Ghost of 2011 haunts trillion rupee EPF* Proposed amendments could bring bank controversial pensions Scheme, says opposition but govt. removes the controversial clause
* Changes to EPF Act to finance 30-storeyed administration building
* No EPF Annual Report for 2010
* Opposition waiting to grill Central Bank on insider trading, market manipulationThis file picture taken last year shows an armed trooper standing guard as factory workers enter the Katunayaka Free Trade Zone after a controversial pensions bill brought in by the government caused unrest as workers agitated against it mid 2011. Police and protestors clashed and a gun shot wound killed a factory worker. Nearly six months since, the government has again caused unwanted anxiety with proposed amendments to the EPF.
Opposition law makers urged the government to defer proposed amendments to the Employees’ Provident Fund (EPF) Act in order to allow broader stakeholder consultation warning that the controversial Private Sector Pensions scheme, although shelved, was still in the order book of the Parliament, and that the proposed amendments to the EPF Act could give life to this scheme.
The EPF is valued at Rs. 1.01 trillion and recorded a 12.3 percent rate of return in 2011, according to Central Bank estimates.
Labour Secretary W. J. L. U. Wijayaweera speaking to The Island Financial Review yesterday evening (Jan. 05) said the amendment to the Act would be presented to Parliament on January 18, however, a controversial clause included in it giving the Commissioner General of Labour powers to set up a pensions and/or insurance scheme, has been removed, although they were to be voluntary schemes.
"The National Labour Advisory Council (representing government, employees and worker unions) was unanimous that this clause needed more attention, so a decision was taken to remove this clause from the amendments to be presented on January 18. It would be dealt with later," he said adding that the remaining clauses would remain.
The government last year brought in the Private Sector Pensions Scheme Act in secret, hoping to bulldoze its way in parliament, but stiff opposition from worker groups and certain employers and riots at a free trade zone which saw police open fire on protestors killing one, forced the government to shelve the Act. The reputation of the government took a hit and was heavily criticised for not consulting the people.
However, Opposition lawmaker Dr. Harsha De Silva says the proposed Act has not been taken off the order books, implying that there was a real chance for it to be presented again.
He pointed out that according to the amendments to the EPF Act, a pensions and insurance scheme could be established with the EPF funds if the Commissioner General if the need arose for the benefit of the people. This was an attempt to bring back the Act that the government was forced to shelve last year.
Dr. De Silva also questioned the authority of the Labour Ministry for presenting amendments to EPF Act because the proposed amendments (see below) dealt with managing the fund which was the purview of the Central Bank, which came under the Ministry of Finance and Planning.
"It is the Central Bank that decides how the fund is utilised, not the Ministry of Labour, so this is clearly an attempt to bring in the controversial pensions scheme through the back door once again. We are not opposed to a pension scheme for the private sector, but there has to be broader consultation and the National Labour Advisory Council has to give its approval. We urge the government to defer the amendments until this has happened. We can discuss other matters on January 18, and at least for the sake of the worker who lost his life opposing the controversial bill last year, postpone the presentation of amendments to EPF," Dr. De Silva said.
There are eight proposed amendments to the EPF and Dr. De Silva, also the economic spokesman for the deleted, said not all the proposals were bad. Apart from clause regarding the pension and insurance scheme, he lashed out at another clause which gave the Ministry of Labour powers to utilise the EPF to construct a 30-storeyed administrative building.
"The EPF is the hard earned money of the working people! So how can it be to their benefit if the government is going to use monies lying in the fund to construct an administrative building? This is an attempt to rob the people and they have not been consulted about this," Dr. De Silva lashed out.
Wijayaweera, however, told The Island Financial Review that the NLAC had not opposed this particular proposed amendment.
Dr. De Silva criticised the Central Bank for not publishing the Annual Report of the EPF for the year 2010.
"This should have been presented to parliament before March 31, 2010, but twelve months have gone by and still no annual report. I can understand if was the Cashew Corporation, but we are talking about the biggest fund in the country, one trillion rupees, this says a lot about good governance," Dr. De Silva said.
"Prepare the Annual Report, present it to parliament and answer all the questions we have on insider trading and market manipulation," he told the Central Bank.
The Central Bank has been defending its decision to invest EPF monies in banking stocks but analysts point out that there was a huge conflict of interest, because the bank was the regulator of the banking industry and is privy to information not known to the public.
The proposed amendments to the EPF Act....
