Apex court’s decision on pension law brings hope to veterans

Apex court’s decision on pension law brings hope to veterans

Retired servicemen say the pension disparity has left many of them living below the poverty line.

There are different sets of laws governing pensions payable to members of the armed forces and those in the civil service, says Pertubuhan Suara Patriotik Rakyat Malaysia.
PETALING JAYA:
Armed forces retirees believe a recent Federal Court decision striking down amendments made 10 years ago to the law governing civil service pensions will boost their own call for improvements to the welfare of veterans.

This was despite different sets of laws governing pensions payable to members of the armed forces and those in the civil service, Pertubuhan Suara Patriotik Rakyat Malaysia (PSPRM) said.

“The Federal Court’s decision has nothing to do with us. The government only amended the Pension Adjustment Act 1980.

“When civil servants were given 2%, our regulations were not amended, but we were asked to follow the same 2% increment,” PSPRM president Mior Rosli Mior Jaafar told FMT.

Mior Rosli Mior Jaafar.

However, Mior Rosli said, the armed forces was not obliged to follow those instructions. He said a 2019 Court of Appeal ruling had made it clear that regulations formulated by the armed forces council took precedence over government directives for the military.

“Principally, the judgment given on June 27 can be used for a case we have filed in court to safeguard the pensions and welfare of fellow veterans,” he said.

That case will be heard in the High Court from Aug 28.

Retired Royal Malaysian Air Force officer Nawi Alias said the pension disparity had resulted in many veterans living below the poverty line.

“I know a retired captain who barely gets RM2,000 a month, and a general who retired before me draws a pension less than mine because of this disparity. It is not fair,” said the retired lieutenant-general.

Nawi, a former chairman of the veterans special committee, said resolving the pension disparity would boost the morale of some 78,500 veterans.

“The Federal Court decision was a blessing in disguise. What the civil service retirees have done is exactly what we want to achieve for our veterans,” he said.

Nawi called on the government to adhere to the Armed Forces Act 1972 and the Armed Forces Pensions, Gratuities and Other Benefits Regulations 1982.

Last month, the apex court nullified amendments passed by Parliament in 2013 that introduced a new scheme fixing pension increments for retirees at a fixed rate of 2% annually.

The court said the amendments had put the former civil servants in a “less favourable situation” compared with serving members.

Prime Minister Anwar Ibrahim has since promised that the government will look into the matter.

Former warrant officer M Visuvanathan said he, like many other veterans, felt the pinch of the meagre pension he received.

“My health is problematic and my pension puts me below the poverty line. Is the government waiting for me to die before giving me what is due? Justice delayed is justice denied,” he said.

Visuvanathan is glad that Anwar acknowledged the Federal Court’s decision, and hopes for a concrete solution from the government.

“Six prime ministers have come and gone in the past 10 years, and nothing has been done. The government is duty-bound to attend to us (veterans and pensioners),” he said.

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