An important explanation for all pensioners in the region

An important explanation for all pensioners in the region
Dr. Yousef Mohammed
First of all, we must salute the resistance of the striking teachers and employees of the region who continue their civil struggle on behalf of all the salaried employees of the region and all other citizens whose lives depend on salaries in any way. They are on strike to end the misery of the past ten years, to keep the citizens away from any political conflict, and to ensure that the Kurdish people live a dignified life.
Dear pensioners, I know you have been worried about the news about the salary problem for several days. After investigation, I received a letter from the Federal Supreme Court in response to the Iraqi Ministry of Finance. It is obvious that the Federal Ministry of Finance asked the court about the timing of the implementation of the decision of the Federal Supreme Court No. (212-Federal-2022) regarding the non-implementation of the repealed Pension Law No. (27) of date to prevent financial costs for the past? In response, the Secretary General of the Federal Supreme Court referred to Article 37-2 of the Rules of Procedure of the Court, which states that the decisions of the court, except for the penal texts, shall come into force from the date of issuance.
Obviously, the Federal Ministry of Finance has taken advantage of this text to impose that only those who retired after the decision of the Federal Supreme Court on (23-11-2022) salaries should be equalized with the amended Pension Law No. (9) of 2014, which is not correct.
The Federal Supreme Court issued two judgments in Decision (212-Federal-2022):
1. Failure to implement the repealed Pension Law No. 27 of 2006 by both the defendants (Prime Minister) of the Kurdistan Region and (Minister of Finance and Economy) of the Kurdistan Region despite their work;
2. Obliging both the above defendants to implement the Unified Pension Law No. (9) of 2014 as amended.
Therefore, from the date of issuance of this decision, ie (23-11-2022), the Kurdistan Regional Government is obliged to implement the applicable pension law, which is amended by the Unified Pension Law No. (9) of The law is retirement:
(Article 35/3: Restoration of the calculation of pension benefits for retirees who are unable to retire before the application of this law or after the entry into force of this law Referenced in Article (21) of this Law as follows:…)
Even Law No. 26 of 2019, the First Amendment to the Unified Pension Law, in Article
He said that the salaries of pensioners will be recalculated according to the articles of the amended law, provided that there is no financial cost before the implementation of the amended law.
Therefore, according to the decision of the Federal Court, the Kurdistan Regional Government authorities are obliged to equalize the salaries of all pensioners and their arrears from the date of the decision, not only those who retired after that date. The court’s explanation is that no compensation can be claimed before the decision is issued. According to the decision, the implementation of the repealed Pension Law No. 27 of 2006 has been incorrect since the beginning of 2014, but the pensioner cannot claim compensation for that period. This issue is normal and is mentioned in Article 40-4 of the applicable Unified Pension Law:
(Rabaa – No financial provisions of the previous lease shall be enforced.) The same is mentioned in Article 14 of Law No. (26) of 2019, the First Amendment to the Unified Pension Law.
Therefore, the explanation of the Federal Supreme Court in the response of the Federal Ministry of Finance means that the salaries of all pensioners should be amended according to the applicable law, especially since the applicants were pensioners of previous years. However, those whose salaries have been incorrectly calculated under a repealed law since 2014 until the court’s decision cannot claim compensation for that period.
The understanding of the Federal Ministry of Finance is not only wrong but also very illogical, because it means that they want to implement a repealed law on the majority of pensioners and for some to implement the applicable pension law. At the same time, this is contrary to Article 14 of the constitution and will create inequality among Iraqi citizens, including the Kurdistan Region.
According to the information, all pensioners and their descendants will receive their salaries equally for the first month of this year, and for the coming months we will work with the loyalists in the region and Baghdad to solve this problem