Thursday, January 9, 2025

09012025 - The pension problem explained


Article courtesy of FMT with thanks.

PETALING JAYA:
Prime Minister Anwar Ibrahim had in early 2024 announced that civil servants would receive salary increments under a new remuneration system for them. The salary increments between 7% and 15% will also cause an increase in pensions for government pensioners.

However, misinformation regarding the SSPA salary scheme has led to confusion among the estimated 930,000 pensioners from the civil service, judges, former servicemen and senators.

FMT takes a deeper look into the pension issue.

How it started

Twelve years ago, Najib Razak’s government introduced the Pension Adjustment (Amendment) Act 2013; among the tweaks made to the law, was a clause to introduce a fixed 2% annual increment on all pensions from January 2013.

This amendment prevented pensions from being revised each time new salary schemes are introduced once every five years or so.

This effectively meant that a teacher who retired in 2012 on Grade DG 48 with 30 years of service would draw a pension based on his last drawn basic at that time.

Today, that penson is at least 30% lower than what someone on the same grade with the same length of service gets.

Several groups comprising current and former civil servants have cited the above examples when arguing that the amended Act violated Article 147 of the Federal Constitution. The said Article states that pensions should be recalculated to reflect the current last drawn salary on the same grade and scale.

Aminah Ahmad and 56 pensioners

Unhappy with the anomaly created by the amendments, two groups of civil servants, two groups of ex-servicemen, a judge and two senators went separately to the courts to get the amended law declared illegal.

Former Wisma Putra officer Aminah Ahmad led a group of 56 retired civil servants to sue the government. She lost at the High Court but won at the Court of Appeal and also when the government appealed to the Federal Court.

The apex court ruled that for those who retired before 2013, the payout is reverted to the December 2012 amount. And that the pensions be recalculated to correspond with new salary structures each time there is a revision.

However, the court did not make any order for retrospective adjustments to be made to pensions and for any arrears to be paid to them from 2013 on the ground that Aminah did not prove she suffered any actual loss. As such, the Federal Court said the decision was only to take effect from the date of the application which was in January 2022.

No more 2% annual increment

The apex court also upheld that the 2% annual increment from 2013 was unlawful and had to be stopped. However, as a gesture of appreciation, the government continued to pay out the accumulated 2% increment, which is termed as a special incentive allowance for pensioners, as a fixed sum permanently.

It must be noted that although there won’t be any more annual increments on pensions, these accumulated sums will be included as part of the pensions monthly. However, there was no announcement as to whether this will be a permanent arrangement.

As for the pensions under the SSPA introduced on Dec 1, the rates were revised based on the current equivalent of basic salaries in the grades they retired on.

Action to seek arrears

When the government refused to pay the revised pensions and arrears from 2022, Aminah’s lawyers wrote to the Public Service Department reminding them to implement the Federal Court order and pay the arrears from the date mentioned.

In its reply, the government said that the 2013 amendments were not considered a salary revision, but an improvement in the structure of wages, which may not apply to pensioners.

Aminah’s group then applied for a writ of mandamus from a Kuala Lumpur High Court to implement the decision to pay them post-2013 pension adjustment arrears effective from January 2022. The decision will be announced on Jan 16.

Pensions for ex-servicemen

Similarly two groups of former servicemen have filed suits against the government asking for the pensions to be revised using the existing salary scale and structures.

The groups argued that the government has violated Article 137 and/or Article 8 of the Federal Constitution read together with the Armed Forces Act 1972 which accords the right to military pensioners to receive pensions based on the revised basic salaries.

The groups also cited Article 147 which they say overrides any other law on this.

In the first case, a High Court allowed the originating summons filed by 50 retired armed forces personnel against the government, the Malaysian Armed Forces Council and two other parties regarding pension adjustments for those who retired before Jan 1, 2013.

It ruled that the pensioners who retired before this date, have the right under the Federal Constitution to have their pensions adjusted according to the rates and methods set for all military retirees who left after Jan 1, 2013.

The government has appealed this decision and a judgment is expected on Jan 21.

The second group comprising 2,742 veterans filed another similar suit against the government with detailed calculations of backdated pensions allegedly due to them. The High Court will deliver its judgment on June 16.

