OPA at your service

Pension anomalies for doctor

Question: This has reference to your answer to my question on the above subject in the OPA At Your Service page of 06/08/2009.

As you had discussed my matter with the Director Pensions and as suggested by you I made an appeal to the pension anomaly Appeal Board on 12/08/2009 under registered post enclosing copies of my pension award letter and all relevant letters and circulars. It is now one year and I sent six reminders all under registered post during that period but I am yet to receive even an acknowledgement.

Since you had wanted me to let you know the final outcome I emailed the above facts pm 16/03/2010 in the hope that you would look into it again. As there was no response I am writing to you again. It will be greatly appreciated if you could help as I am being paid a much less amount than what I should be paid and am suffering in silence as the director pensions seems to have taken the stand silence is golden. This I should say is a classic example to show how true the statement made by the Minister of Health a few weeks ago that actions or is it inaction of public officials is one of the main causes of mental illness in Sri Lanka.

Thanking you for the trouble taken.

Dr S S Jayatilaka – Nugegoda

Answer: Although you have not indicated your pension file number we traced it as No 700176 from the August 2009 correspondence. Trust it is correct. We did not receive your e-mail of 16/03/2010.

When inquired from the Pensions Department they were unable to trace your letter of 12/08/2009 sent under registered post as stated by you. However, two copies of your reminders are in the file. You have not stated the registered post registration number either in order to check the receipt of it.

Suggest you take a copy of your original letter also with copies of all relevant letters and circulars and meet the Director-Pensions at the Maligawatte office. Mondays and Wednesdays are public days in the Pension Department as such you have to go there on a Monday or Wednesday. You may also take with you the receipt of your registered letter sent one 12/08/2009. The Pensions Department we understand will not acknowledge receipts of your letters or reminders but only the final outcome once evaluation is completed. That too only if you are fortunate enough for your letter to get into the file.

Land for 1980 July Strikers

Question: I was in government service and lost my job due to the 1980 July strike. According to recent media reports, I was given to understand that those who lost their jobs due to the 1980 July strike have been given a plot of land by the government. So far I have not received any intimation about this plot of land. How can I get this plot of land like other strikers.

Nihal Perera - Galle

Answer: We made inquiries from the relevant Government department regarding this matter. They are not aware of any such decision by the government and are fairly sure that no such decision was taken by the government. However, we also understand that one of the Ministers in his political speeches is supposed to have stated something to the effect of assisting the July 1980 strikers with a plot of land or some such thing which never went beyond the political speech. Are you aware of anyone who has been such been given such land?

Claiming EPF and ETF without ‘B’ Card

Question: I was employed in a leading Mercantile Firm for over five years in the mid 90s. I contributed to the EPF and ETF funds. The Company closed down several years ago and I have lost my “B” Card and other ETF documents. Can you please guide me as to what steps I should take to trace the account of this firm at the Office of the EPF etc and recover what is due to me.

An early reply will be deeply appreciated.

S P de Silva – Dehiwela

Answer: All remittances by the employers to EPF is sent to the Central Bank EPF Section as well as a return sent to the EPF office in the Labour Department if the Employer is in Colombo, if not to the Labour office in the relevant area. You may call over at the EPF section of the Labour Department or at the Labour Office if outside Colombo and trace the information from the “C” forms by providing your Employers’ name and address. Your name and NIC number should match with the form “C” to trace your EPF number. If identified you can request for a certified copy of the “B” card and proceed to apply for refund. If you have even a salary slip with the EPF/ETF deduction it may be useful. Similarly you can call over at the ETF office in Narahenpita and check on the details to trace your contribution. The Employee number and your EPF number will be the same for ETF as well.

Registration as a Company Secretary

Question: I wish to bring to your notice that I want to get myself registered as a company secretary. Please advise me on the following.

1. The qualifications required for such registration.

2. The method of application.

3. Since I am an Assistant Accountant by profession and Post graduate in Management with company law and practice in the level 4 Examination of the Institute of Administrative Accountants (UK) in 1987. Is there a possibility of applying for same?

4. Is there an age limit for applying this position?

I look forward to receiving your kind reply.

M. H. Douglas-e-mail

Answer: Yes, you can get yourself registered as a Company Secretary by the Institute of Chartered Corporate Secretaries of Sri Lanka, the professional body. You have to first qualify as a Company Secretary by sitting for their examination. Their course comprises of five levels namely the Foundation A and B, Intermediate and professional one and two levels. Since you are a Post Graduate you may be entitled to exemptions. You have to register yourself as a student and also apply for the exemptions. There is no age limit for registration and to qualify as a Company Secretary.

There are application forms available for both purposes. You may call over or write to the Institute at 546/6B, Galle Road, Colombo 3, Tel. 2301982.

