Ex-High Court judge sues govt over pension payment

 

Ian Chin, who retired in 2008, has named the government and the public service department as defendants. (Facebook pic)

PETALING JAYA: A retired judge has filed a suit in the Kota Kinabalu High Court claiming a shortfall in pension payments by the government.

Among other things, Ian Chin wants a declaration that the amended Judges’ Remuneration Act 2014 is void and inconsistent with a provision in the Federal Constitution.

Chin, who had filed the originating summons in February, said the suit also covered other retired judges who had served in the High Courts of Sabah and Sarawak, as well as their dependants.

Chin, who retired in 2008, has named the government and the public service department as defendants.

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He wants a declaration that the defendants had violated Article 125 (7) of the Constitution when they failed to pay the monthly pension due to him in accordance with a certain formula.

Chin, 75, also wants a declaration that the Judges’ Remuneration Act is void and inconsistent with Article 125 (7).

The provision in the Federal Constitution states that the remuneration and other terms of office, including the pension rights of judges, shall not be altered to their disadvantage after appointment.

He also wants an order that the defendants compensate him RM301,768.60, being the shortfall in the pension paid to him between July 2016 and Feb 2022.

The defendants have said that the pension adjustment after 2015 is only a benefit and not a right.

They have also taken the position that the salary revision is only intended to apply to serving judges after July 1, 2015.

The matter is set for hearing before judge Leonard David Shim in the Kota Kinabalu High Court tomorrow.

Senior Federal Counsel Shamsul Bolhassan, Ahmad Hanir Hambaly, Liew Horng Bin and Kogilambigai Muthusamy are appearing for the defendants.

Chin, who served 201 months as judicial commissioner and High Court judge, said the pension paid to him before 2015 was altered by the defendants.

The issue arose when the government made a salary revision in 2015 for judges, providing a higher pension plus a 2% annual increment for those who retired after the amendment.

However, those who retired before 2015 continued to receive pensions based on their old salaries plus a 2% annual rise.

In January, 28 former judges and seven widows of former judges filed a similar action against the government in Kuala Lumpur.

These plaintiffs also want a declaration that the amendment is in breach of a constitutional provision that judges’ remuneration and other terms of office, including pension rights, should not be altered to their disadvantage after appointment.

The government has asked for more time from High Court judge Wan Ahmad Farid Wan Salleh to decide whether it should settle the matter out of court. - FMT