If the plaintiffs eventually win their cases, the government will be duty-bound to revise the pensions of all ex-servicemen who retired before Jan 1, 2013 to their current equivalent wages in the grades they retired on.

Judge and senators win suit

In 2023, the Court of Appeal upheld a Kota Kinabalu High Court ruling allowing a retired judge to claim a shortfall in pension payments paid to him between 2015 and 2022 following a salary revision in 2014. The three-man bench dismissed appeals brought by the government and Public Service Department.

Former judge Ian Chin Hon Chong had sought to declare the amended Judges’ Remuneration Act 2014 void and inconsistent with Article 125 (7) of the Federal Constitution.

The Federal Court refused to grant leave to the government to appeal the COA’s decision, making the ruling final.

According to some reports, all affected judges have been paid their revised pensions and arrears in November.

While in January last year, two senators won their appeal against a High Court decision disallowing them to receive revised pensions in accordance with the new allowances with effect from 2015.

The senators, whose pensions were based on the allowance of RM4,112 when they retired before 2015, were ordered by the appeals court to be paid pensions based on the revised salaries for senators which was raised to RM11,000 in 2015.

The court ruled that there must be a corresponding increase in the pensions of the elected representatives each time their allowances are revised. The government has appealed and the decision has been fixed for Jan 13.

09012025 - Pension Adjustment

Many thanks to Skot Abdul Rahman Teoh

JUSTICE DELAYED IS JUSTICE DENIED
78,500 veterans of the Malaysian Armed Forces stand at the crossroads of justice and neglect. For over a decade, we have been denied the rights we earned through blood, sweat, and sacrifice.
The Pension Adjustment case, already ruled in our favour by the High Court, now lies in the hands of the Court of Appeal. Despite the court’s recognition of the Malaysian Armed Forces Council (MAT)’s failure to address this issue, the Ministry of Defence has chosen to challenge the decision. Legally, they have that right—but morally, can they justify this delay?
The judgment will be delivered on 21 January 2025 at the Court of Appeal in Putrajaya. We, the veterans who defended this nation through the harshest of battles—fighting the Communist insurgency in the dense jungles of West and East Malaysia and standing firm during the confrontation with Indonesia in the 1960’s—ask only for what is rightfully ours.
This is not a plea for charity, nor do we seek sympathy. We demand justice and fairness. We appeal to the MADANI government to correct the wrongs of the past regime. Mistakes were made—mistakes that left many of us, particularly those in the lower ranks, struggling in poverty.
Out of the 78,500 affected, 96% are from the lower ranks, surviving on pensions as low as RM1,500 per month. These are men and women who once carried the weight of this nation’s defence, now living as part of the B40 or worse. Can anyone in power truly understand what it feels like to live this way, after a lifetime of service?
Even a former Chief of the Navy, in fact the very first — an Admiral who led the Royal Malaysian Navy—is today drawing a pension lower than a serving sergeant. Does this reflect the values of a responsible and caring government?
Prime Minister, we implore you: open your heart. Feel the pain of those who stood ready to lay down their lives for this country. Justice cannot wait any longer.
After 11 years of delays, court battles, and being passed around like an afterthought, we finally await the verdict. We urge all 78,500 veterans to unite in solidarity at the Court of Appeal, Putrajaya.
Let us convene on the 21st of January 2025, as the court proceedings are expected to begin at 9:00–10:00 AM. Let our presence speak louder than words. Let the nation see us—strong and unwavering, as we always have been.
This is not just about pensions. It is about honour, fairness, and respect for the sacrifices we made.
AGI IDUP AGI NGELABAN
Abdul Rahman Teoh


Tuesday, December 31, 2024

31122024 - Deceased, Almarhum Maj Mahmood Kamsani Mustapha (B) ..إِنَّا لِلّهِ وَإِنَّـا إِلَيْهِ رَاجِعون "Surely we belong to Allah and to Him shall we return" َ

 Credit to his son with thanks

 'RMC is my second home'

