KUALA LUMPUR, May 17 — A woman whose marriage was unregistered was allowed to claim her late husband’s Social Security Organisation (Socso) pension, the High Court decided in a landmark decision yesterday.
Kuala Lumpur High Court judge Su Geok Yiam reportedly decided that Lam Yun Tai is entitled to the pension as she comes under the “dependant” category, where she is the widow of her deceased common law husband Leow Teng Song.
According to The Star, Lam and Leow were wed via a Chinese customary marriage at a Kepong temple in 1991 and had remained married for 24 years until his death on November 16, 2015.
Lam’s lawyer, G. Manimegalai, reportedly said the court ruling meant her client is entitled to the Socso survivors’ pension as “the widow of her deceased husband” even if their marriage was not registered under the Law Reform (Marriage and Divorce) Act.
“This is the first of its kind in Socso matters pertaining to insurance claims where the customary marriage is recognised,” the lawyer from the Bar Council’s Legal Aid Centre was quoted saying.
According to The Star, the High Court judge also awarded RM5,000 in costs to Lam after dismissing Socso director-general’s appeal against an Employees’ Social Security Appellate Board’s decision that she was entitled to the survivors’ pension.
The Socso director-general had previously only approved claims by Leow’s children for the survivors’ pension and had turned down Lam’s application.
The survivors’ pension is paid out until the children reach the age of 21. However, The Star noted that the oldest child is still reliant on the mother even though he has already reached that age, as he is disabled.
Following the court ruling, Socso must now calculate how much Lam is entitled to get under the survivors’ pension, its lawyer Diba Natalia Ishak was quoted saying.
Lam, a 51-year-old odd job worker and with four children aged between 15 and 21, said she only earns around RM60 each time she helps out at wedding and birthday events.
“The money will reduce my burden as I am not educated enough to find a better job to support my children,” she was quoted saying.