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Questions and answers

Non payment of increase of W&OP pension

Question: I am a very old person receiving a W&OP pension. In 2009, I got to know that my pension should be much more. On making inquiries and after tiresome visits to the Pensions Department, it was found that pensions had been increased in 1996, and that it had not been added to my pension. Thereafter, I received the increased pension in 2009. Later got to know that there was another increase of pensions in 2006 which has not been added to my pension I do not understand why.

Not only myself many more old pensioners will not live long. Then what will happen to the unpaid pension arrears entitled to them? It is a crime by the Government to use it for other purposes.

There may be pensioners who have died without getting the increases, and there may be others who received very low pensions because they do not know that there have been increases. It was by chance that I got to know.

I shall be thankful if you will inquire from the Pensions Department or the Pradeshiya Sabha (who pay the pensions now) why the 2006 increase is not paid.

Wijeratne - email

Answer: We made inquiries from the Pensions Department regarding the increase to the pension. We were made to understand that pension increases were granted to those who went on pension as at December 31, 1996 or before that date, a revision or addition in 1996 and again on January 1, 2004 reference circular No. 6/2004 and again on January 1, 2006 reference Circular No. 2/2006. If there was a delay in your receiving these revisions you are entitled to arrears of pension difference.

We suggest that you write to, or preferably meet the Divisional Secretary from where you draw your pension or meet the Director Pensions at Maligawatte Pensions Secretariat on Monday and Wednesdays and take up your matter. Had you provided your W&OP number and full name, we may have been able to check up on your case.

Controversy over right of way

Question: The right of way to my residence is being used by me at a time, when another user of the same, filed action in the Galle Courts to get the footpath widened to 10 feet to his as well as mine, but the request by him to me to join to prosecute the case was rejected by me as he is not a reliable person to get together. During the course of the proceedings of the case for several times he wanted to contact one owner of the land and purchased an extent of land sufficient for a 10 foot wide road and withdrew from the case. Leaving aside the case and claimed whole thing as his. The footpath I had been using from time immemorial is amalgamated with the ten feet and claiming the whole thing to be his and depriving me of obtaining water by laying Water Board pipes to my residence along the acquired road.

Authorities of the Water Board want me to settle, this matter and inform them to proceed with their work. Hence would you please through the worthy columns of the OPA let me know as early as possible what should I do to get this done.

G. Gaminipala, Ahangama.

Answer: You have enjoyed your right of way to your residence and no one can deprive you of your right now. Although the footpath now as become a part of a 10 foot wide road this does not and cannot deprive you of your right of way. We wonder how you are accessing your residence and presume that you are still using your (footpath now part of a 10 foot road) and do not have any other right of way or access to your residence. If that is the case you can get the water line laid within the original footpath area. Since the other user has spent money and widened the road to 10 feet, he has the right to claim ownership only to the balance part except the footpath which may be a minimum of 1 foot and anything up to 2 feet or 3 feet. You may resolve this through the help of the Grama Niladhari failing you can complain to the police and take up the matter at the Conciliation Board as legal procedure.

Legal action against father-in-law

Question: My wife’s parents did not tell me that she had a mental disorder and has given residential treatment also before our marriage. Recently her mental state was abnormal and I had to admit her to the Angoda Mental Hospital. Then only I came to know that before our marriage also she had been given residential treatment in a mental hospital in a foreign country. This information hurt me a lot and now there is great pain of mind. Therefore, could it be possible to take legal action against my father-in-law for not telling the truth before our marriage and making us live an unpleasant and miserable life throughout.

Sunil, Rajagiriya.

Answer: Your case is one a very rare one and it is also humanitarian problem. It is best that you think over this, discuss it with your parents or elders or your good friend. After doing so if you still insist it is best that you discuss your matter with a lawyer.

We cannot advise you as we are not aware of the circumstances and the background. It also matters whether it was an incurable illness or whether it has unexpectedly illness which has recurred. Even a medical doctor input may be important for consideration.

Overpayment of pension

Question: I find that my pension as revised from 2006 is about Rs. 7,000 per month more than what others who held the same post and whose salary and service is the same as mine, receive.

Pensioners do not receive circular regarding revision of pensions.

Please let me know whether I am legally bound to inform the Pensions Department and if so what is the penalty if I do not do so and the Department discovers their error later?

Confused Pensioner, Wattala.

Answer: Your question is very interesting as all questions received are complaints of lower than expected pension. As much as there may be errors or incidents of lower pension, there must be cases of higher pension than due. You are the only honest person so far to bring to our notice that you may be receiving a pension that may be more than what is due to you.

If you had given your name or pension number we could have checked this for you. We suggest that you check the correctness of your pension amount with the Divisional Secretary’s (Pradeshiya Sabha) office from where you draw your pension or from the Pensions Department. If you don’t you will be living in fear. Should the Audit section of the Pensions Department during their routine checking spot this error, they will request you to pay back the entire over payment or deduct it form your future pension. In which case you may not get any pension until the entire overpayment is recovered. Any how why assume that it is an error, you might as well write to the Pensions Department under registered cover and keep a copy of your letter. Then the onus is with the Director pension if they do not reply. Alternatively, if they confirm that your pension is correct you will have peace of mind.