Maharis Kifnir Mahmood

 
‎إِنَّا لِلّهِ وَإِنَّـا إِلَيْهِ رَاجِعون
Dengan rasa sedih dan dukacitanya, dimaklumkan bahawa Ayah saya Mahmood Kamsani Bin Mustapha telah kembali kerahmatullah pada jam 10.36 pagi di Hospital Angkatan Tentera Tunku Mizan, Wangsa Maju 31 Disember 2024 bersamaan 1 Rejab 1446H
Jenazah akan disempurnakan di Masjid Al Mardhiyah, Fasa 5 Taman Melawati selepas waktu Zohor dan akan dikebumikan di Tanah Perkuburan Klang Gate selepas waktu Asar.
‎اللَّهُمَّ اغْفِرْ لَهَا وَارْحَمْهَا وَعَافِهَا وَاعْفُ عَنْهَا
Ya Allah… Ampunilah dia, rahmatilah dia, selamatkanlah dia dan maafkanlah dia.
Marilah kita bersama mendoakan agar rohnya tenang di sana, diampuni dosanya, ditinggikan darjatnya bersama-sama orang-orang yang mendapat hidayah, dijadikan kuburnya antara taman-taman syurga serta ditempatkan rohnya bersama Para Ambiya’, Auliya’, Syuhada’, Solihiin dan Muttaqiin serta tergolong di antara calon2 yang dipilih oleh Allah SWT. sebagai penghuni syurganya yang maha luas nikmatnya tanpa hisab... In Syaa Allah
Aamiin Ya Robbal ‘Alamin..
 
May Allah azzawajal shower you with maghfirah & Rahmah, aameen ya robb
 
 During my stint in RMC, we were doing our 3 days and 3 nights compass night march. Almarhum was the DS stationed at one of the checkpoints. After we had our meal, we then lined up and almarhum gave a speech to motivate us finnish the exercise. 'Along the way n prior this u will and would traversed a few local orchards. Make sure i don't catch you with their fruits or else...'. We were at attention and he came checking poking and peeking our pouches. I was already sweating as i had plucked a few mangoes and placed them in one of my pouches. As he peeked but didn't say a word and left to inspect the guy next. It was impossible for him to not noticed it. Allahummaghfirlahu warhamhu wa 'aafihi wa'fu'anhu aameen ya robb. 
 

 

 

Friday, August 2, 2024

02082024 - The Veteran's Plight ~ Skot Abdul Rahman Teoh Abdullah


Courtesy of Skot Abdul Rahman Teoh Abdullah 

    Since I left the ATM some 24 years ago, nothing much have changed or improved, the service remains the same. Except they now get better pay checks and have peaceful days. The current crop of men have not seen what my fellow comrades have gone through mainly the Infantryman who had to slough it out in the deep jungles of East and West Malaysia. As infantryman we never complained of anything we were told to do, we just ‘followed orders’, as good and loyal soldiers, serving the King and Country. Be it day or night, rain or shine, thunder or lightening we the infantryman will walk in the toughest and most rugged terrains one can only imagine. 

      As for other officers and men of the ‘non-infantryman corps’ they are always in support of all those foot soldiers carrying their heavy packs with 14 days of ‘compo ration’ which can weigh up to a shocking 60 pounds, with full gear and ammunition. When ‘helis’ do not turn up, we eat what is available in the bush, as 14 days rations can be consumed for max 18 days, if you are lucky, otherwise we eat exotic food and fruits that we have. 

    Yes, orders can be given at anytime of the day to move at wee hours of the night, sometime even at 0200 or 0300 in the damp and cold nights and at times can be freezing cold in the deep jungles. There were even occasion when our cooking oil gets ‘frozen’ at night, that is how cold it can be in the high mountain peeks we operate from, waiting for the CT’s to appear or be ambushed by them. Nobody in his right frame of mind would want such a dangerous job. But, as good Malaysian Infantryman we are there so secure the borders, while others have a peaceful night, sleeping with their loved ones in the comfort and security of a proper home. 

    The jungle was our home for months, sometimes we are deployed up to 3 months without a break, that was reality for me and my boys, we eat, sleep and share whatever we have like a big family. The festive occasions, celebrations, New Years, birthdays and what you have is forgotten once we don the ‘celoreng’. You only get news once in 14 days if the ‘heli’ comes with the ‘resup’, that is if ‘weather permits’, otherwise you just hope and pray that it will come. You write letters inside the bush with whatever paper and pen you can find, most of the time the ‘signalman’s’ message pad becomes our mail pad. You scribble whatever there is to say to your wife and kids as briefly as you possibly can. 

