Denial of Rights of SL Pensioners Abroad - New Payment Procedures
By Displaced Sri Lankan Pensioner
Also read related update to this article: More on ‘Denial of Rights of SL Pensioners Abroad’
Confusion surrounds the payment of monthly pension to pensioners living abroad with the Government of Sri Lanka imposing new procedures with no direct or indirect intimation given to the recipients of pensions. These changes that involve substantial departure from the pre-existing method of payments have been announced by Pension Circular 16 of September 2009 issued by the Director General of Pensions and published in the Sri Lanka’s Department of Pensions website (www.pensions.gov.lk).
Although many pensioners living abroad do not know that a new Circular has been issued, what is surprising is that its provisions are declared to be applicable immediately, that is October 2009. Not many have access to computers and also do not know how to use a computer
.
According to the Pension Circular, at present “there are nearly 25,000 Sri Lankan pensioners living abroad, mostly in Australia (including New Zealand), India, Canada, United Kingdom and United States of America. A considerable number of them are also living in Middle East and few other countries as well.”
In an apparent attempt to justify the changes, the Circular confesses that “payment of pension in the past has proceeded (sic) without appropriate information of them in the Department of Pensions and without proper method of payment or management.” What a self-confessed indictment of the functioning of a government department that has been in the public eye for several decades? Despite its failings, one must accept that the old system of pension payments had served the retired government servants as well as many widows and orphans honourably who had joined government service because of the guaranteed pension benefit after retirement and in case of early death some assured income for their direct dependants.
New Procedure
Under the new procedures, payment of Civil Pension or Widows’ & Orphans’ pension are to be made to pensioners resident abroad through Sri Lanka overseas Missions or through a special bank account in a local (Sri Lanka) bank. Further facility will be made to draw the pension via Divisional Secretariats subject to certain conditions.
The new procedures set out indicate a substantial increase in the paper work and possible delay in payments. Moreover, the additional cost to the government both in Colombo and in overseas Sri Lankan Embassies and High Commissions because of the extra work involved will be considerable.
Via Embassies and High Commissions
With regard to the pension payments to be made through Embassies/and High Commissions of Sri Lanka, the circular states that this facility will be available only in five countries, namely, “United States of America, United Kingdom, Canada, India and Australia. Payments to pensioners in New Zealand will be made through High Commission of Sri Lanka in Canberra, Australia”.
* Pension file for each country will be prepared and maintained by the Department of Pensions in Colombo. The payment file prepared will be sent to the specified Missions monthly.
* Embassy/High Commission will take action to pay pension accordingly and after verification of his/her existence. Payments will be made by cheques or by crediting to the relevant bank account of the pensioner. A life certificate must be submitted by the pensioner to the embassy every three months.
* The money needed by the overseas Missions for monthly pension payments will be sent through the Ministry of Foreign Affairs in Colombo. However, monthly payment details should be sent by the Missions to the Department of Pensions.
* Hereafter, all pension payments should be made only in compliance with the file prepared by the Department of Pensions in Colombo.
General instructions to SL Embassies/High Commissions/Missions
* Monthly pension file will be prepared by the Department of Pensions and dispatched to Missions from October 2009. Relevant data will be available in the official website www.pensions.gov.lk. This raises the question of the right to privacy of the pensioners. “The monthly pension file will be prepared in accordance with the information provided by pensioners via ‘Data Entry Forms’. Pension of pensioners who have not submitted the required information” will be temporarily nullified. These will be paid together with arrears from the approaching months on receipt of information”. Therefore, all pensioners resident abroad must, without fail, submit the necessary information via Data entry Forms to The Department of Elections, Colombo.
* The Missions must collect the Life Certificate of each pensioner at least once in three months to ascertain that the pensioner is living. Monthly pensions should be paid by the Missions only after verifying whether or not the pensioner is still living. Life Certificate may be prepared (as in Annexure 2) or as preferred by Heads of Missions in the specified countries. It should be certified by an officer in the Mission, Chief Incumbent or a Priest of other religions, officer in the (Sri Lankan) Army, Navy and Air Force who had migrated from Sri Lanka or any other government officer, Doctor, Engineer, Accountant or Notary Public/Justice of Peace. Ratification by the pensioner himself/herself is adequate “if the pensioner personally calls in the Mission to submit the life certificate”.
* After verification, pension payments will be made by the relevant Sri Lankan missions either by cheques or direct credit to the relevant bank accounts of pensioners as appropriate.
* In the case of widows’ & orphans’ pension, it is necessary to verify whether the pensioner has not remarried at the time when the pension is paid. The Embassies/High Commissions/Missions should get an affidavit from the widow/widower once in each year to ensure the pensioner is not remarried.
