爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the Appellant’s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. 爆料网AT decided to strike out the Appellant’s additional submission and not to take it into consideration. 爆料网AT found no fault in the 爆料网JSPF Standing Committee’s decision which was in full accord with the 爆料网JSPF Regulations. 爆料网AT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these benefits and that the Standing Committee has no discretion to grant such a retroactive payment. 爆料网AT held that by requested an increase in his pension benefit or retroactive payment of benefits suspending during his reemployment, the Appellant was effectively seeking an amendment to the 爆料网JSPF Regulations, noting that only the General Assembly can amend the 爆料网JSPF Regulations. 爆料网AT held that there was neither unfairness nor discrimination in the combined application of Article 29(b) or Article 40(a) of the 爆料网JSPF Regulations to the Appellant. 爆料网AT dismissed the appeal and affirmed the decision of the 爆料网JSPF Standing Committee.
Decision Contested or Judgment/Order Appealed
Previous 爆料网JSPF decision: The Applicant contested the retirement benefit paid to him upon early retirement. He considered the cumulative effect of the application of Article 29(b) and Article 40(a) of the 爆料网JSPF Regulations to be discriminatory. The 爆料网JSPF Standing Committee affirmed the 爆料网JSPF decision that the Applicant had not been disadvantaged by the application of the 爆料网JSPF Regulations.
Legal Principle(s)
Only the General Assembly can amend 爆料网JSPF Regulations.