Payment of Armed Forces Widows’ /Widowers’ Pension

Tree Armed Forces

1. Army

2. Navy

3. Air Force

Background

• Granting entitlements to the benefits of W&OP  was commenced by Widows' and Orphans' Pensions Scheme (Armed Forces) , which has been introduced in year 1970 for the regular members of three Armed Forces, and series of orders dated 28.11.1970.
• For the first time the benefits of the widows' and orphans' pensions scheme have been granted to the male members of three Armed Forces. Accordingly, benefits of this pensions  scheme, which were limited to the males, have been extended also to the female members by way of issuing Widowers' and Orphans' Pensions Scheme (Armed Forces) No 60 of 1998.
• Accordingly, the members, who join regular service after 30.09.1968 become compulsory members and opportunity has also been given to the members, who joined the service prior to the above date, to join as per their option.  For the last time, the time for extending option has been extended by Pensions Circular No. 03/2006. That period of extension has also expired by 30.06.2000.
  Members of the voluntary armed forces were not entitled to the benefits of this scheme and opportunity has also been given later to the members of the voluntary forces also to get the membership of W&OP scheme by the Pensions Circular No. 10/2009. Accordingly, concessionary periods have been given to them for joining with the scheme on their option and for the last time that has been extended by Pensions Circular No. 02/2012. That date expired on 31.12.2012.
• The servicer number of the members of armed forces is their W&OP number but a file is not maintained at the record room of Department of pensions for these members.   However the Head of the relevant Armed Force should submit (Director, Salaries and Documents) W&OP application after the demise of the member. 
• The entitlement to widows'/ widowers' and orphans' is granted form the day after the death of the member.

Methodology

The first step of the payment process of widows and orphans pension  is the submission of application by the three Armed Forces.  There are two methods in this regard.

A. Death occur whilst in service

For this purpose, relevant armed force should submit the application for W&OP and other documents to the Department of Pensions as per Pensions Circular No. 06/2015 (1). Entitlement to the widows'/ widowers' pension is hereby granted irrespective of the service period of the member.   

However in terms of the regulations of W&OP (Armed Forces) No. 18 of 1970,

27(1) In case, where a contributor demises within 12 months from the date of marriage, and if the contributor has no children from such marriage, the widow of such contributor should not be treated as a beneficiary or a person entitled to the pension, except the provisions made hereinafter'.  However the Director can make an order as per his discretion to pay her the full pension or a part of it , for which the widow might have been entitled to , if the provisions mentioned were not existed, and if the Director makes such order, the widow will be entitled to receive such payment and she should be treated as a beneficiary for the purpose of these orders.  

(2) “In terms of the authority granted by an order given by the Director conforming to para (1) of these orders, only a part of the pension should be paid to the widow and the remaining part of the pension should be paid to the beneficiary, if there is only one such beneficiary. However such part should be paid in equal parts to beneficiaries, if there are several such beneficiaries.'  

At such occasions, the application should be submitted to the Department of Pensions in order to grant pension entitlement to the widow.

Provisions for the widowers have also been made in the following manner by section 26 (1) and (2) of Widowers' and Orphans' Pensions Scheme (Armed Forces) No. 60 of 1998. 

“26.(1) In case, where a female contributor demises within 12 months from the date of marriage, and if they have no children from such marriage, the widower of such contributor should not be treated as a beneficiary or a person entitled to the pension, except the provisions made hereinafter'.  However the Director can make an order as per his discretion to pay him the full pension or a part of it , for which the widower might have been entitled to , if the provisions mentioned were not existed, and if the Director makes such order, the widower will be entitled to receive such payment and she should be treated as a beneficiary for the purpose of these orders.  

 (2) “In terms of the authority granted by an order given by the Director conforming to para (1) of these orders, only a part of the pension should be paid to the widower and the remaining part of the pension should be paid to the beneficiary, if there is only one such beneficiary. However such part should be paid in equal parts to beneficiaries, if there are several such beneficiaries.'  

A.1. The role of the relevant institution in the application process

A.2. Process to be followed for an application for W&OP of Armed Forces, which is submitted as per Pensions Circular No. 06/2015 (1)

B. Death after retirement

In order to grant entitlement to W&OP for the members, who dies whilst receiving their pension from the Divisional Secretariat, the application for W&OP (Armed Forces) should be submitted to relevant Divisional Secretariat by the armed force, to which the member belongs. Then, the relevant Divisional Secretariat should take action to refer the W&OP application to the Department of Pension through online system as per Pension Circular No. 03/2020.