Payments through approved special bank account
i. The special account may be opened only at People’s Bank – Queen’s Branch’ Facilities are available for pensioners to open this bank account having arrived in Sri Lanka or while overseas.
ii. In order to open this account, pensioners are required to submit duly filled Data Entry Form, Mandate form, Affidavit, Letter of Consent, Documents submitted by pensioners resident abroad should have been ratified by Head of Embassy/High Commission/ Mission.
iii. The following conditions are applicable to this account:
Joint accounts or ATM cards may not be used. Money may be drawn by pensioners themselves having arrived in Sri Lanka. (Money in this account is not transferable, however this will be considered in due course).
iv. Pensions will be directly credited to this pensioner’s bank account and pensioners are required to submit life certificates to this department (Department of Pensions, Colombo) once in three months.
v. This Department will take action to instruct bank officials regarding recollection of money of expired pensioners or overpayments and making payments to heirs. (The writer’s comment: The readers should fathom the bureaucratic work involved).
Comments
The requirement that a bank account to be opened in a specified branch of a stipulated bank (People’s Bank, Queen’s Branch) and conditions imposed on the right of the pensioner to operate his/her bank account are unduly restrictive, plainly unreasonable and legally questionable. It seems to limit the right of the account holder who is resident abroad to withdraw his/her own money only when in Sri Lanka. It also seems to prohibit the right of the account holder to place a standing order via this account to meet a regular expenditure, or meet expenses in Sri Lanka by issuing cheques while being broad. It also makes it impossible for pensioners, resident abroad to use their pension money from this account to financially help their kith and kin on a regular basis, or make arrangements with the bank to meet their financial obligations within Sri Lanka.
At a time when the country needs to conserve foreign exchange, the rationale for the Government’s decision to pay pensioners living abroad their pensions in foreign currency is inexplicable.
If the proposed methods are to prevent the abuse of the pension rights by fraudsters, it is very doubtful whether there will be any financial benefit to the government. If the existing system has been properly administered with proper checking procedures, the overpayments would not have happened. The extent of this loss is not known. There are many areas where the waste of public funds is huge. These do not require elaborate administrative arrangements as in the case of pension payments to expatriates and the saving can be achieved just by policy changes, eradication of corruption and improved performances. Is the focus on the pensions of Sri Lankan retired officers and widows of government officers resident abroad would appear to be a diversion away from other important reforms needed to improve the efficiency of the public service, which now lacks proper controlling mechanisms as in the good old days when many of the present pensioners were serving the elected governments and the public honourably.
In order to give an idea of the additional demands on the pensioners in their twilight years, the aforementioned forms are given here in Adobe format.
Those who wish to fill in the forms are advised to logon to the website www.pensions.gov.lk
27 Comments
Dear Every body Who involved with new legislation.
I'm entitle to have my pension as a result of I being a government servant who sacrificed higher salaries and other benefits that I could have obtained from working for private sector for nearly 30 years. Although I live in overseas after the rtirement on my private reasons still I have not forgotten my poor parents. I use my pension to look after my parent (only father as the mother deceased) who has no pension. The new rule affects my parent seriously. Director pension and other law`makers have to rethink this situation.
This report further complicates the issue
Subject: Re Pensions in Daily mirror of 17th Oct 2009
Pensions of Lankans living overseas to be credited in Lankan banks
By Jayantha Samarakone
The Pensions Department has started a new system to credit about four billion rupees annually in pensions of about 25,000 Sri Lankans staying overseas in Sri Lankan banks.
Up to now their pensions are credited to their accounts abroad.
The Director General of Pensions K.A. Thilekeratne said that by activating the new system the country would be able to save around Rs. 1 billion.
According to the present practice, their pensions are credited to their accounts in the countries where they live.
By retaining such in local accounts, a large sum of money could be saved and there are 25 accounts like that already operative. Such savings cannot be drawn by anyone else other than the pensioner.
Such moneys would be available for pensioners to utilize on their return and already such pensioners have been made aware of the arrangement, he said.
http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=65018
It is not only abroad but locally too. Harassment of pensioners continues where they are required to personally present themselves at the District Secretariat every 6 months.Some of them are too old or sick to undergoe such journeys. Often pension payments are with held for months without notice. Maybe the cash strapped government wants to send these people to the grave as soon as possible.
The circular insists on the opening of a Savings Account only in the Queens St branch of the Peoples Bank for those pensioners who opt to receive their pensions in rupees in sri lanka,and precludes Joint Accounts and ATM cards,and transfer to another account,thereby preventing the pensioner from sending part or whole of his pension, to those of his family who remain in sri lanka to help improve their lifestyle.It also precludes transfer of the money to another account.
