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2022 MarsdenLR 333

COURT OF APPEAL PUTRAJAYA
AMINAH AHMAD – Appellant
Versus
THE GOVERNMENT OF MALAYSIA & ANOR – Respondent


Petitioner Advocates:Gopal Sri Ram,Lim Choon Khim,Chin Yan Leng,How Li Nee,Marcus Lee ,Respondent Advocate: Shamsul Bol Hassan,Liew Horng Bin,Kogilambigai Muthusamy

JUDGMENT

Darryl Goon Siew Chye JCA:

[1] This appeal concerns the validity of certain amendments made to the Pensions Adjustment Act 1980 (" PAA 1980").

[2] The challenge to the validity of the amendments in question was premised squarely upon art 147 of the Federal Constitution . This was a challenge brought by the appellant on her own behalf and on behalf of fifty-six retirees from the public services.

[3] In essence, it was the appellant's contention that the amendments to ss 3 and 6 of the PAA 1980, brought about by ss 3 and 7 of the Pensions Adjustment (Amendment) Act 2013 ("2013 Amendment Act"), contravenes art 147 of the Federal Constitution .

[4] This is the judgment of the Court.

[5]Article 147 of the Federal Constitution states as follows:

"Protection of pension rights

147. (1) The law applicable to any pension gratuity or other like allowance (in this Article referred to as an "award") granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

(2) For the purposes of this Article the relevant day i

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