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Questions and Answers

Conversion from commuted to full pension

Question: I am a retired Medical Practitioner. My pension No. is 854740. Paying authority is Divisional Secretary Dam Street, Colombo 12.

I obtained the commuted pension and I am entitled to full pension after 10 years. I wrote several letters to the Divisional Secretary without success. Kindly request the pension authorities to put me in the correct step and pay me arrears. Thank you.

Disgruntled pensioner.

Answer: The Divisional Secretary at Dam Street, is the correct contact person if your pension is paid from the Dam Street, Secretariat.

All that we were able to do is to use the kind corporation of the Director Pensions to intervene or advise the Divisional Secretary to expedite the payment of your full pension. The Director Pensions has already written to the Divisional Secretary with a copy to you. Trust your matter will be expedited now.

Debit tax charged to convert Savings Account

to Joint

Question: I have a savings account in the National Savings Bank. I wanted this account to be made as a joint account. I completed the necessary form and handed them over. To my surprise they closed my account and opened a new joint account by deducting a debit tax. I didn't withdraw the money for them to deduct debit tax. I only wanted them to make it a joint account. When I inquired they said they have to close the account to open a new joint account. Even if they close they should not have deducted debit tax as I didn't withdraw the money.

Please clarify the above as they have incorrectly deducted debit tax on my account and whether I can collect this money.

Nimmi, Colombo 4.

Answer: Different Banks have different practices as per their own rules and regulations. Some banks merely convert the existing savings account into a joint account on a request and relevant forms being signed and submitted. However, we understand that the NSB's system is to close the account and open a new account which is acceptable. We agree that thy should not charge debit tax. We spoke to the NSB and we were told that the debit tax can be refunded. You should contact the Manager or the Zonal Manager to get the debit tax refunded as soon as possible. If you had given the branch and the account number we may have been able to get it done.

Non payment of EPF

Question: Please note that I came for employment in 1982 at St. Philips Estate, Madurankuliya which belongs to L. P. Fernando of Union Place, Colombo. The EPF deduction (according to his letter to the Commissioner) which kept in his personal account and paid to all employees of his estate before he hand over the estate to the new owner in 1984. However, my deduction or my EPF not credited to any account as I continued my service in his new estate at Mirigama. I believed that he will pay the money when I leave him in the future. Anyway I left him in 2008 and the deduction or EPF not paid up to date. Several reminders sent to him and the Lady Superintendent (my step daughter) of his estate Powyslad estate, Diyagama and there is no response.

Kindly let me know whether he could operate a personal temporary account for the deductions and how could I claim my benefits from him.

Please help me. I am 60 years old and my only son is a disabled. He is suffering from Scupulo Humeral myopathy for the last few years. He cannot work or walk. According to his Doctor he needs medicine and vitamin throughout his life.

S. Joseph,

Nuwara Eliya.

Answer: We received your letter of August 18 as well as your letter of September 12 along with a copy of letter sent by your on August 23 to the Commissioner General of Labour.

We were trying to contact the Labour Department which is one of the reasons for a delay in our response. Our advice would have been for you to write to or take up the matter with the Labour Office or Regional Commissioner of the area in which the estate is situated. If no response or no success, then to write to the Commissioner General of Labour in Colombo. Since you have already written to the Commissioner General of Labour with copies to the Commissioners of Hatton and Puttalam action should be taken. Of course the whole process will take some time. If you require any further help you may contact us having followed the progress of the action taken by yourself. Your employer has no right to keep EPF deductions/contributions in his personal account.

Unfair charge for telephone calls

Question: This incident occurred on September 3, 2009. A private communication agency on Union Place, charged me Rs. 88 for a 7 minute (according to them) conversation, from a land line to a mobile.

I think this is a very unfair charge and practised by all private agencies, because of lack of supervision and complaints by the public. I would like to obtain an explanation and also encourage the public to quote this type of incidents and for them to check charges before making the calls.

Shall appreciate your kind attention and follow up please.

