OPA at your Service

Questions and Answers

Conformity for withdrawal of EPF

Question: After three decades of service in one single organization, I retired recently. I now wish to recover my EPF and therefore have completed the filling of forms. I have faced two issues in submitting the application forms and seek your kind advice for resolving them.

(1) My B card is misplaced. I have obtained a letter from my employer certifying that I have been in his service continuously during the period of the EPF remittance. (2) My identity card number slightly differs in my Central Bank records. While the actual number is 430591592 the records indicate 480591592. Probably in the B card application, our clerk would have filled it as February 28, 1948 instead of February 28 1943. My employer has given a certification that both numbers represent me and me only. I have also prepared a sworn affidavit countersigned by a lawyer indicating the same. Will these documents suffice to get over this situation? Or, what should I do? My member number A23708-12.

A worried employee

Answer: You seem to have two problems regarding the withdrawal of your EPF. One is that you have lost or misplaced your “B” card, the other is the mix up with regard your NIC number. Copy of any “B” card is retained by both the Labour Department and the Central Bank EPF section.

Whilst it may not be possible to get the assistance of the Ce ntral Bank , the Labour Department will assist you. Suggest you prepare an affidavit giving details of your employer and yourself with reference to your EPF number and your correct NIC number.

In this affidavit you have to state that you have lost your “B” card and also regarding your correct and incorrect NIC numbers. With this affidavit and your employer’s letter already in your possession, you have to meet the Labour Commissioner under whom your employees is registered or the area in which your place of employment is situated. The Labour Commissioner will issue a certificate as regarding your “B” card and also if he is satisfied, about your NIC number also.

You can produce this certificate to apply for the refund your EPF. Don’t forget to retain copies of this certificate and your employer’s letter.

Payment of W & OP to disabled child

Question: I have a psychiatric patient at home. On my request, the Director of Health Gampaha Division has recommended to the Director General of Pensions to pay the W & OP pension to the sick child, vide annexed letter dated 20.5.2011 marked (1). Similar cases are being paid.

My wife who was a pensioner made a declaration to join the W & OP scheme on Form General 86A along with other, relevant documents in 2007 when notification was published for female officers to join the scheme.

However, only the form was accepted and the other documents were rejected by the officer as there was a small damage in the Marriage Certificate, my request to accept until I get a fresh copy from Kandy was not accepted before the lapse of the closing date. Copy of letter marked (2) is annexed.

In the meantime a fresh form Gen 86A along with relevant documents were sent direct to the Secretary and Accountant W & OP to take action within the stipulated period. Copy of letter marked (3) is annexed. Again there was no response.

There is enough proof that she had opted for W & OP. Hence Can the Director General pensions can consider either the application of Health Authority dated 20.05.2011 or her option given in 2007 and make pension payments.

Concerned citizen

Answer: We contacted the Director in charge of W & OP at the Pensions Department and as per her request we faxed copies of all relevant correspondence that you have forwarded. After going through the papers the position taken by the Director W & OP is that the letter from the Director of Health Services, Gampaha is dated 2011.05.20 and that it is long past the last date of 2007 for acceptance of such application.

They say that the letters sent by your wife directly to the W & OP Department is not acceptable as any such application to enroll for W & OP should have been forwarded through the Health Department.

Their advice is for you to request the Director of Health Services, Gampaha to confirm in writing that your wife has made an application to the Health Department of her intention or consented to join the W & OP prior to the last date of 2007.

If such a letter can be provided by the Health Department that she has applied prior to 2007 then the Pensions Department, may be able to help you. If accepted by the Pension Department your child will be entitled to the W & OP pension.

However a certain amount will be deducted monthly since your wife had not made any contribution to the W & OP fund. Please do contact us if you require any further assistance after you obtain the letter from the Health Department addressed to the Pensions Department.

Language proficiency increment

Question: My request to you is to assist me get my due salary increments for Language Proficiency (English).

I am a retired teacher and I applied for salary increments before I retired 2009. I posted my application by registered post to the Zonal Education Office in Ambalangoda in 2006.

I have a Distinction Pass in English and a credit pass in English Literature. I inquired from the AO there on several occasions about my request. He told me that he sent it to the Colombo office for approval of the officer concerned. But so far I haven’t get any reply to my request.

Please help me to get a satisfactory answer through your esteemed column in the “Daily News”.

S Galappaththi

Answer: Regarding your matter we spoke to the Teacher Education Section of the Ministry of Education in Colombo and according to them, matters of proficiency increments are dealt with immediately as it is a simple procedure.

There are no arrears or pending applications and as such they requested to check up with the Zonal Director of Education in Ambalangoda.

We also contacted the Zonal Education officer in Ambalangoda and spoke with the Deputy Director Mrs Alwis. As you have not provided and we do not have the name of the school that you were attached to, we could not provide her with the details requested.

As such the Ambalangoda Zonal Education Office Deputy Director requested you to come and meet her. If a copy of their previous recommendation is available you can personally take it to the Teacher Education Section of the Ministry on a Wednesday being public day. If not the Zonal office will have to write to the Ministry again.

Non issue of service certificate

Question: I am an ex-employee of a company. They are not issuing me a service certificate for the service rendered by me to them for several years. Can the employer abstain from doing so? They say only if the employees are good with the management only that they issue the service certificates.

Is there any ground that employer can refuse to issue a service certificate to an ex-employee?

It will be highly appreciated if you could forward your answer in writing to the above address at your earliest.

Your early attention in this regard will be highly appreciated.

Worried employee-Katugastota

Answer: As far as we understand there is not compulsion for an employer to issue any service certificate to an employee. It depends on the goodwill of the employer.

We also checked up with the Labour Department and they too cannot request or compel an employer to issue any certificate of service to an employee.

You have to somehow persuade your employer to issue you with the certificate, if not use your letter of employment and the letter of acknowledgment by the employer for your letter of resignation if any as proof of your service which of course will not be a proof of your quality of service.

Sorry we do not correspond with readers or the public except to publish our response through the Daily News - “OPA at Your Service” page on Thursdays.

That too not every Thursday if we do not have sufficient questions for publication.

However we can withhold your name or identity from publishing.

Public seminar

A seminar on “Citizens Right to Information” organized by the OPA will be held on Wednesday, August 24, 2011 at 6.00 pm at the OPA auditorium. The Resource Personnel are: Dr Jayampathi Wickramaratne PC, Dr Mario Gomez - Colombo University, Manik de Silva - Editors Guild of Sri Lanka, Imaran Furkan, Sri Lanka Press Institute, Prof Savithri Gunasekera - University of Colombo. For registration please contact 2580268/5844901.