A group of 62 former port workers or heirs this morning filed an application to the Constitutional Court claiming breach of human rights.

The workers or their heirs retired after 2003 when the new pension and contingency fund was introduced.

They noted that before this was introduced back in the seventies, port workers worked as professionals and they did not have a pensionable age.

The government at the time had wanted to introduce a pensionable ago so they negotiated an agreement for the introduction of a system or fund which could be used by port workers to financially cover them when they reached pensionable age.

The benefits had to be shared among those of pensionable age or their heirs, who would have contributed to the fund.

When the two thirds pension was introduced in 1979, contributors agreed they should stop getting their pension from the fund opting for a state pension instead.

The workers decided to keep the PCF working and that its benefits would be shared by all, including workers, pensioners and heirs.

This was, however, never done.

In 1997, the fund made two ex gratia payments and in 1998 a new system fixed the highest sum one could be eligible for to Lm8,000.

Through a legal notice, the fund was in 2003 transformed into an investment scheme for workers. The funds were invested with an insurer with the aim of providing retiring workers or their heirs with a suitable income on retirement.

But, in 2007, an amendment to the regulations on port workers was made and the new regime came into effect.

This amendment excluded port workers from benefitting from the fund as they did in the past.

For through an agreement between the government and the treasurer of the Malta Dockers Union, it was decided that all licenced port workers would get an ex gratia payment within 120 days.

The problem was that only port workers licenced after July 1, 2007 got this payment.

The 62 filing the application said that they or the person they had inherited had contributed to the fund they were being excluded from so they should also receive a payment.

They complained with the authorities including the Attorney General, the Infrastructure Minister, the president and treasurer of the Matla Dockers' Union, the chairman of the Pension and Contingency Fund committee, and the chairman of Transport Malta, but no solution was found.

Dr Edward Zammit Lewis and Dr Michael Camilleri appeared for the dock workers.