the Pension Circular No. 6/2015 (1). Further, new male and female officers can obtain a number by way of submitting applications online through their service stations as per Pension Circular No. 2/2016.
What are the main documents to be uploaded in this regard?
- Application (Data Sheet), which contains correct data
- Letter of appointment to the pensionable post
- National Identity Card
- If any difference is found in the name or names of the member in the letter of appointment to the pensionable post and National Identity Card, revised letter of appointment or certificate of birth, of which the name has been changed under column 13.
- If the letter of appointment to the pensionable post has been antedated, a certificate from the Accountant of the relevant institution to the effect that contributions have been duly recovered to the widows’ and orphans’ fund form the date of first appointment
What is the party responsible for granting entitlement to widows' and orphans' pension to an officer demises whilst in duty?
- In terms of the section 09 of the Pension Circular No.3/2020, which has been issued for the purpose of pension, action should be taken by the institution, where the office served.
What is the institution?
- For this purpose, institution means the institute or office, where the employee served for the last time.
What are the requirements to be satisfied for the entitlement to widows'/ widowers' and orphans' pension?
- Should have married legally with the spouse.
- Should have obtained a number for widows'/ widowers' and orphans' pension.
- Should have entered in a legal marriage either before giving up the membership of widows'/ widowers' and orphans' pension or terminating the recovery of contributions to the same. Such marriage should not have been made solely with the intension to obtain widows'/ widowers' and orphans pension.
The situations given below are not considered.
- Entering in a marriage when the male/ female contributor is at the threshold of the retirement.
- Entering in a marriage when the contributor is seriously ill.
- Entering in a marriage, where the male/ female contributor is suffering from a chronic disease for a long tome.
What is Widows'/Widowers' and Orphans' Pension?
- The salary paid to the spouse and orphans due to the death of a male/ female officer, whilst he/ she is in service or after retirement.
What is orphans' pension?
- The payment made to the unemployed children below 26 years of age, who have born to the male/ female contributor, either after the demise of a male/ female public officer or male/ female pensioner and his/ her spouse or after entering in a marriage again is called orphans' pension.
What is disability pension?
- The pension paid to the legal children of the male/ female contributor after the demise of such contributor, who have become disabled mentally or physically by birth or before reaching the age of 26 years resulting them unable to make their livelihood is called disability pension.
What is the process for applying for widows'/ widowers' and orphans' pension after the death of a contributor?
- In order to obtain widows'/ widowers' and orphans' pension due to the death of a contributor, application should be submitted to the Department of Pension from the institute where the demised person served for the last time, if such person is still in service and if such person has retired, such application should be submitted from the Divisional Secretariat, which paid the pension for the last time. Therefore immediate action should be taken to hand over required documents visiting the officers in charge of the subject and discussing relevant matters.
Who is the contributor for the purpose of submitting particulars for applying for the widows'/widowers' and orphans' pension?
- Contributor means the male/ female officers, who have been appointed to serve in a permanent and pensionable post in the public service and further entitled to obtain membership of the Widows 'and orphans 'pension fund.
Are the marriages entered in after the retirement entitled to W&OP?
- In terms of the section 2:7 of the Pensions Minute, entitlement to the widows'/ widowers' and orphans' pension can be granted to an officer, who have been sent on retirement due to abolition of post, based on the marriages made up to the age of 55 years.
- At other instances, the widows and orphans of the marriages, which take place after retirement and leaving the membership of W&OP, are not entitled to the W&OP.
What is the period, for which orphans are granted entitlement to W&OP after the death of widow/ widower?
- The unemployed children below the age of 26 years are granted entitlement to the orphans' pension irrespective of marriage amending section 29 of the first Act by the Pension Act No 64 of 1998.
- If the orphan is employed before reaching 26 years of age, the entitlement to Orphans pension will be cancelled from the date of such appointment.
Questions ask frequently by the officers in charge of the subject of pension
For whom should the widows'/ widowers' and orphans' pension be paid?
- The salary paid to spouse and orphans due to the death of male/ female officers whilst in public service or after retirement.
What are the circulars, which contains instructions in respect of submitting applications for widows'/ widowers, and orphans' pension?
- Pension Circular No. 06/2015, 06/2015 (I)
- Pension Circular No. 03/2020
- Pension Circular No. 3/2008 (Revision I) – (Instructions for the recovery of the contributions in arrears)
Who are defined as the parties for the purpose of granting entitlement to widows'/ widowers' and orphans' pension?
- If the demised male/ female officer is married,
- Legal spouse
- Unemployed children below the age of 26 years, in case where the spouse is not living
- Adopted children ( Children adopted legally)
What is the methodology applied for the payment of widows'/ widowers and orphans' pension?
- Payment of widows'/ widowers' and orphans' pension is made at present as per the method indicated in Pension Circular No. 06/2015, 06/2015 (i) and Pension Circular No. 03/2000.
What are the other documents to be submitted along with the application for widows'/ widowers' and orphans pension?