This is an infrigement of the fundamental right of a citizen/non-citizen to spend his money as he pleases, apart from the unnecessary requirement for a pensioner abroad of opening such an account, though he already has a bank account elsewhere in sri lanka.
If such restrictions are lawful,they should also apply to pensioners resident in sri lanka ! But such a measure will raise strong objections.
Hence this circular appears to be to harass those pensioners who are abroad, for some unknown reason.
Whether lankan embassies/high commissions abroad,saddled with this additional responsibilty will remit the pensions monthly without delay to local accounts in each country,remains to be seen - they will need to employ additional staff to attend to this.
But this circular also now permits pensioners abroad to draw their pensions abroad in foreign currency AND also to send cash to sri lanka to their dependents in rupees - sending funds to sri lanka is far easier than obtaining funds from sri lanka in dollars or whatever.
Restricting the operation of the bank account in Sri lanka by the pensions department is an infringement on their fundamental rights.
They should have the right to do whatever they like to do with their money. It looks like that the Government is trying to make it hard or even impossible for some pensioners to get the pension which is rightfully theirs.
Perhaps this is a ploy by the bankrupt government to "steal" money from poor pensioners. Generally Sri Lankan offices and Embassies are not known for efficient services. How can the govt. expect them to make this change over in a short period.
Majority of them have not even heard of the changes. Pensioners should have been informed individually. Most of them are old and infirm. Even going to the Embassies physically is a challenge for most of them.
Diaspora and retired Tamils have been experiencing several infringment of Rights for several decades. All the complaints were meted with absolute racism from the government sinhala dominated officers. What is the problem now? If we creat a monster, that will turn against the creators at a stage.
I have gatherd information form the IDP camps that the Sinhala Doctors are infriging the rights of Tamils by negleting and allowing the people to die at several instances. Any kind herted Sinhala Doctors who are working in the camps must bring the crime to the public.
This is another way Bankrupt Srilanka is trying to rob and intimidate old and frail mainly Tamil pensioners ( majority of the overseas pensioners are tamils who have fled from the Srilankan atrocities)
Right Direction!!!
Even though some difficulties are raised on the process paying pension salaries, government should regulate fraud taking place over the years.
Almost every pensioner who is living in abroad, have immediate family members with them. Those immediate family members have sponsored their retired parents to come and stay with them. They are financially secured. Still, some of them are entitled to receive social benefits (Medicare & Medicaid) from the governments where they are living.
As far as I know, SL government allowed early retirement those who have completed 15 years of service. Some of the pensioners, who are physically fit, have full time or part-time jobs and make extra money.
Every retired government servant has right to claim their pension salary. But they are lots of fraud taking place. One of my friend’s father who was an engineer, living in Canada with his children and grand children, still drawing pension salary and transfer to his former house keeper in Sri Lanka. There are lots of such cases. Pensioners those who have given power of attorney to collect pension salary to someone in Sri Lanka, even after death of pensioner, they will not inform to authority.
Thank you Displaced Pensioner for bringing out the disturbing information.
I am thoroughly confused. I am unable to get answers for so many questions.
Why a circular introducing basic and questionable changes was issued with so short a notice? Pension for the month of Oct.2009 was to be commenced on Oct. 07.
The Director issues circular only on Sept. 25, 2009 to stop temporarily the pension for Oct. and subsequent months till they comply with new requirements.
Why the Director General is insisting on separate life certificate? He is aware that foreign pension receipt form, which consists of three parts viz. ‘Receipt portion’, ‘Certificate portion’ and ‘Authority portion’, already embodies the life certificate in it under Certificate portion.
If he wants to exclude certain categories of persons such as a designated pensioner, a bank officer or a Chartered Accountant from certifying it, he can very well modify the existing foreign pension receipt form or if he desires to have a separate life certificate he can remove the certificate portion from the existing form.
Does the Director General honestly believe that his staffs are efficient enough to restore the temporarily the stopped pensions with minimum delays? Any one can see the struggling pensioners around the District Secretariats to get back their pensions which were refunded as unpaid by banks and Post Offices for various reasons.
After Sri Lanka has seen so many structural changes in financial institutions why do the pensioners abroad are directed to open up savings A/C (not current A/C) in a particular branch of the People’s Bank for their pension purpose?
Is the intention of the circular to make pensioners, who have obligation to help their kith and kin in Sri Lanka, receive their pension in foreign currency from the missions abroad and then remit back to SL incurring about 10% of the pension as commission?
