OPA At Your Service

Questions and Answers:

Pension anomaly

Question: Re my pension anomaly I wrote two Regd. Letters, one fax, visited the Pension Head office at Colombo 10, on four occasions, took more than 25 calls and have spoken to the Heads in addition to the subject clerk (Planning and Policies Section) quoting my reg. letters No. 1191 dated 4/42008, 4298 of 17/5/2008, fax on 4/7/2008 with necessary copies (photo copy) of mine along with the other two, for comparison purpose, but failed to receive any reply up to date. 6 1/2 Six and a half) months have passed and I am still hopefully awaiting for a reply.

I am a retired Pensioner of Sri Lanka Telecom from 24-9-1996. We, three of us retired from the SLT on the same day and were drawing the same pension up to the day of implementation of Dir. of Pensions Circ. 2/2006, regarding revised increased pension. My Pension No. 728890 drawing pension from Div.Secy. Thimbirigasyaya. The other two Div.Secy. Moratuwa, Div.Secy.Dam St. Col. 12.

My pension amount differs (less) by Rs. 267/03 compared to the pensions of above two (only after the implementation of circ. 2/2006). All my attempts up to date have been of no use (failed), hence I am compelled to write seeking your kind, sympathetic assistance please.

Our service "Abolition of Post" and we were compelled to retire from Govt. Service on 24/9/1996. SLT converted to Corporation and later Company. Our service is MLTS. My date of appointment is 1.10.1967, retired on 24/9/1996, having MLTS Special Grade Maximum. Because of my No pay of 1 year 1 mth, 5 days, my pension was made same as other two, although their date of appointment is 16.2.1971. All three retired on same day (24.09.1996). The two of them are junior to me by 4 years, just because of my no pay I am compelled to draw same pension as them.

Further mine is a MLTS Grade, Special Grade, Maximum and length of service accounted 360 months (please refer award of pensions of 24.01.2001.

When I spoke to the Pensions Department Director, she directed me to another officer who said that the other two files were received from Moratuwa and Dam Street on 10/09/2003 for comparison. Although she undertook to reply within 2 weeks, now 1 1/2 months have passed and no reply.

Awaiting for your kind intervention and reply.

V. Niles Natcunam

Wellawatte

Answer: Please make your question short as it was very long and we have left out some parts of it. It is also not correct for us to publish the names and telephone numbers of Officers in the Pensions Department as given in your question.

We got in touch with the Pensions Department, although the officer who handled your file was on leave, we managed to find the status. Only on our inquiring they confirmed that all three files are available and now after out follow up they have handed over the files to the Audit Department. We suggest you to follow up in about 2 week's time and let us know the progress. Although they say two weeks you are lucky if it is finalised in two months.

Is Govt. pensioner entitled to his decasead wife's pension?

Question: I hope you will be good enough to publish the following questions in the Daily News OPA At Your Service page. Is a Government pensioner entitled to draw the full pension of his/her demised partner who has also been a Government pensioner?

H.S.R. Kandy

Answer: Yes, whether you are a Government pensioner or not, you are entitled to your deceased wife's pension. Again it does not matter whether your demised partner (provided she is your legal wife) has been a Government pensioner or was still in service.

What matters is to check whether she has been contributing towards the W & OP (widows and Orphans Pension). The W & OP for women employees was introduced only in 1983, therefore several persons who were already in employment from prior to 1983 had failed to enroll or contribute towards the W & OP. If she has not contributed then there is no widows or widowers pension available for you to be entitled to. If on the other hand if she had joined the W & OP, you are entitled to her pension. You have to check with the Divisional Secretariat from where your wife was drawing her pension and you will require her pension file no. to make inquires.

How could I transfer my vehicle legally if original file is not available in RMV Office?

Question: Is there any alternative to reopen a new original file for my old motorcycle which bears No. 96 Sri 7501. The RMV has destroyed its file because I could not inform him that I am still using the motor cycle without any trouble.

Even today I ride it as the AGA of the Provincial Secretariat at Mahara issued me the Revenue licence at the end of every year. But I have decided now to sell my motor cycle and buy a small car. Selling is not easy because the transfer problems prevent me doing so. Therefore I seek your advice to solve this problem.

P. Subasinghe

Buthpitiya

Answer: Have you personally checked with the RMV Office? Who informed you that the file is destroyed RMV's office now has most of the information pertaining to all registered vehicles stored in the computers as well.

When we contacted the RMV's office motor cycle No. 96 Sri 7501 information is available but it is not registered under your name. It is under the name of a Mercantile Company.

We suggest that you call over at the RMV's office at Elvitigala Mawatha, Colombo 5. Along with the revenue licence, your vehicle registration book and any other documents available, to meet the officers in the motor cycles registration section. They will help if you and you still have a problem contact us again.

No response to EFP claim application

Question: I sent duly filled form "K" with all necessary documents on 5-07-2008 to the EPF claim branch, No. 356, Galle Road, Colombo 3, in order to refund my EPF balance, by registered post No. 3783 at Pu

loly Sub Post office.