    The mail will be send to your spouse back home inside the camp. The “Q” is responsible for delivering that mail and later collect the reply from the wife. If anyone gets shot, or legs get blown up or get sick you just pray very hard that the heli can pick you up or winch you up from where ever you maybe in the bush. So many have died because the heli could not find us or could not come in time, you just ‘bleed to death’. 

    Nobody knows the agony of a wounded personnel hoping he can get out and get to a hospital in time. Everyone is always concerned and would do anything to safe his buddy, that is what comradeship’ is all about, we would chop down trees to build a quick extraction point for the heli to land or just to ‘hover’ and pick up the casualty. There is always the danger of being shot at again by the CT’s if they can detect our extraction point of the casualty. At any moment one can be attacked, ambushed and even the nights are not safe enough to really lie in your hammock and sleep soundly, peaceful sleep is a luxury in the ‘operations area’. Even going to the ‘water point’ on a daily basis to fetch water is a real hazard, as they can lay bobby traps or lay an ambush at anytime. 

    Mind you the guys who ‘snore loudly’ in the jungle is not at all safe, the soldiers sleep at night and the CT’s can be walking at night looking for us. This is a routine for them, just simply to avoid us detecting them in broad daylight. I say all these once again to remind the present generation, and the present government that peace for this nation was paid with ‘blood, sweat and lots of tears’, when one of our comrade gets killed or maimed for life. Their families are deprived of a husband, a father and a son. They are all still very alive and kicking up until today, I have personally lost my squad-mates, 3 of them were RMAF Pilots and another lost his leg in a bobby trap incident in Sungei Siput. Another 3 pilots were my school mates and rugby team mates. Their memories lived on in my brains until today, the laughter and happy moments we had together in uniforms and in the rugby field. Yet, today the ‘pure veterans’ that fought the real CT’s are left in search of justice and equality. 

    The government of the day needs to address the issue of the ‘pension scheme’, which was scammed by ‘unscrupulous’ leaders during their tenure in ‘high office’. All the retirees who retired before the ‘three pay increments’ were left behind and lurking in the dark, not knowing who to turn to or who to approach to bring the issue affecting the pensioners. Up until today there is only ‘talk’ and more talking and the issue is at the courts right now as we the old soldiers are all dying one by one every minute and every day. 

    The irony is that they are all majority very old soldiers, some of them even Generals and are just B40 category citizens in their 80’s, 70,s and 60’s. I am talking about the veterans who served during the 2nd emergency period of 1969 up until 1989, when the CT’s decided then to ‘Lay Down Their Arms’. This historical event took place on 2nd Dec 1989 in Hatyai, Thailand, thanks to the then PM, Tun Mahatir. His vision 2020 can never be ‘realized if we kept on fighting the CT’s’. 

    What wrong have we done to deserve this treatment, every year we are all happily celebrating ‘HARI PAHLAWAN’ as we did on 31st July, hardly two days ago. Is there anyone out there who really care for all of us Veterans yang ‘Sangat Dibanggakan dan Disanjung Setiap Tahun, if you really hargai kita do the right thing MR PMX. There is no more time for ‘rhetoric’.

Monday, April 29, 2024

29042024 - ReU 46th celebration - Roll Call

 From SecGen

 *REUNION INTAKE 34 Ke 46*

Assalam Skot Yg dikasihi. . Moga senantiasa sihat² seadanya, AJK kelolaan, berhasrat dgn izin *الله* himpunan kali ini dapat dihadiri seramai nya *berkonsep Himpunan Keluarga Skot³⁴* AJK berupaya menyediakan kemudahan homestay (27-28 Mei) Skot² yg perlu hendaklah maklumkan *keperluan penginapan* n malam nya, Light meal jam 8pm, di Teratak Le Reen.

