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Constitutional Court overrules pension for lawmakers

By JT - Nov 17,2014 - Last updated at Nov 17,2014

AMMAN — The Constitutional Court on Monday ruled that members of Parliament are not eligible for pensions while they can keep any such rights if they are entitled to under another legal status.

The ruling came in response to a query regarding the controversial civil retirement draft law filed by the Cabinet late September. Under the law, MPs and senators granted themselves lifetime pensions equal to those of ministers, setting seven years of service in Parliament or civil service as an eligibility requirement, with a retroactive effect, which the court also dismissed as unconstitutional.  

The Cabinet made the decision upon a directive by His Majesty King Abdullah, after the constitutionality of the bill was questioned during a public debate triggered by Parliament’s decision.

His Majesty had declined to endorse the law, citing doubts over its legitimacy raised by constitutional experts amid public outcry and nationwide criticism of the legislators’ decision.

In a letter addressed to Prime Minister Abdullah Ensour in mid-September, His Majesty said that the debate triggered by the law, approved during a joint Parliament session the previous week, suggests that there was suspicion over the constitutionality of the draft law, urging the government to refer it to the Constitutional Court and then carry out a thorough study that works out a “realistic solution” that ensures justice for all, taking into consideration the difficult economic situation and budgetary strains. 

In 2012, the legislature annulled a 2010 temporary law that cancelled pensions and other benefits to which lawmakers had been entitled.

King Abdullah declined to ratify the move then and asked the government to study the matter and come up with a new law.

People from all walks of life expressed resentment over the bill and reacted with joy when the King stopped short of signing the version approved by the two chambers.

In a letter addressed to the Constitutional Court, the government worded two questions regarding the bill: Is it legal to treat the service of a member of Parliament as civil service?  The answer was: No. The second question was: Is it legitimate to implement the retirement pension provision with a retroactive effect?  The reply also came in the negative. 

The second question refers to a provision in the bill that grants financial benefits to all those who were members of Parliament in October 2010 and henceforth.

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