- Following documents of the demised officer,
- Original of the certificate of death
- Certificate of marriage
- Original of the certificate of birth
- A certified copy of the National Identity Card
- A certified copy of the history sheet- The history sheet perfected with the inclusion of all particulars from the date of first appointment up to date of death ( all years and other particulars) should be submitted and incomplete history sheets will be rejected.
- A certified copy of the letter of appointment- Certified copies of all letters of appointment such as letter of appointment to the permanent and pensionable post, and the letter of appointment on casual/ temporary/ substitute/ training/ daily wages or contract basis , if the officer has served under such appointment before receiving an appointment to the permanent and pensionable post, should be submitted.
- Particulars on service breaks, if any and a confirmation to the effect that contributions have been recovered for the widows' and orphans' pension during the period where service break is recorded - (If contributions have not been recovered, such amounts should be calculated accurately for the relevant period as per Pension Circular No. 3/2008 and 2/2013 and then the calculation report should be submitted. Further, the amount to be recovered should be included in the no claim certificate.
- Certificates of birth of spouse and orphans and certified copies of their bank pass books.
- PD-04 application prepared as per Pension Circular No. 06/2015. 06/2015 (i),if the application is not submitted online (Widows' and orphans' pension application) and other relevant documents
- Confirmation to the effect that contributions to the widows' and orphans' pension have been recovered for the period of antedating, if the appointment has been antedated- If there is any due amount, it should be accurately calculated and then the report of calculation should also be submitted. In the meantime action should be taken to recover the due amount.
What is the action to be taken, when it is reported that male/ female officer/ spouse had entered in several marriages?
- Certified copies of such marriages relevant to each marriage, absolute order of the divorce or death certificate of the spouse of the previous marriage ( Certified by the Registrar of the Courts) should be submitted.
- Particulars of the children in previous marriages should be submitted.
What is the action to be taken regarding the differences in the name of the contributor?
- Action should be taken in such situations as per section 5.1 of the Pension Circular No. 03/2-21 and section 06 of the instructions indicated in 02 of the Pension Circular No. 03/2000.
If the spouse has entered in another marriage after the death of the contributor
- If the spouse is living with another person after the death of the contributor, action should be taken to verify as to whether they have married legally and the information should be submitted through Divisional Secretary after finding facts referring relevant documents.
If the spouse is in a marriage with another person neglecting children
- If the spouse lives neglecting children, relevant information should be submitted through the Divisional Secretary.
- Refer Pension Circular No. 13/2000 and Pension Circular No. 03/2013 in this regard.
- When the relevant information and the application are submitted to the Department of Pension, action will be taken to make payments on verification of the matter.
What is the action to be taken at such occasions, where a marriage life has been spent for years without entering in a legal marriage as per 08. II above?
- At such occasions, an investigation should be conducted using the reports of Grama Nlidhari, extracts of electoral registers, reports of the dignitaries etc and if it is found that the contributor and spouse has spent a marriage life for a number of years, such documents should be submitted along with a report of the Divisional Secretary to the effect whether it is recommended to grant entitlement to the spouse to the widows'/ widowers' and orphans' pension. Accordingly, Department of Pensions will consider as to whether this payment is made examining the relevant facts.
What are the facts to be taken in to consideration for the payment of 50% from the pension, when the widow marries again?
- Anomalies should be removed as per Pension Circular No. 6/2004 for the persons , who retired before 01.01.1997 and when paying the 50% from the pension to such widows/ widowers, 50% from the revised salary should be paid.
- It should be verified from the Grama Niladhari whether the widow or widower is holding at present a post in public service. If so, the payment of widows pension and the cost of living allowance should be suspended. The amount paid so far, if any, should be recovered.
- The request made by the widow/ widower, who married again, should be submitted to this Department along with the whole file and relevant recommendations and documents. The grant will be made for these files.
What are the benefits granted to a male/ female officer, who demises whilst in service?
- If the gross period of service is more than 60 months, payment of death gratuity to the legal spouse and to unmarried , unemployed children.
- Payment of widows'/ widowers' pension to the spouse, or payment of orphans pension to the unemployed children below the age of 26 years or payment of disability pension to the disabled orphans, , if the spouse has died.
What are the benefits grants to a male/ female officer, who dies after retirement?
- Payment of widows'/ widowers' pension to the spouse, or payment of orphans pension to the unemployed children below the age of 26 years or payment of disability pension to the disabled orphans, , if the spouse has died.
What are the benefits granted for a male/ female officer, who dies after retirement before receiving the pension?
- The heirs' payment will be made to heirs by the Centralized Pensions Division of the Department and once such payment is made, Widows' and Orphans' Pensions Division will grant the spouse/ orphans the entitlements to benefits.
What should be done regarding the issues arisen on the entitlement to widows'/ widowers' and orphans' pension or any other issue connected to the same?
- Communicating with Widows' and Orphans' Pension Division by telephone
- Obtaining information on the current process calling 1970
- Visit
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