Federal Court decides the unconstitutionality of pensions for special grades
The court said in a statement seen by "Shafaq News", that “ (37) (38 \ 3) articleof the Unified Retirement Law are unconstitutional.
Article 37 of the retirement Law stipulates, "an exception to the provisions of Article (21) of this law that considers the pension for (President ,Parliament Speaker , President of the Council of Ministers and their deputies , MPs, ministers and people on their grade level , Governing Council members and deputies, members of the Interim National Council , President and members of the Assembly National and ministries’ deputies , Undersecretary of the Ministry and advisers and those with special grades from rank of director general and who takes a salary as the director general) in cases of retirement, death, resignation with the approval of the competent authorities as follows:
(25 %) from the last (salary , bonus or reward) and allocations in taken Service
(2.5%) is added to the last (salary , bonus or reward) and allowances for each year of service not more than (80%) of it.
Second - The provisions of paragraph (1) of this Article is applied on retired judges and public prosecutors in criminal court.
Third – Those included in the provisions of clauses (I-II) of this article, who were employees of the state can return to their original jobs and resigning considered cancelled, and their service mentioned above would be accounted for the purposes of bonus, promotion, retirement and abide by the competent authorities to provide the desired degree and have the option of getting specified pensions in Item (1) or the salary of job that he returned to.
Fourth - The provisions of article (I-II) of this Article is applied on retired people before the entry into force of this law, who occupied the office after 9/4/2003.
Article 38/3: District Director and members of local councils and districts, counties and municipal councils (incisors and neighborhoods) who have a service pension of not less than (15) fifteen years deserve a pension on the basis of salary (the first phase) of the second degree, according to payroll Supplement of the salaries of state employees and the public sector No. (22) of 2008 amended or any other law replaced on the basis of the ratio set forth in clause (2) of Article (21) of this law, without prejudice to their right to receive more pension in the light of their service and status career in public office, and those who served for more than (4) four years can receive the minimum salary under the provisions of this law. This law shall not be applied on the coming sessions.
