CEO Morning Brief

Govt, Ex-judges, Dependants Given More Time to Settle Pension Suit

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Publish date: Wed, 20 Mar 2024, 05:48 PM
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TheEdge CEO Morning Brief

KUALA LUMPUR (March 19): The government and a group of retired senior judges have been granted another extension to reach a settlement in a lawsuit over the retirees' pensions and benefits.

When contacted by The Edge, senior federal counsel Shamsul Bolhassan confirmed that the court had now fixed April 25 for the parties to provide an update on the settlement talks, following a case management on Tuesday.

The deliberations have been going on for some time now, resulting in several extensions being granted by the court. More recently, in late January, the parties were given one month to reach a proposed settlement of the suit. Another two-week extension was granted earlier this month.

Some 28 judges and seven dependants of former judges have taken the government, prime minister, Cabinet and director general of the Public Service Department to court over adjustments to their pensions and benefits.

They claim that the government failed to implement an appropriate higher percentage adjustment of more than 2% annually to their pensions and other benefits in accordance with Section 15B(2) of the Judges Remuneration Act 1971. The increment, they added, should have been effective since July 1, 2015.

The plaintiffs are also claiming that the adjustment is a violation of Article 125(7), read together with Article 125(9) of the Federal Constitution. Article 125(7) stipulates that the remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.

Among others, they are seeking a declaration that the gazette for the higher percentage of adjustment of 2% annually to their pensions and other benefits had been altered to their disadvantage.

Besides the increase in pensions of more than 2% annually, they are also claiming payments due from July 1, 2015, to be paid in one lump sum, a pre-judgement interest of 5% per annum and costs.

Among the 28 judges are former Court of Appeal (COA) president Tan Sri Alauddin Md Sheriff, and former chief judges of Malaya Tan Sri Haidar Mohamed Nor and Tan Sri Siti Norma Yaakob.

Others include Datuk Pajan Singh Gill, Tan Sri Sulong Matjeraie, Datuk Azmel Maamor, Datuk Mahadev Shankar, Datuk Seri Mohd Hishamudin Md Yunus, Datuk Shaik Daud Ismail, Datuk Clement Allan Skinner, Datuk Abdul Malik Ishak, Datuk Mah Weng Kwai, Datuk VC George, Datuk Syed Ahmad Helmy Syed Ahmad, and Tan Sri Mohamad Ariff Md Yusof, who is a former COA judge and former Dewan Rakyat speaker.

The dependants include the wife of the late COA president Tan Sri Abdul Malek Ahmad, as well as dependants of former Federal Court judges Datuk Hashim Che Yusoff and Datuk Mohd Noor Ahmad, and former COA judges Datuk KC Vohrah and Datuk Vincent Ng Kim Khoay.

In April last year, former Federal Court judge Tan Sri Jeffrey Tan Kok Wha and Datin Ann Chan, the widow of former COA judge Datuk NH Chan, were included in the originating summons.

Source: TheEdge - 20 Mar 2024

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