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Ex-judge wins claim over pension payments | Free Malaysia Today – Free Malaysia Today

KOTA KINABALU: The High Court here has allowed a retired judge’s suit who claimed a shortfall in pension payments by the government.
This ruling will also have an impact on serving judges.
Justice Leonard David Shim also allowed Ian Chin’s declaration that the amended Judges’ Remuneration Act 2014 is void and inconsistent with Article 125 (7) of the Federal Constitution.
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.
Shim, who delivered his ruling yesterday, also allowed Chin’s declaration that the government had violated Article 125 (7) of the Federal Constitution when they failed to pay the monthly pension due to him in accordance with a certain formula.
He also ordered that Chin be compensated RM301,768.60, being the shortfall in the pension paid to him between July 2016 and February 2022. This amount is inclusive of 5% interest.
The court also revoked a 2% annual increment paid to all retired judges, irrespective if they retired before or after 2015.
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.
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 dependents.
Chin, who retired in 2008, had named the government and the public services department as defendants.
Senior federal counsel Shamsul Bolhassan, Liew Horng Bin and Kogilambigai Muthusamy appeared for the defendants.
Shamsul confirmed the ruling when contacted by FMT.
Chin represented himself and was assisted by his son Arthur.
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.
Last January, 28 former judges and seven widows of former judges filed a similar action against the government in Kuala Lumpur.
These plaintiffs also sought similar declarations as sought by Chin.
The government then asked for more time for High Court judge Wan Ahmad Farid Wan Salleh to decide whether it should settle the matter out of court.
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