I don’t understand all this.
Confused Pensioner
Most of the Pension frauds are committed or enginered by officers at Pensoins Dept and vrious pension units at D.S level Hence a regid control
is necessary at home and not haraz the foreign pensioneers Why not credit the salary of pension Dept staff to a blocked savings a/c at Peoples bank queens branch Colombo till such time their bonafide is established
I think this is general government policy. We are seeing this in various forms such as increased taxes. This seems to be to do with the conditions for the IMF loan. As the Government is having a hard time conforming to some of the conditions we are all suffering.
I am a retired military pensioner since my retirement I worked in the ME,& seven leading organizations in SL.During this
period I remitted foreign exchange to SL banks,even at present I remit in a small in order not to lose the habbit of saving.My 22 yrs. of pension plus all my $$$$ remitance,sit in SL banks,may be a couple of millions in SL rupees as CD.
May be Rs.5000/= check for X,Mas,birthdays will go to my bro.& family.Yet I have reasonable $$$$ with me waiting to be shipped to SL.But the present unhealthy petty regulations started by the SL Govt.is holding things back.I too filed an application for my Dual citizen nine months ago satisfying all conditions needed through the SL mission but nothing heard upto now.My 36 months of pension is currently in a state bank in Colombo by way of CDs & checking acct. in addition to other CDs in other banks but all in joint account.I am trying my best to convince my wealthy son living in a western country for 20Yrs.to go for a dual citizenship by way of remitting $25000 US makes him to have his doubts dealing with a poor SL administration.Director of pension is trying to nail 25000 pensioners living abroad.Dead peoples pensions are drawn in SL in a big way,more than the overseas pensioners.Let the foreign missions fix this mess with expat pensioners opinion (Sinhalese & Tamils).Fixing is hard if screwed up.
It is interesting to read the comments/protests concerning the new rules for overseas pensioners. Most interesting is that the comments/protests are from Sinhalese pensioners though some feel it is direceted against the Tamils. IT IS NOT; IT IS THE INCOMPETENCE OF A FEW CAS OFFICERS.
Racicsm has no part in the exercise.
1. We are pensioners of the Govt.of Sri Lanka which has an obligation to pay our pension where and when we choose.
2. The Director General of Pensions has for some time adopted a dictatator type attitude and made the payments of pensions to all pensioners ( In Sri Lanka & Overseas)
THIS DICTATOR ATTITUDE MUST STOP. THERE WAS IN PLACE A GOOD SYSTEM WHERE EVERY poensioner SUBMITTED AN ATTESTED 'PENSION RECEIPT'. What more does Mr. Tillakaratne want??
If their were errors , they emanated from the incompetence of his department.
Neither Mr T. or the Govt. of Sri lanka has the right to force us to open an account in a specified Bank. We have our Bank into which my pension was paid for over 30 years. Why?? should I now designate another bank to receive my pension; apart from the restrictions on the utilisation of my pension. It is my money by right( Which the Govt. of Sri Lanka committed) and I have every right to share, help and transfer the funds as I want. Mr.T has no authority to restrict the manner I use my pension monies.
We are old, many are handicapped. Dont persecute us Mr. T ; your turn will come
This circular from Pension Dept is a BIG joke. Yet another form of Human rights violation by GOSL. They want to harrass the pensioners and pinch their hard earned money.They want to prevent the pensioners living abroad from financialy helping their disabled children or spouse living in Sri Lanka. The Pensioners contributed monthly to the pension. Now the government wants to get a share. Morover there will be much delay in getting life certificates, The data form contains many pages and they expect all old age pensioners to complete it. This circular proves that GOSL is going bankrupt. Pensioner's should get together and file legal action against the GOSL.
I am an Australian citizen living in Australia while my wife is living in Sri Lanka.She has no other income except for my pension.Now if i adhere to the circular concern I will have draw the pension in Australia and send the money back to Sri Lanka.
That means I have bear conversion charges twice. Which means I lose at least 10% of my pension.This is nothing but criminal.What is the difference between the People's Bank in Teldeniya where my pension is credited and the Queens Branch in Colombo.
This is nothing but the inefficiency of the Government and to deprive the pensioner of his meager income. Director of Pensions, wake up and face the reality.
by an unprovoked pensioner
What a mess!!!
The Director General has issued four addendums in two days to his original circular of the 26th September.2009. Most are addressed and directed to Dis.Secretariats and High commissions/Embassies.
