Military retirees seek Federal Court appeal on pension adjustments
PETALING JAYA : A group of retired members of the armed forces (ATM) has applied for leave to appeal to the Federal Court against a Court of Appeal's decision which ruled that there was no discrimination or constitutional breach in the matter of pension adjustments.
According to The Edge, the group's lawyer Haniff Khatri Abdulla confirmed filing the application today.
The group posed two legal questions for the apex court to determine:
Whether the Guidelines for Implementing Amendments to ATM Service Conditions dated Jan 17, 2013, and the Implementation Letter on Improvements to the Minimum-Maximum Salary Schedule prevented future pension adjustments for ATM members who retired prior to Jan 1, 2013.
If the first question is answered in the affirmative, whether the respondents have breached Article 5, and/or Article 8, and/or Article 147 of the Federal Constitution.
On June 4, a three-member panel, chaired by Justice Hashim Hamzah, had allowed the appeal by the government, armed forces council, and two other parties and reversed the High Court decision that ruled there was discrimination against armed forces veterans concerning pension adjustments.
Also on the bench were Justices Wong Kian Kheong and Ismail Brahim.
In the summary judgment, Wong said the government's actions were based on reasonable distinctions and did not violate Article 8(1) of the Federal Constitution, which guarantees equality before the law.
He said the distinction between retirees before Jan 1, 2013, and those after that date was legally valid, as it stemmed from the implementation of the two key government documents.
Wong also said the documents aimed to enhance and standardise the pay structure of serving members, not discriminate against retirees.
The government, prime minister, defence minister, and armed forces council had appealed a High Court decision in favour of 50 ATM retirees who sued over the pension adjustments for those who retired before Jan 1, 2013.
On Feb 5 last year, judicial commissioner Suzana Said ruled that ATM retirees who left service before Jan 1, 2013, were entitled to receive pension adjustments based on the rates and methods applied to those who retired after that date.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
an hour ago
- Free Malaysia Today
US to restrict AI chip shipments to Malaysia, Thailand
The US has effectively banned sales of Nvidia's advanced AI processors to China. (EPA Images pic) WASHINGTON : President Donald Trump's administration plans to restrict shipments of AI chips from the likes of Nvidia Corp to Malaysia and Thailand, part of an effort to crack down on suspected semiconductor smuggling into China. A draft rule from the commerce department seeks to prevent China – to which the US has effectively banned sales of Nvidia's advanced AI processors – from obtaining those components through intermediaries in the two Southeast Asian nations, according to people familiar with the matter. The rule is not yet finalised and could still change, said the people, who requested anonymity to discuss private conversations. Officials plan to pair the Malaysia and Thailand controls with a formal rescission of global curbs from the so-called AI diffusion rule, the people said. That framework from the end of president Joe Biden's term drew objections from US allies and tech companies, including Nvidia. Washington would maintain semiconductor restrictions targeting China – imposed in 2022 and ramped up several times since – as well as more than 40 other countries covered by a 2023 measure, which Biden officials designed to address smuggling concerns and increase visibility into key markets. All told, the regulation would mark the first formal step in Trump's promised overhaul of his predecessor's AI diffusion approach – after the commerce department said in May that it would supplant that Biden rule with its own 'bold, inclusive strategy'. But the draft measure is far from a comprehensive replacement, the people said. It doesn't answer, for example, questions about security conditions for the use of US chips in overseas data centres – a debate with particularly high stakes for the Middle East. It's unclear whether Trump officials may ultimately regulate AI chip shipments to a wider swath of countries, beyond the Malaysia and Thailand additions. The commerce department didn't respond to a request for comment. The agency has offered few specifics about its regulatory vision beyond what secretary Howard Lutnick told lawmakers last month: The US will 'allow our allies to buy AI chips, provided they're run by an approved American data centre operator, and the cloud that touches that data centre is an approved American operator', he said during congressional testimony. Nvidia, the dominant maker of AI chips, declined to comment, while spokesmen for the Thai and Malaysian governments didn't respond. Nvidia chief executive officer Jensen Huang had previously said there's 'no evidence' of AI chip diversion, in general remarks that didn't touch on any particular country. In response to earlier Bloomberg queries about curbs focused on smuggling risks, Thailand said it's awaiting details, while Malaysia's ministry of investment, trade and industry said clear and consistent policies are essential for the tech sector. Washington officials for years have debated which countries should be able to import American AI chips – and