Liability for Income Tax

Question: I am a doctor by profession who joined government service a year ago. In addition to my salary I am also paid overtime for extra hours of work by the government which is paid with my salary. However, I do not engage in private practice for extra money. Do I have to pay income tax for the above sources of income?

I also have some FDs and get an annual interest of about 350,000/- per year. I would appreciate very much if you could please explain.

1. Am I taxable?

2. If yes how do I proceed in the matter.

Thanking you immensely for this wonderful page of the OPA for your clear and highly accurate source of information.

Concerned Doctor – Kandy

Answer: To the best of our knowledge government servants are not taxable on their salary. Similarly, their overtime is also not taxed. We presume that you are a government servant as a doctor in government service. Since you state that you do not engage in private practice you don’t have any tax liability on that account too. Thus from what you have disclosed you are not liable for income tax.

On your FD interest up to Rs. 300,000 per annum you are not liable for WithHolding Tax (WHT) but since you are getting over Rs. 300,000 but below rupees one million there will be a WHT of 2 ½ percent. It also depends on where you have your FD, if this is in a government Bank or Financial Institution approved for the purpose your interest income will be free of WHT up to Rs. 500,000 per annum. However you have to make a declaration to the Bank regarding your taxable income or absence of it on the prescribed form to the bank for WHT purposes.

Qualifying for pension

Question: I wish to give the following information as I have been denied my pension for the services rendered as a graduate teacher (Registration No. 704127) in the Education Department as from 14th May 1964 to 2nd May 1985, ie after serving the Education Department continuously for 21 years as a Teacher. I joined the Education Department on 14th May 1964 as a graduate teacher and worked at 3 different schools.

I was selected for a position at the Open University, Nawala as an ‘Education Assistant’ as from May 2, 1985 and on my request I was released from the Education Department on a temporary basis for two years as from 2/5/1985 by Director of Establishment at the Ministry of Public Administration. (I have the original letter of temporary release) Subsequently on 7/5/1986 I was selected as an Assistant Lecturer at the Open University and accordingly I requested a permanent release from the Education Department. This request was approved by the Education Service Committee of the Public Service Commission at Isurupaya on 6th March 1987. (I have the original letter of permanent release). My personal file with all details of service was also forwarded to the Open University by the Education Service Committee.

I continued in my job at the Open University until November 7, 1997 when I decided to resign from my position as a Lecturer to join my husband who has migrated to New Zealand. When I resigned from the Open University I was 55 years of age (My DOB 15/9/1942).

At this stage I requested the Open University to forward my file with the Education Service details to the Director of Pensions. Accordingly my file was sent to the Director of Pension with all relevant details on 27/2/1998. (I have the original letter informing the file was sent to the Director of Pensions)

I was made to understand that as I resigned from the Open University before reaching the age of 65 (This is the retirement age for the University) was not qualified for my pension in the Education Department also. This is very unfair as I have been released to serve in the Open University and further when I resigned from the Open University I was over 55 years of age.

Since I intend to return to Sri Lanka I would be much thankful if you could please follow up and let me know as to how I should proceed in getting my rightful pension.

Only recently that a friend informed the very valuable service that you render to people in the Thursday features column in the Daily News and that is how I came to make a request for my case.

Retired Teacher-email, New Zealand

Answer: Government Departments have to go by the rules and accordingly they have stated that you don’t qualify for pension. Although you have served as a Teacher for over 20 years you would have been entitled for pension if you retired at the age of 50 years as a female. However, you were transferred to the Open University which too is a government pensionable post. In this capacity the retirement age is 65 years and since you had left at 55 years you do not qualify.

We spoke to the Director of Pensions and it was suggested that you get in touch with the Pensions Department directly as an appeal so that they can forward your case to the policy section. They will require details of on what basis you were released by the University. Alternately when you come to Sri Lanka, you can call over at the Pensions Department on a Monday or Wednesday being public days and meet the Director Pensions with all relevant documents.

Validity of purchase

Question: I am interested in buying two perches of land in Colombo. The owners title carries a plan by a qualified Surveyor saying it is 4.25 perches. When the owner called a new surveyor to make a plan for my 2 perches he surveyed entire land and says it is not 4.25 but 5.05 perches. If my two perches are taken according to the new Plan will I have a correct title, as the deed gives title to 4.25 perches? If not how should I proceed with the purchase.

CSM Perera -Colombo

Answer: From what you have stated, yes you will face problems with the deed. The land which was 4.25 perches to become 5.5 perches is not acceptable.

This would amount to a change of boundaries which has to be checked with the original survey.

The second Surveyor can investigate the change from the previous survey, whether it is due to encroachment. You should take up the matter with the Surveyor or a lawyer for clarification and advice. We presume that you are aware that in Colombo you should have a minimum of 6 perches in order to obtain approval to build. Special permission may be granted by the Authorities to build on 2 perches land depending on the circumstances.