None are for the information of the pensioners who are supposed to comply with the rules in the addendums
What a disgrace the Director General of Pensions and his crony CAS officers are to the public service of Srilanka. They were unable to isuue a well thought out and realistic circular(the original dated 26th Sept,2009); it had to have numerous addendums.The circulars are meant for internationalcirculation/information and written in such poor english, that I for one an ex pensioner of the Public Service of the Govt of Sri Lanka will bend my head,hide my face and cry in shame. Is this our country which wants to become modern
The Director General and his cronies should be sacked and new blood brought to the Pensions Department. Enough is Enough of this incompetent, arrogant and corrupt adminstration of the Pensions Department
It is a disgrace for these people to ask for pensions from Sri-Lanka.The Pensions payed abroad are adequate to live a comfortable life.They should form a trust fund with their Sri Lankan pensions and help their kith and kin.What a disgrace we profess to great Religions and their teachings but in reality set of great hypocrites.When the White man turns nasty where will you run to.
Ganeshan, What rubbish you are talking about.
I am a retired Army officer settled in Australia whose pension has been credited to my Bank account in Kandy by the Kandy Secretariat for the last decade or so.
I opted to receive my pension in Sri Lanka instead of Australia, because I use that money not only to help my sister and her children in SL, but also to contribute towards the project run by the SL Artillery, to help children of deceased soldiers.
In my decision, I was also influenced by the thought that I would be saving the country valuable foreign exchange.
In light of the new provisions of this circular, I have now opted to receive the payment via the High Commision in Canberra, Australia, as I have no faith in the People's Bank, and any further restrictions on the access to my money which may be imposed in the future, such as a limit on bulk withdrawals while in SL or the provision of hotel accomodation receipts etc before money is released by the Bank.
Nothing is beyond the realms of the imagination when it entails dealings with the Bureaucracy in SL!
Hi Sir/Madam,
This is our own pension. This is a hard earn money. Why are you giving us so much difficulties. We are old. Why don't you put yourself in our shoes? Now think about it.
ATTENTION: To whome it concern,
WE ARE PENSIONERS. THIS IS OUR HARD EARN MONEY. WE WORKED THERE, & YOU DEDUCTED OUR MONEY. NOW WE ARE TAKING "OUR MONEY".
WHY ARE YOU INTERFIERING IN OUR OLD AGE LIVE.
YOU HAVE TO PUT YOURSELF IN OUR SHOWS.
IF ITS YOUR PENSION, WILL YOU DO IT.
PLEASE PUT IT BACK THE NORMAL WAY THAT HOW WE ALL USED TO GET THE PENSION.
PLEASE CONSIDER THIS ISSUE.
THANK YOU.
The procedures adopted earlier were quite good. Life certificates were sent annually through the High Commissions in the resident countries and monthly life- certificates were sent to the banks duly certified. Why confuse and inconvenience the old people by asking them to conform to inhuman and confusing procedures?. Sanity should prevail.
The SL. Pension that I draw was transfered from my bank ac. to my wife's sister's account. She lives in SL and is a widow with out any other source of income. I think it is prudent to request SL Gov. to at least transfer OUR PENSION MONEY to whomever we wish from our bank account.
I am now in my 80s and suffer from a combition of several chronic diseases and disablities. I am presently living in outer London from where I find it impossible to travel to the High Com. Office in thr City to get my life certificate attested. I shall threfore be grateful if you could allow us to operate our pensions in the same manner as was done earlier.
I live in the UK and was not aware of the circular until December 2009. I learnt about it through the courtesy of a friend. The required forms were completed and forwarded to the relevant authority. I confirmed that my application was received when I visited Sri Lanka in February.
Now we are in April and no payments have been received for 3 months. On checking with the local High Commission it appears that that there is no prospect of an early solution the the problem.
May I suggest that until payments are made through the respective High commissions, all due payments are sent to the individuals bank accounts as before. This will alleviate a lot of difficulties.
I made a suggestion on April 4 2010 that pensions be paid to the individual Sri Lanka bank accounts as previously until arrangements have been made to pay the pension through the High Commission. Today is August 13 2010 and I am still awaiting the pension. The high commission officials are powerless until they receive individual documents from Colombo. This delay in the relevant offices in Colombo has to be looked into seriously by some responsible official.
My pension ought to be credited to Peoples Bank - Queen's Branch. but no intimation from the Bank about details of account. It has become necessary for me to visit Sri Lanka undergoing heavy expense on travel to draw my pension.
As such I would like the Bank concerned to send me a cheque for the amount outstanding to my credit with details of account.
Submitted for the Government to consider my plight.
S.Jeyanathirajah, LGS Pensioner.
Every Govt Servernt right to get pension. This is our conveniens where to draw our pension. Pension dept no right force us.