Victimised customer

Answer: To our knowledge there are no rates fixed for private communication agencies to charge for a telephone call. Call rate to a mobile phone will anyhow be more than that to a land phone. The public has the option to take calls from a coin or card booth provided in most places. Also post offices and agency post offices do not charge more than the correct rate. The public has the option of not patronizing private communication agencies who are likely to charge more. As you have written to the Telephone Regulatory Commission (TRC) as per copy sent to us, it will be interesting to see their reply. We doubt your getting a favourable reply from them as this is unlikely to be under their jurisdiction. A private communication will anyhow charge for their provision of such service in addition to the actual call charge. They are not providing a social service.

Pension anomalies for doctors

Question: Reference your reply to the above in the Daily News of August 6, 2009, I would like to know whether you have received a reply from Dr. S. S. Jayatilaka of Nugegoda, to his appeal to the Pension Anomaly Appeal Board. I would be much pleased, if you could let me know the address of Dr. S. S. Jayatilaka, as I am also another pensioner who is affected.

Dr. B. Mallikaratchi, Nivithigala.

Answer: We understand that there is a common anomaly with the pension of all doctors and we too had written to the Director General of Pensions but regret to state that we did not receive any response. Thus we advice the doctors who write to us to take up the matter directly with the Pensions Anomaly Board, C/o The Director General of Pensions. It is very unlikely that Dr. Jayatilake of Nugegoda would have sorted his anomaly so soon. You can contact Dr. S. S. Jayatilake at No. 3/7, Church Street, Nugegoda.

W and OP pension

Question: I was born with very poor vision and served the Ministry of Education as a teacher for approximately 19 years until I went totally blind. Since I retired prematurely, I draw a very small pension which is not enough at all. I have to incur additional expenses than an average person due to my disability.

I am therefore a dependent of my mother who enjoys two pensions - her own and my father's W&OP. My question is whether I can get my father's W&OP after my mother's demise since he has contributed to it till he retired. I believe this pension covers offspring with disabilities. Please be kind enough to forward your reply to my friend who is sending this email on my behalf. She will convey the message to me. Thanks.

Susila Nandani Perera - email address

Answer: We checked with the Pensions Department and according to them you will not be entitled to your father's W&OP after your mother's demise. The W&OP covers offspring with disability but you will not qualify as you are already drawing a pension even though it is supposed to be a very small pension. Disability consideration it only for those who can never work or has never worked. It has to be disability from birth or childhood.

Letter of Appointment

Question: I am a student following an HR course in a Government Institute. we are aware that it is an obligation on the part of the employer to provide a "letter of Appointment to the Employees". However, what are the consequences the employer has, if a letter of appointment is not provided to the employee?.

And what are the disadvantages the employee has, for not having such a letter of appointment..

Mahes, Dematagoda

Answer: A letter of appointment is equivalent to a contract and it is a legal document binding an employer and the employee. It is the only document to prove employment and it usually spells out the nature of employment, date of commencement and the remuneration. Yes it is an obligation on the part of the employer to issue a letter of employment. Only an errant employer will not issue a letter of appointment and the employee is at risk regarding his continuation of employment, amount of remuneration, contribution to EPF, ETF, etc. After a while in employment if the employee has proof of continuous employment, could report to the labour office in the area of his work place and demand for a letter of employment. The employer is not only obliged but also legally bound to issue a letter of employment. If not the employee is the loser and at risk. As you are a student in HR this should be covered in your studies.

Relief from Municipal rates

and taxes during vacancy

Question: I own an apartment which was given out on rent but has fallen vacant since August 1, 2009. Owing to the present market conditions it is not easy to find a suitable tenant and the apartment may have to be vacant for a few months.

Please let me know whether I can claim any relief from the Municipal rates and taxes which I pay annually and if so to whom I should write and what relief I should claim. As the apartment is already vacant an early reply will be appreciated. Thanking you.

L. J. Fernando,

Colombo 7.

Answer: Yes we understand from the Colombo Municipal Council that there is a provision for remission to an untenanted residence or apartment. There is a possibility of a proportionate remission (refund of rates and taxes) you should apply to the Municipal Assessor with all relevant proof.

The premises has got to be not only untenanted (unoccupied) it has also got to be unfurnished. If it is furnished it can be occupied by anyone at any time thus this requirement. The CMC officers will visit the premises for confirmation. For any further details you can contact the Assessor CMC on Tel. 2695919.