Military Retirees Seek Federal Court Appeal On Pension Adjustments

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The group’s lawyer Haniff Khatri Abdulla confirms filing an application for leave to challenge the decision by the Court of Appeal.A group of retired members of the armed forces had posed two questions for the Federal Court to determine.PETALING JAYA: A group of retired members of the armed forces (ATM) has applied for leave to appeal to the Federal Court against a Court of Appeal’s decision which ruled that there was no discrimination or constitutional breach in the matter of pension adjustments
According to The Edge, the group’s lawyer Haniff Khatri Abdulla confirmed filing the application today.
The group posed two legal questions for the apex court to determine:
Whether the Guidelines for Implementing Amendments to ATM Service Conditions dated Jan 17, 2013, and the Implementation Letter on Improvements to the Minimum-Maximum Salary Schedule prevented future pension adjustments for ATM members who retired prior to Jan 1, 2013.If the first question is answered in the affirmative, whether the respondents have breached Article 5, and/or Article 8, and/or Article 147 of the Federal Constitution.On June 4, a three-member panel, chaired by Justice Hashim Hamzah, had allowed the appeal by the government, armed forces council, and two other parties and reversed the High Court decision that ruled there was discrimination against armed forces veterans concerning pension adjustments.
Also on the bench were Justices Wong Kian Kheong and Ismail Brahim.
In the summary judgment, Wong said the government’s actions were based on reasonable distinctions and did not violate Article 8(1) of the Federal Constitution, which guarantees equality before the law.
He said the distinction between retirees before Jan 1, 2013, and those after that date was legally valid, as it stemmed from the implementation of the two key government documents.
Wong also said the documents aimed to enhance and standardise the pay structure of serving members, not discriminate against retirees.
The government, prime minister, defence minister, and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustments for those who retired before Jan 1, 2013.
On Feb 5 last year, judicial commissioner Suzana Said ruled that ATM retirees who left service before Jan 1, 2013, were entitled to receive pension adjustments based on the rates and methods applied to those who retired after that date. - FMT

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