Pensioner organisations file judicial protest over deduction of public service pension

Two organisations representing hundreds of pensioners have filed court proceedings, arguing that the deduction of their Public Service pension from their State pension is unconstitutional.

The Ghaqda Nazzjonali tal-Pensjonanti and the Alleanza ta’ Organizazzjonijiet ta’ Pensjonanti filed a judicial protest earlier this week, arguing that their members’ pensions had been “drastically reduced” over time by legislative amendments which allowed the State to deduct their Public Service pension from their State Pension. These mechanisms were being utilised to circumvent the protection of pensions enshrined in article 113 of the Constitution, they argued.

Lawyers David Camilleri and Joseph Gatt, who signed the judicial protest, underlined that this meant that affected pensioners were being subjected to a direct breach of a Constitutionally protected right and not simply a breach of their fundamental human rights.

The plaintiffs requested the defendants initiate consultations with the two organisations and stop the deductions, warning that if this situation is not remedied, they would be filing a Constitutional case.