Man files human rights case over pension entitlement

A pensioner has filed a constitutional application in the First Hall of the Civil Court claiming he was being deprived of his property without compensation.

Emanuel Debono filed his application against the Director of Social Security and against the Attorney General.

He claimed that he used to work with Lloyds Shipping Registry in Malta.

According to Lloyds' system of work, its employees used to invest in company funds and would be entitled to a return on their investment upon retirement.

As Debono used to work in Malta he paid, on a regular basis, his social security contributions.

Upon retirement Debono discovered that he was only going to receive the difference between his National Insurance pension after the return on his investment in Lloyds' funds was deducted.

He had filed a court case requesting a declaration that his return from Lloyds was not a service pension.

However, the Court of Appeal had not agreed with his submission and had declared that he was in receipt of a service pension.

As a result Debono was not receiving the full pension towards which he had contributed in terms of the Social Security Act.

He claimed that the application of the Social Security Act in his regard was depriving him of his own property, for he claimed that his right to a contributory pension was a right of property.

The Director of Social Security had not refunded to him any part of the contributions he had paid, but was only paying him a part of the pension to which he was entitled.

Debono added that he was being deprived of his property to which he was entitled as a private investor.

He claimed that the application of the law was creating discrimination between persons who had invested money in the bank or shares or bonds and persons such as himself who had invested in a vehicle managed and instituted by his employer.

In conclusion Debono claimed that his fundamental human rights as protected by the Constitution and the European Convention of Human Rights were being violated and he requested the court to provide him with a remedy.

Dr J. Brincat signed the application.