Opa At Your Service

Questions and Answers

A/L exam new syllabus 2009

Question: Some of my friends and I are attached to a private institution, preparing for A/L examination August 2011. We are studying the 2009 new syllabus. There was a paper report that the Examination Department would not allow private candidates to sit for A/L new syllabus in 2011.

Then please let us know what alternative we have to follow. We, private candidates also need to know the starting date of SBA program in Government schools.

I should be much obliged if you give this matter your kind consideration.

M A Aysha - Warakapola

Answer: We were given to understand that new 2009 syllabus will no longer be new in 2011. Therefore as private students you can offer the 2009 syllabus at the A/L examination in August 2011.

There is a new syllabus for the A/L examination in 2011 which only students from schools can offer. Thus there is no need for the private students to follow any alternative. We are not sure as regards your question on SBA (School Based Assessment) because SBA commenced in 2001 and since then it goes on every year.

Withdrawal of Court cases by Attorney General

Question: Please enlighten me. I have read that very many cases in the Court of law were withdrawn by the AG citing some reasons especially when it comes to VIP or VVIP.

It is my opinion that once a case is filed in a Court, it is the presiding judge or magistrate to decide the reasons.

AG can’t be a magistrate and a prosecutor.

S. Thurairajah – Atchuwely Jaffna

Answer: Yes, the Attorney General or his representative sometimes withdrew or recommend the closing of cases giving valid reasons. Reasons could be of the nature of the witness going back on his statement (for whatever reason, could be VIP or VVIP pressure or influence on the witness as suggested by you) or contradicting evidence by different witnesses. However, the ultimate decision is in the hands of the Magistrate or the Judge.

The AG or his department can only request or recommend but it is the Judge or the Magistrate who gives a decision on the withdrawal in open Court. Sometimes it is how one perceives the process.

Life insurance premium collected by SLT on monthly telephone bills

Question: Reference to your answer to a query on the above mentioned topic (DN 18.3.2010) on the Ceylinco Insurance PLC issued a ‘Life Line certificate’ of insurance cover for the premia collected in the monthly telephone bills.

According to the terms of the policy, there are no maturity benefits or surrender value and the levy of the premium ceases on the members 70th birthday. But the benefits of Rs 100,000 will be payable to the legal spouse if the member is married or to the surviving parent(s) if unmarried upon the death of the member.

I have been a member of the scheme from December 2005 till my 70th birthday in 2008, when the levy of the premium ceased. I hope my wife would be able to receive the benefit on my death or in the event of my wife pre-deceasing me the benefit would be payable to my two daughters, who will be the legal heirs.

Please obtain confirmation of their position from the insurer for my satisfaction as well as for the edification of the other members of the scheme.

C Rudra - Wattala

Answer: Let us re-instate that SLT only acts as a medium or agent in collecting the premium and forwarding it to the insurance company. SLT is also authorized to make payments for claims on behalf of the insurance company.

We understand that in order to obtain this life policy, one has to be below the age of 59 years. Also this policy is valid only until you reach age of 70.

In fact for new entrants the age of validity of this policy has been reduced to 65 years instead of 70 years. This policy is valid only until you reach 70 and is void after that.

In other words if death occurs before the policy holder reaches the age of 70 years (new comers 65 years) only then the beneficiary or spouse will receive Rs 100,000. At the time you signed for the policy, the maximum age for joining was 69 years and now it has been brought down to 59 years. You had covered a three year risk of death from 2005 to 2008. One must be careful of all the conditions before taking an insurance policy.

Non-payment of compensation to a mentally disabled person

Question: I submitted a claim on behalf of my sister J A Ekanayake who is mentally disabled since birth, following her parents demise she had been left without any means for her basic needs.

This claim was handed over by me to the Pensions Branch at Maligawatte, Colombo 10 on September 22, 2008. Reference No. TWP-595. It is now 1 1/2 years and no action has been forthcoming to date.

Kindly help us to have this matter expedited.

R Keegal - Ratmalana

Answer: We contacted the W&OP Section of the Pensions Department in Maligawatte. They don’t seem to recognise this case or the application. Further you have not stated whether the application was forwarded through the Divisional Secretary and whether a medical report was provided.

We were not able to provide any answers to the questions raised by the W&OP Department.

They suggested that you call over at the W&OP office at Maligawatte along with all connected documents and meet the Administrative Officer there or meet the Director Pensions on a Monday or Wednesday being public days.

You have to take the details of this child’s mother or father who was drawing the Teacher Widow Pension (TWP 595). Thereafter if you still face a problem please write to us with the reference given by the W&OP Department.

Earnest Hamilton Trust

Question: Even though I had subsequently sent copies by Registered Post twice and once by fax, of my original letter to the Public Trustee dated May 23, ‘09, I received an undated response on October 23, 2009.

Rather surprised of the contents there-in, I immediately responded by Registered Post of my decision to call over at the Trustees Office on the November 4, 2009 which I did, taking with me this undated letter.

After having waited patiently for over one hour, on entering the Public Trustees Office and explaining the purpose of my visit I was then directed by him to his Deputy.