An Act to amend the Employees’ Provident Fund Act No. 15 of 1958
Be it enacted by the Parliament -of the Democratic Socialist Republic of Sri Lanka as fellows,:
1. This Act may be cited as the Employees’ Provident Fund (Amendment) Act, No. of 2011.
2. Section 3 of the Employees’ Provident Fund Act, No 15 of 1958, (hereinafter ‘referred to as the "principal enactment") is hereby amended by the insertion immediately after subsection (1) of that section, of the following new subsection:-
"(1A) Where an employee becomes, a member of the Fund established under subsection (1), the Commissioner-General of Labour shall assign an identification number to such employee and employer in the prescribed manner."
3. Section 5 of the principal enactment is hereby amended in subsection (1) of that section as follows :—
(1) by the insertion immediately after paragraph (e) of that subsection, of. the following new paragraph "(ee) may invest according to such terms and conditions as may be prescribe such amount of moneys of the Fund winch may become necessary for them construction on any land, purchased for that purpose or belonging to or held by the Fund, of a Secretariat on behalf of the Employees’ Provident Fund, for the use of the Fund;" and
(2) in paragraph (ff) of that subsection, by the substitution for the words "account, for a period not exceeding six years prior to the date of such transfer, and" of the words "account and".
5 4: The following new section is hereby inserted immediately after section 23 of the principal enactment and shall have effect as section 23A of that enactment:—
23A. (1) Every member of the Fund who
(a) has made contributions to the Fund for a period of not less than ten years;
(b) is presently employed; and
(c) possesses not less than three hundred thousand rupees to his credit in his individual account,shall, for the purpose of
(i) housing; or
(ii) medical treatment,
be entitled to withdraw such amount as, does not exceed thirty per centum of the amount lying to his ,credit in his individual account,
(2) A member of the Fund who subject to the provisions of subsection (1) makes a withdrawal from the amount lying to his credit in his account, shall upon the completion of a
period of ten years from the date of such withdrawal, subject to the provisions of paragraphs (b) and (c) of subsection (1) be entitled to make a second withdrawal of such amount as does not exceed thirty per centum
from such account for any one of the above purposes.
(3) Every member s hal 1, during the period he is a contributor to the Fund be entitled to only two withdrawals from his individual account.
(4), For the purpose of this section –
"housing" includes,
(a) the construction, of a house on a land belonging to a member;
(b) the purchase of a. land for the construction of a house;
(c) the purchase of a house;
(d) the redemption of a mortgage on housing property; or
(e) the settlement of an outstanding balance of the housing loan received from the approved bank,
by such member; and
"medical treatment" includes –
(a) heart surgery;
(b) by-pass surgery;
(c) treatment for cancer. including surgery;
(d) kidney transplant or surgery;
(e) cesarean operation; or
(f) hospitalization for not less than fourteen. days on the account of an accident.
(5) A member of the Fund, his or her spouse and his or her children shall be entitled to the medical treatment referred to in this section.
(6) The Minister may appoint, by Order
published in the Gazette different dates for the bringing in to operation of the provisions of sub-paragraph (i) or (ii) of subsection (1).".
5. The following new section is hereby inserted immediately after section 24 of the principal enactment and
shall have effect as section 24A of that enactment:—
24A. (1) The Commissioner-General of Labour may establish an insurance scheme and a pension scheme as the case as may be for the benefit of the members of the Fund subject to
such terms and conditions as may be prescribed.
(2) Every member of the! Fund who wishes to join the insurance scheme or the pension scheme or the both schemes, shall be required to contribute the prescribed amount.".
6. Section 31A of the principal enactment is hereby amended, by the substitution for the words "at the rate of one per centum" of the words "at the rate of two per centum".
7. The following new section is hereby inserted immediately after section 31A of the principal enactmentand shall have effect as section 31B of that enactment:—
31B. It shall be the duty of every employer having in his employment a minimum of fifty employees to furnish a monthly return containing such particulars as may be prescribed, to the Commissioner-General of Labour with a copy to the Central Bank not later than the end of the succeeding month.".
(
Section 37 of the principal enactment is hereby amended, by the substitution for the words "fine not exceeding one thousand rupees", "term not exceeding six months" and "fine not exceeding fifty- rupees for each day"
of the words "fine not exceeding twenty thousand rupees", "term not exceeding twelve months" and "fine not exceeding two hundred rupees for each day" respectively.
9. Section 46 of the principal enactment is hereby amended in subsection (1) thereof by the insertion immediately after paragraph (a) of that subsection of the following new paragraph;
"(nn) in respect of the procedure to be followed in granting housing benefits and benefits relating to medical treatment;".
10. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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