Summary
The Court upheld pension relief for an employee who had timely opted into the Corporation’s pension scheme. Continued erroneous provident-fund deductions and acceptance of retirement payments did not establish conscious abandonment of that right. The employer had to implement the option and could not make the employee bear its mistake. The High Court’s balanced directions requiring refund of excess benefits and payment of pension arrears with reciprocal 6% interest were affirmed.
Issues
- Whether continued CPF deductions after a timely pension option and receipt of retirement benefits established waiver.
- Whether the Corporation’s implementation error or similar potential claims justified denying pension.
- Whether the refund and pension directions required interference.
Held
- The employee’s timely exercise of the pension option in 1991 was established and ultimately undisputed. Implementing that election was the Corporation’s duty. Its continued treatment of him as a CPF member and erroneous deductions could not defeat his pension entitlement. (¶¶ 2, 7, 8, 9, 11)
- Waiver required conscious abandonment of the existing right, demonstrated expressly or through inconsistent conduct. That was not established here. Pension became payable after retirement; when it was not paid, the employee represented and then approached the Court. Continued deductions did not themselves establish relinquishment. (¶¶ 9, 10, 11)
- The prospect that similarly situated employees might claim relief was no ground to refuse this legitimate claim. It instead indicated wider failure to implement the notified pension regulations. Employees could not be made to suffer for the Corporation’s fault. (¶ 11)
- The High Court had balanced the parties’ interests by requiring repayment of the employer’s provident-fund share and excess gratuity with 6% interest and directing pension and arrears with 6% interest. The arrears concerned August 2017 to July 2018, followed by regular pension from August 2018. Finding no error in those directions, the Supreme Court dismissed the appeal. (¶¶ 3, 9, 12)
Result
Appeal dismissed. High Court’s directions for refund of employer CPF share and excess gratuity and release of pension and arrears, with the stipulated 6% interest, affirmed.