Non payment of pension to Sri Lankan resident abroad

Question: My aunt, Mrs. M. U. Williams, who migrated to Tanzania in 1962 has been drawing her W&OP Pension (No. W/50536) since the demise of her husband the late Dr. E. A. Williams. Subsequently, she migrated to Canada and she has been receiving her pension in the UK.

Since April 2008 her pension has been stopped without any reason. She has been corresponding with the Sri Lanka High Commission in London who advised her to write to the Pensions Director in Sri Lanka. Please note that the relevant documents have been forwarded to the Pensions Department under registered post over a month ago, but I have not received any acknowledgement to date. I am enclosing, herewith, a set of photocopies of the relevant documents forwarded to the Pensions Director for your information. I shall be grateful if you will kindly advise me with regard to the course of action with a view to expediting the release of her pension.

Ms A. Sirisena, Rajagiriya.

Answer: Sorry for the delay in replying your question as we were awaiting a response from the High Commissioner in UK to a letter sent by the Pensions Department in Colombo regarding Mrs. Williams case.

Now we are given to understand that all Sri Lankan Pensioners will be paid their pension only in the country in which they are living. Those living abroad have to receive their pension through the Sri Lanka High Commissioner of Embassy in those countries. If they wish to draw the pension in Sri Lanka it will be paid in to a special bank account opened with People’s Bank, Queens Branch at D. R. Wijewardene Mawatha, Colombo 1 and withdraw pensions fully whenever they come or return to Sri Lanka. Such bank accounts cannot be a joint account with anyone else. These measures have been taken considering the high rate of fraudulent practices in the past. You have to request Mrs. Williams to perfect a data entry form available on the website www.pensions.gov.lk under circular No. 16/2009.

Her pension has been stopped as now life certificate is issued in Canada and she lives in Canada whereas the pension was paid in UK.

Pension anomaly

Question: I shall be ever so grateful if you could grant me an interview to explain the situation that I am confronted, with as I am not given the pension due to me. I am a retired English teacher who taught English for 41 years and receiving a paltry pension of Rs. 12,000. I am an invalid and 81 years old. I have all the documents which I shall render when I come to meet you.

Hoping to receive an early reply at your convenience.

U. L. Wimalasuriya, Moratuwa.

Answer: We understand your problem and would like to assist you in the most practicable basis. There is a Pension Anomaly Appeal Committee to which you can write in and they will examine your case and provide a reply but this could take some time depending on the number of cases pending.

Alternatively for a quicker response you may meet the Pensions Director on a Monday or Wednesday being public days. You can telephone on No. 2432008 before you call over in order to make sure that the Director is available on that day. The Director Pension’s Office is Department of Pensions, New Secretariat Building, Maligawatta. If you are writing to the Pension Anomaly Appeal Committee you have to address your letter with all details and copies of documents to the Director General Pensions at the same address as above.

Your envelope should be marked on left hand top as Pension Anomaly Appeal Committee. Apart from the envelope the heading of your letter should clearly state in bold letters as ‘Pension Anomaly Appeal Committee’. There is no point in your coming to meet us.

Bank of Ceylon - National Pension Scheme - 1981

Question: Your kind attention is invited to the annexed copy of the Bank of Ceylon circular on the above subject.

This national pension scheme was a special gift offered by Bank of Ceylon to commemorate the ‘Fifty years of universal franchise’ which fell on 4th February 1981.

My father has opened four accounts in this national pension scheme for four of us. As per the circular bonus is payable every five years throughout one’s life and we received the bonus up to 20th year. When I wrote to BOC - Nivithigala branch asking the bonus payment after completion of 25 years I got a letter saying that I am not entitled to receive the bonus as I receive monthly pension, which is contrary to the circular dated March 10, 1981.

Therefore, I shall be much obliged if you could help us in solving this problem.

L. P. R. Mallikaratchi, Pannipitiya.

Answer: There was an earlier instance of this same case of non payment of bonus after 20 years and on our advise this person wrote to the ‘Financial Ombudsman’. When the Financial Ombudsman fixed up an inquiry between the complainant and the Bank of Ceylon, it was pointed out by the Bank that the complainant was not the beneficiary. The complainant was given the opportunity of coming on another day along with the beneficiary or along with a letter of consent for the contributor/complainant to represent the beneficiary his son. We suggest that you too write to the Financial Ombudsman at No. 143A, Vajira Road, Colombo 4 with a copy to OPA for follow up and to look after your interest at an inquiry. Please let us know if and when you are summoned for the inquiry consequent to your writing directly to the Financial Ombudsman. You may call us on telephone number 2580268 and leave a message.