Apex court to hear govt’s appeal to refuse ex-senators higher pensions

The former senators, led by Idris Buang, filed an originating summons for a declaration that they were entitled to a recomputation of the revised pension that came into effect from Jan 1, 2015. (Bernama pic)

PUTRAJAYA: The Federal Court will hear the government’s appeal to set aside a Court of Appeal ruling that 26 former senators are entitled to a recalculation of the revised pension that came into effect from Jan 1, 2015.

This follows the decision of a three-member bench chaired by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli today to allow a leave application based on six questions of law.

“We agree the questions posed are of public importance and warrant a substantive hearing,” said Rahman, who sat with Justices Abdul Karim Abdul Jalil and Hanipah Farikullah.

An applicant must satisfy the apex court that the proposed appeal contains novel legal or constitutional questions of public importance which are being raised for the first time.

On Jan 30, a three-member Court of Appeal bench said a law that the government had relied on was a subsidiary legislation and could not be applied retrospectively to take away the rights of the ex-senators.

The former senators, led by Idris Buang, had filed an originating summons for a declaration that they were entitled to a recomputation of the revised pension that came into effect from Jan 1, 2015.

They named the chief administrator of Parliament and the government as respondents in the suit filed on Aug 15, 2019.

They said that retrospectively limiting the rise in annual pension payments to 2% for senators who had served before 2015 was unconstitutional.

They also said the backdating exercise was not allowed under the Members of Parliament (Remuneration) Act 1980.

As a result of the amendment, senators and MPs who served before 2015 received a 2% pension hike based on their RM4,112.79 monthly salary.

However, their post-2015 counterparts enjoyed a similar pension hike based on the revised salary of RM11,000 which was implemented on Jan 1, 2015.

The ex-senators said they were constitutionally entitled to enjoy an increase in pension based on the revised RM11,000 monthly salary.

Senior federal counsel Rahazlan Affandi Abdul Rahim and Liew Horng Bin represented the government, while lawyers Krishna Dallumah, Indran Kumaraguru, Shankar Ram Asnani and Nasuha Badrul Din appeared for the respondents.