KUALA LUMPUR (Dec 2): Pensioners and army veterans have asked Prime Minister Datuk Seri Anwar Ibrahim to look into their plight, especially those who retired before 2013, as they are receiving less pension over the years, owing to the Pensions Adjustment (Amendment) Act 2013 (PAA 2013), which the courts have declared as being unconstitutional, but no action has been taken as yet by the government to set the matter right.

Lieutenant Commander (Rtd) Rafique Ali Ahmad Nordin, representing the pensioners, said ex-judges who had experienced the same fate under the Judges’ Remuneration Amendment Act 2014 had received their dues last month, and questioned why the present government is delaying settling this case for the rest of the pensioners.

“The former judges have seen their dues paid last month. However, what about the rest of us pensioners and army veterans? We still have to wait?

“The Court of Appeal and Federal Court have already ruled PAA 2013 to be unconstitutional. Hence, the present Madani Government should pay what is due to us. We hope the PM (who is also the finance minister) will look into this and allow us to meet him,” Rafique added.

He further questioned whether the present Anwar Government views other pensioners or veterans to be of lower status, compared to judges or others.

“All of us pensioners are affected by this issue, as it affects our pension and livelihood.

“Hence, we plead to the Government to be concerned over our plight, especially as the court has already ruled that the PAA runs contrary to Article 147,” Rafique added.

The High Court was supposed to have given its decision on Monday, on whether to order the government to pay the pensioners their dues, but on the day itself, that High Court judge Datuk Amarjeet Singh Serjit Singh had announced that he would deliver his decision on Jan 16 next year, instead of on Monday.

Some of the pensioners present at the court were seen to hold placards outside the court, showing a text message from Retirement Fund Inc (KWAP) informing a former judge of an arrears entering into the former judge’s bank account, and questioned when would they receive their dues.

Rafique was also referring to a report that appeared in The Edge on Sunday (Dec 1) that former judges who retired before the implementation of the Judges’ Remuneration Amendment Act 2014 (JRAA), which had been declared by the courts as being unconstitutional, had received their arrears last month (November) in their pensions payment. 

Meanwhile, judges who retired after July 1, 2015, when the JRAA was gazetted, also received revisions to their pensions, following revisions to their salary scale.

Several former Federal Court, Court of Appeal and High Court judges revealed that they received their arrears, or revision in payments to their November pension.

Article 147 of the Federal Constitution refers to the protection of pension rights, where it stipulates: The law applicable to any pension, gratuity or other like allowance (in this constitution referred to as an “award”) granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

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