1. Tarikh : *Selasa 28 Mei.* - *Majlis Himpunan Keluarga Skot³⁴*
2. *Lokasi* : Teratak Le Reen, Seremban 2.
3. *Menu* ala N9 dan grill BBQs serta Buah²an disediakan.
4. *Tetamu* : Mantan Jurulatih ada diberi undangan jua.
5. *Aturcara D-Day*
  1000 - Kehadiran AJK
  1030 - Kehadiran Skot³⁴
        n wife or anak/cucu
  1100 - Kehadiran tetamu Jurulatih Offr n OR.
Disambut oleh TTK - Skot² N9
Dimulai dgn memohon keizinan *الله*
Kehadiran Kalian didahulukan dgn TQ,

1. SecGen.
2. D Latiff n wife
3. Aminuddin n wife
4. U Abdullah n wife
5. Mustafa n wife
6. Redza n wife
7. Ir Rahim n wife
8. Zaidan
9. Khairudin n wife + 2 cucu
10. Hamidi n wife + 2 cucu
11. Mustapha n wife + 1 anak.
12. D' Aktar n wife
13. U Zakaria n wife () 
14. Fadzil Abas n wife
15. U Nazmi n wife
16. Abdillah n wife
17. Salleh Hassan
18. Kandiya n wife
19. Haridan n wife + 1 anak
20. Syed Abdullah n wife +1cucu
21. Wan Baharudin n wife
22. Yusuf Mamat n wife
23. Samin n wife
24. Halim Ghani n wife
25. Azman Law n wife
26. Ali Khan n wife
27. Zamri n wife
28. U Hassan n wife
29. D'Azizon n wife
30. Nasir Mohd Dom n wife
31. Norazman n wife ()
32. Ghozali ()
33. Mohammad Besi ()
34. Nordin n wife ()
35. Zaini Kahar
36. Abdullah Slow
37. D' Shabre n wife
38. D'Ismail n wife
39. Hassan Badarudin
40. D'Zahar n wife
41. Rohim n wife
42. Abdullah Ali n wife
43. Ismail MD
44. Shamsudin Joanna n wife
45. Hamsan n wife
46. Razak JlJ
47. Zainal n wife
48. Osman n wife
49. Rahman teoh n wife
50. Roslin n wife
51. D'Halim n wife
52. Khaidzir n Wife.
53. Khamir Abd Ghani
54. Mohd Khalid n wife
55. Shakry n wife
56. Rahman Lodin n wife
57. Tengku Nazri
58. Ismail JlJ
59. Hashim Mat
60. U Sufian n wife
61. Aziz n wife
62. Nawawi n wife
63. Anuar Raja
64. D'Yusri n wife
65. Mohd Zin Salleh (Renjer)
66. Rosli n wife
67. Md Isa n wife
68. Ismail Joran n wife ()
69. Ibrahim Labu ()
70. D' Suhaimi n wife
71. D'Zulkapri n wife
72. Fauzan n wife
73. Jamaludin n wife
74. D'Tajri n wife
75. Abdullah Ibrahim

Monday, February 12, 2024

12022024 - Bunker, All Round Defence Exercise, Dengkel

 Photo courtesy of 'Military Cartoons only'. Remembered during an 'All Round Defence Exercise'  in Dengkel, we were  instructed to dig our own dugout and to camouflage it. Almarhum Kapt Hatta RAMD came to inspect and started jumping on the rooftop... 'and all the kingsmen came tumbling down' 😂😂😂



Thursday, December 7, 2023

07122023 - Two Skots meet in COurt of Justic, Jalan Duta

Photo contributred by Skot Fadhil with thanks. Skot Jamaludin 'Din Teksi' Che Ros n Skot Fadhil at Justice Court, Jalan Duta. Verdict on pensioners revised pension deferred to 54th February 2024. 

Video Clip received from Skot Khaidzir with thanks.





Friday, June 23, 2023

23062023 44 Years later...

 Commissioning Date 23rd June 2023

 


Photo courtsy of skot Hassan Zahari via Whatsapp

'Saya dan arwah ayah di depan Dewan
Templer
pada 23 Jun 1979
.... Hassan Ajinomoto..'
  



Thursday, June 22, 2023

19062023 Boxing Day

 Photos courtesy of Skot Bahrudin RAMD n Skot Abdul Rahim Engr

Skot Mad Comando emerging victorious against Skot Husamudin RMAF

Skot Abdul Rahim as champion against almarhum skot Azmi


22062023 - O Group in Shah Seksyn 7

Received whatsapp from Skot Mat Zin to meet up. Alas, couldn't make it. Insya allah next time till w meet :D
 


L-R Skot Bahrudin TUDM, Skot Md Isa RAMD, Skot Mat Zin Enginer