under what conditions. On one hand, the world wants Nvidia hardware, and US policymakers want the world to build AI systems using American technology – before China can offer a compelling alternative. On the other, once those semiconductors leave American and allied shores, US officials worry the chips could somehow make their way to China, or that Chinese AI companies could benefit from remote access to data centres outside the Asian country. Southeast Asia is a key focus. Companies including Oracle Corp are investing aggressively in data centres in Malaysia, and trade data shows that chip shipments there have surged in recent months. Under pressure from Washington, Malaysian officials have pledged to closely scrutinise those imports, but the commerce department's draft rule indicates the US still has concerns. Semiconductor sales to Malaysia also are a focal point of a court case in neighbouring Singapore, where prosecutors have charged three men with defrauding customers about the ultimate destination of AI servers – originally shipped from the island nation to Malaysia – that may have contained advanced Nvidia chips. Nvidia is not the subject of Singapore's investigation and has not been accused of any wrongdoing. The export curbs on Malaysia and Thailand would include several measures to ease pressure on companies with significant business operations there, people familiar with the matter said. One provision would allow firms headquartered in the US and a few dozen friendly nations to continue shipping AI chips to both countries, without seeking a license, for a few months after the rule is published, people familiar with the matter said. The licence requirements also would still include certain exemptions to prevent supply chain disruptions, the people said. Many semiconductor companies rely on Southeast Asian facilities for crucial manufacturing steps like packaging, the process of encasing chips for use in devices.
Free Malaysia Today
4 hours ago
- Free Malaysia Today
Govt open to improving MyKad application process, says minister
Home minister Saifuddin Nasution Ismail said JPN already has a service charter aimed at ensuring applications are processed in a timely manner. (Bernama pic) PETALING JAYA : The home ministry is open to improving the national registration department's (JPN) MyKad application process after the Enforcement Agency Integrity Commission (EAIC) highlighted delays in processing applications. Home minister Saifuddin Nasution Ismail said today he respected the EAIC's findings, and that JPN already has a service charter aimed at ensuring applications are processed in a timely manner. 'When the public who need (JPN's) services are affected by delays, it becomes the ministry's responsibility to make improvements,' Bernama quoted him as saying. He made it clear, however, that due diligence cannot be compromised, pointing to examples where forged paperwork was used in MyKad applications. On Wednesday, the EAIC recommended disciplinary action against several JPN officers in Sabah over a delay in processing a MyKad application, stating that their sluggish response reflected a failure to carry out their duties and poor case management. The commission also recommended that JPN update its procedures to include clear timeframes for conducting investigations and improve its SOPs to ensure that officers are given sufficient time to effectively carry out their duties. Set up in 2011, the EAIC is a federal statutory body tasked with investigating and conducting hearings into complaints against some 20 enforcement agencies.
Free Malaysia Today
4 hours ago
- Free Malaysia Today
STAR not planning to quit GRS, says Kitingan
Jeffrey Kitingan reaffirmed STAR's commitment to GRS, of which it is a founding member. (Bernama pic) PETALING JAYA : Parti Solidariti Tanah Airku (STAR) is not planning to leave the Gabungan Rakyat Sabah coalition, says its president, Jeffrey Kitingan. Kitingan said the viral TikTok video clip of him suggesting otherwise had been misinterpreted and taken out of context, The Daily Express reported. 'The clip was part of a conversation during our party's anniversary event, where I was asked what STAR would do if GRS were forced to work with Barisan Nasional and Pakatan Harapan. 'In that context, I said, 'Yes, we will leave GRS, but remain in government'. But the video only captured that line without the background,' he said. Kitingan, who is also a Sabah deputy chief minister, reaffirmed STAR's commitment to GRS, of which it is a founding member. Yesterday, GRS information chief Joniston Bangkuai also rubbished rumours that STAR is planning to quit the ruling state coalition. He said the leaders of all eight GRS components, including Kitingan, had met coalition chairman Hajiji Noor on Monday, where they affirmed their commitment to GRS. 'They were unanimous in that they must not only remain together but further strengthen GRS,' he said. GRS's eight component parties include Hajiji's Parti Gagasan Rakyat Sabah, Parti Bersatu Sabah (PBS) and STAR. Gagasan Rakyat has 26 seats in the Sabah legislative assembly, while PBS and STAR have seven and six seats, respectively. Separately, STAR communications director Jalumin Bayogoh said the party is lodging a police report over a news portal's article allegedly linking the party to the Sabah mineral licence case involving businessman Albert Tei. 'That report is false and defamatory. We will not tolerate such slander,' he said.