As there was no response to this application I sent a reminder on 20-08-2008 under registered post No. 4307 at the same Post office to the same address. I didn't hear anything from the EPF Office up to now. The particulars are as follows: Employers No. 25803/A

Name of Member: Sathasivam M

Membership No. 21

Name of Institution: K.S. Footwear (now closed)

Address of Institution: 120, Dematagoda Road, Maradana, Colombo 9

As the institution is now closed, and the whereabouts of the employer not known, I sent along with my application a letter of indemnity and a certificate from the G.S.0. and D.S. of our area, in support of my identity. Also, along with my application I sent a letter addressed to the DC of labour of the Colombo 09, area asking him to certify that the K.S. Footwear at No. 120 Dematagoda Road, Maradana, Colombo 09 is now closed. I will be very much thankful to you Sir, if you will please contact the officers concerned and let me know through the "Questions and Answers" OPA Page in the Daily News, whether I can get the EPF refund or should I have to produce any more documents. Please help me.

M. Sathasivam, Puloly

Answer: The EPF Claims Section has been shifted to the Labour Secretariat building at Kirula Road, Narahenpitiya. We contacted the EPF Department and they confirmed that your claim from has been received at their post section and passed on to the Claims Section on 21/07/08. According to the claims section there are some shortcomings in your completion of the claim forms. Some certification on page 2 is supposed to be missing and also you have not sent a certified copy of your photograph. They will be writing to you in due course pointing the short comings in your claim. The delay is in getting your claim form which has been submitted in Tamil to be translated we understand. The requirements are for your information.

1. "K" Form completed by your employer

2. "B" Card available with your employer

3. Original birth certificate for inspection and return along with a copy to be submitted (certified copy may be attached)

4. Copy of your NIC certified by the employer

5. Proof of a bank Account in your name (copy of pass book or savings account or copy of bank statement or letter from your bank for current account)

6. A passport size photograph of yourself preferably certified on the reverse since your application is by mail.

Recommendation of Human Rights Commission and report of inquiring officer

Question: In some cases, a copy of the report of the inquiring officer is attached with the recommendation.

But on some occasions, they send only the recommendation without a copy of the report of the Inquiring Officer.

In these circumstances, the person who submit the complaint has a reasonable doubt about the recommendation.

Hence, I would like to verify the following.

1 Can a petitioner obtain a copy of the report of the Inquiring Officer?

2 To whom should the petitioner make a request for the above?

3 Can the petitioner make an appeal regarding the recommendations given by the Human Rights Commission?

4 a) If so, to whom should the petitioner submit the appeal?

b) Is there any time limitation to submit an appeal?

V. K. Pemadasa, Mattegoda

Answer: According to the HRC, it is not the usual practice to send the inquiring officer's findings but only the recommendation is sent.

1 & 2 The petitioner can write to the "Director Inquiry and Investigations" of the HRC and request for a copy of the inquiry officers findings. If the Director deems fit and necessary he will send a copy of the Inquiring Officer's finding but never the "Investigation report".

3. The petitioner can appeal regarding the recommendation for which he has to write to the HRC Chairman. Here again if the Chairman feels that the appeal is justifiable, he will grant the opportunity for an appeal procedure.

4. There is no time limit as such but preferably within a month or two. The HRC in fact expects a response from the petitioner regarding the implementation of their recommendation. In some cases they even write to the petitioner to follow up.

Citizenship for child born overseas to parents from different countries

Question: My son is married to a foreigner from another Asian country and both of them are currently working and living in a Middle Eastern country. If they have a child whilst in the Middle East, what will be the citizenship for that child and what is the procedure to get the citizenship for this child.

Worried Father,

Bambalapitiya

Answer: The birth of the child has to be registered in the country of birth. The parents can also call over at the Sri Lankan Embassy in that country or if not available, in a nearby country and collect the forms necessary to register the birth in Sri Lanka or at the Citizenship Division of the Department of Immigration and Emigration in Colombo. This has to be done within one year of the birth of the child. At the same time application should be made for the registration of the child for citizenship and a certificate will be issued. There will be a fee levied and the embassy will send the forms to the relevant office in Sri Lanka in order to register the birth and citizenship respectively.

Similarly, you can check up the procedure from the Embassy of the mother's country. The child can get a separate passport from Sri Lanka or get it included in the father's passport. Similarly it may be possible to include the child's name in the mother's passport. It has to be either in the father's or mother's passport.

Not in both. When the child is over 10 years, can opt for Sri Lankan, or the mother's country or in some countries even the country of birth (if allowed) for citizenship. The citizenship registration certificate has to be obtained prior to applying for a passport or inclusion in the father's passport by Sri Lanka. If not the child can opt for dual citizenship as well by payment of the fee specified. Even before the age of 18 years the child can obtain dual citizenship, if either of the parents have dual citizenship.