B.1. Role of the institute in the application process

B.2. Process to be followed for the applications (Online) submitted as per Pension Circular No. 03/2020

• Since this application is submitted through online system, the civil/ service pension file is called by the Department of Pensions from the Divisional Secretariat , if the arrears exceeds Rs. 7.5 lakhs.. The future activities pertaining to such files called by DOP will be carried out as per Pensions Circular No. 06/2015 (1) and the Department will calculate and refer it for inspection , and further the approval is also granted and the payment is also commenced by the DOP.

Documents to be included in the application

• Application of the armed forces 
• PD 4 application
• Death certificate of the contributor  - First copies issued by Additional/ District Registrar
• Birth certificate of the contributor - First copies issued by Additional/ District Registrar 
• Marriage certificate of the spouse  - First copies issued by Additional/ District Registrar
• Marriage certificate
• Certified copy of the N I C of the contributor 
• Certified copy of the N I C of the spouse
• Certified copy of the savings bank pass book of the spouse (Individual) 
• A proper confirmation from the Head of Institute, if any difference is found in the name of the contributor 
• A proper affidavit or legal documents to prove the differences in the name, if any such difference is found in the name of spouse 
• If the c contributor or spouse has entered in marriages previously, 
  • Marriage certificate 
  • Divorce certificates to confirm that such marriages had come to end (For marriages under Kandyan law )-originals of 
  • Absolute order of the divorce 
  • Death certificates 
• Birth certificates and bank details of the unemployed children below age of 26 years, who are from previous marriage of the contributor .  
• Report of the Divisional Secretary on the present civil status of the contributor 

Instances where the application cannot be submitted through online system

Even though opportunity has been provided to submit application through online system by Pensions Circular No 03/2020, there are instances, where such applications are submitted to the Department of Pension by the Divisional Secretariat and armed forces in order to take action as per Pension Circular No. 06/2015 (1) deviating from the online system due to defects in the system. These are such instances. 

• Payment of 50% of W&OP when the widow/ widower marries again.
• Non inclusion of the section in the data system, under which the pensioners has been sent on retirement.
• Inability to obtain unreduced salary by the new system  .
• Inability to prepare the salary to be included in the system due to unavailability of a first awarding certificate in the file.
• Considerable differences found in the contributor or spouse 
• Reporting information on polygamy  and issues on marriages.
• Making claims by another widow when payments are made to one widow .
• Payment of disabled and orphans pension 
• Commencement of the payment of orphans' pension.
• Changing guardians of the orphans.
• Finding excess payments .
• The death of the contributor without pension rights.

When the orphans of the contributor  are living under other guardians as a result of neglecting them by the spouse.

When W&OP entitlement is granted for male/ female members of Armed Forces, it has been stipulated by the section 36 of the Widowers and Orphans Pensions Scheme (Armed Forces) No 60 of 1998 and Section 37 of Widows and Orphans Pensions Scheme (Armed Forces) No 18 0f 1970 that issues arisen on the pension to be paid to a certain beneficiary, entitlement of a certain person or the provisions or interpretations of the Act, should be submitted to the Secretary of the Ministry of Public  Administration, Home Affairs, Provincial Councils and Local Government and further the decision of the Secretary of the aforesaid Ministry should be the final. 

Ordinances, Acts and Circulars which are applied for the purpose 

• Widows’  and Orphans Pensions Scheme (Armed Forces) No. 18 0f 1970 
• Widowers’  and Orphans Pensions Scheme (Armed Forces) No. 60 0f 1998 
• Widows’ and Orphans Pensions Scheme (Armed Forces) No.18 f 1985 
• Widows and Orphans’  Pensions (Amendment)  Act No. 55 of 1999 
• Widows’ and Orphans’ Pension Scheme (Armed Forces) (Amendment) Act, No. 29 of 2009 2
• Widows and Orphans’  Pensions (Amendment)  Act No. 08 of 2010 
• Widows and Orphans’ Pensions (Amendment) Act No.09 of 2010
• Pension Circular No. 03/2006 - For exercising the option of the members of regular service, who joined the service before 30.06.1968, to get the membership of W&OP.
•  Pension Circular No.  04/2009 - Instructions and code numbers for the payment of armed forces W&OP  to District and Divisional Secretariats  ප්‍රා
•  Pension Circular No.  10/2009 - For exercising the option of the male/ female  members of voluntary  forces, to get the membership of W&OP and grant entitlement to the same.
•  Pension Circular No.  13/2010
•  Pension Circular No.  02/2012 - Extending the period given to the members of the male/ female  members of voluntary  forces, to get the membership of W&OP.scheme
•  Pension Circular No.  06/2015(1)
•  Pension Circular No.  03/2020
•  Pension Circular No.  03/2008(1) - Recovery of arrears of contributions 

Type of code numbers applied

• Armed Forces Widows Pension - 40
• Armed Forces Widowers Pension - 44