JUDGMENT
[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 is-
(a) in relation to an award made before Merdeka Day, the date on which the award was made;
(b) in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka Day, the thirtieth day of August, nineteen hundred and fifty-seven;
(c) in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day, the date on which he first became such a member.
(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted."