Page 64 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
the category of pension to a spouse , no facilities are available
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if the spouse of the deceased has an alternative employment
opportunity or s/he gets remarried or gets a pension under another
scheme. This provision is not clear in the case of both husband and
wife registered in SSF. Also, the SSSOP is missing the opt clause
in the context that if the salary is low in the alternative employment
as comparing to the amount of pension obtained from SSF. Besides
these, other clauses have enhanced the security of life for working-
class people.

Old Age Protection Scheme : The SSSOP affirms that the
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contributor should be at the age of sixty years and must have
contributed a minimum of one hundred and eighty months to be
eligible to receive the old age protection scheme. In addition, the
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contributor can either opt for the Pension scheme or get a lumpsum
amount (i.e. contribution amount plus interest plus returns on
investment done by SSF) for those contributors reaching sixty
years but have not completed the contribution for one hundred
and eighty months. The provision of Pensions to spouses is more
43
debatable. It mentions that if the contributor dies after funding
Pension for less than one hundred and eighty months, then his/her
spouse will get a fifty per cent pension amount till his/her death.
This is applicable only in the case if s/he does not have another
employment opportunity or is not receiving any pension under any
other scheme. The provision is unclear with the consequences if
both are registered under SSF. The contributions made by both on
SSF cannot be underestimated and thus, facilities should not be
availed. Also, SSSOP is silent in the case of not having a spouse
but having a child/children below eighteen years.

Moreover, under the retirement scheme, the contributor or the
40 Section 15(2) of the Social Security Scheme Operating Procedure, 2018 (2075)
41 Annex 5, Sections 19,20,21,22,23, and 24, of the Social Security Scheme Operating
Procedure, 2018 (2075)
42 Section 22 of the Social Security Scheme Operating Procedure, 2018 (2075)
43 Section 24 (c ) of the Social Security Scheme Operating Procedure, 2018 (2075)
law.faculty@kdu.ac.lk
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