When I informed this lady that the contents of their letter ‘categorically, stating that funds had already been disbursed amongst the shareholders on four consecutive occasions’ is not true, she then made various excuses and finally assured me that she would get back to me in due course with details of any moneys deposited in the bank. It was at this time that there was a call from your Association.

Even though it is now over four months, I have not heard from this lady to this day.

I enclose herewith copies of the two documents for your kind perusal and shall greatly appreciate your valuable advice to resolve this problem.

Thanking you very much, I look forward to your kind response.

Rolston Maloney - Tangalle

Answer: We are in receipt of your letter of March 9 followed by two more received on April 1 and April 26. All these letters are addressed to the OPA with copy to the Public Trustee. We strongly recommend that you should be writing to the Public Trustee with copy to the OPA. Yet the Public Trustee’s Department has taken the trouble to reply every letter of yours. The Public Trustee’s Departments willingness to help you and your brothers is very evident.

As per the latest letter to you from the Department of Public Trustee dated 19/04/2010 they have stated that there is a balance of Rs. 229,572/73 to the credit of the Ernest Hamilton Trust and that it could be distributed amongst you and your two brothers at Rs. 73,463/27 each. The different of Rs.9182/92 could be their cost including publishing cost of the ‘Ordernisi’.

Now you have to forward to them the receipt (as per copy provided) signed on Rs. 25/- stamp and await the payment, We are not sure whether you are not satisfied of this final amount in the Trust.

PSPF, W&OP. EPF and ETF Claims

Question: Between 1982 and 2000 I had been succesivlly employed in three institutions. The relevant Employer Numbers against my Membership Numbers respectively in reverse chronological order were -

13273 A - 39

25269 A/CC - 94

19177 A - 172

NO B Cards or any other document pertaining to EPF/ETF were issued to me during my employment or my subsequent visits to these Institutions. Please let me know the procedure to obtain refunds of my EPF/EtF.

Prior to 1982 I was employed in a Government department where in 1971 a batch of eighty officers were recruited by public competitive examination conducted in 1970. Including my one-year training period I served the Department for ten years from 1971. While in the training I was paid a monthly allowance without deductions. From 1971 to 1981 PSPf contributions were deducted from my monthly salary. In 1977 many fellow-officers of my batch had their appointments restored to pensionable posts with W&OP while my employment continued as a PSPF - contributable post till 1981. Please let me know how can I obtain my pension or PSPF/W&OP refunds.

R H M S Ratnayake - Peradeniya

Answer: You appear to have worked in government service from 1971 to 1981. Thereafter from 1982 to 2000 you have worked in three private or semi government non pensionable institutions. You are entitled to claim your EPF and ETF for your employment from 1982 to 2000.

There should be a “B” card initiated at your first employer and thereafter transferred to the second and their employers. Else there must be three “B” cards one with each employer. You have to check with your employers, starting from the last for your “B” card. If there is no “B” card each and every employer has to certify your EPf/ETF withdrawal applications and you will have to submit affidavits as well.

A voluntarily organisation called “Centre for Skills and Social Development,” can assist you free of charge. You can contact them on Tel. 2320396 or 2778286. As regards your government service the PSPF was introduced in early seventies but in 1976 the option was given to either opt for the government pension scheme or continue with PSPF (Public Service Provident Fund).

Since you had not taken the pension option, it is unlikely that you would have contributed for W&OP. However, you can claim your PSPF for which you have to make inquirers from the government department where you worked.

Although we believe that you could not have contributed for W&OP (being connected to the pension option) you make inquiries regarding any refund from the Pension’s Department at Maligawatte with proof of your contributions.

Registration of deed issued by NHDA

Question: Is it mandatory to register at the Land Registry, the Deed of Transfer issued by the National Housing Development Authority. Any consequence implies for non registration at a later stage.

Mohamed Haniffa - Mattakkuliya

Answer: Yes, it is mandatory to register at the Land Registry, the Deed of Transfer issued by the National Housing Development Authority. Any deed issued by any one should be registered with the Land Registry for legal validity and your own safety.

If you do not register and some other party registers the same property with the Land Registry and in case of dispute, the party who has registered with the Land Registry will have a stronger claim. Our understanding is that the NHDA usually registers, the Deed of Transfer with the Land Registry. Therefore, you should first check whether it has been registered already and if not you must register it.

OPA congratulates President Rajapaksa

Organisation of Professional Associations (OPA) of Sri Lanka President Prof A D V de S Indraratna has sent a message of congratulations to President Mahinda Rajapaksa on the government’s unprecedented and historic victory at the recently concluded General Election. The OPA President’s letter to President Mahinda Rajapaksa states:

Your Excellency,

“Just as you were able to win the terrorist war which was considered unwinable, you also have obtained an almost two third majority at the recently held Parliamentary election, which was also considered unattainable under the present electoral system.

“The OPA sends you its heartiest congratulations for this unprecedented historic victory.

“I wish to reiterate that the OPA is ready to extend its fullest support and cooperation by providing your government with whatever assistance it can, in your forward march to make this country a very prosperous and peaceful New Sri Lanka. The OPA also sends its best wishes to you in this task,” the OPA message adds.