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NEW FNPF DECREE PROTECTED FROM " ANY LEGAL CHALLENGES".

The Fiji Times: Legal aid

Elenoa Baselala
Friday, December 02, 2011

THE Fiji National Provident Fund Transition Decree has protected the Fiji National Provident Fund from any legal challenges.

It has also terminated any previous legal challenges on the pension reforms that are before the courts.

Gazetted on November 25, part 4, section 11(1) of the decree stated that "the relevant provisions are not to be taken to be inconsistent with a human right or a similar right of any person".

Last Friday, Prime Minister Commodore Voreqe Bainimarama during the 2012 Budget announcement revealed that the decree was effective on that date.

Current pensioners have been given a chance to re-decide their pension options with the amount they had initially saved refunded to their accounts, irrespective of how long they have been a pensioner.

According to Part 4 of the decree, no court, tribunal or any other adjudicating body has the power to accept, hear, determine or in any other way entertain any challenges against the validity or the loss or damage suffered by a person because of the new provisions.

The decree states that at the end of February, all pensioners will cease to receive their pensions under the current pension rates. From March, the FNPF will introduce new pension conversion rates starting at 8.7 per cent for those retiring at 55 years.

To protect the vulnerable from the 58 per cent pension reduction, the FNPF will pay "top up" to current pensioners. It won't apply to those who retire from March next year.

The top up allows those receiving pensions of less than $100 a month, to receive $100 a month. Currently, the FNPF's lowest monthly pension is $5 while the highest is about $10,000 a month.

The FNPF is urging current pensioners to see a FNPF pension counsellor to validate their identity as well as discuss new pension options before February 29, 2012

Comment by Siteri Maravou on December 7, 2011 at 12:00pm: A very sad day for members of the Fiji National Provident Fund. Another gimick by the illegal regime where the decree "can't be challenged in any court of law". How considering are they when don't allow anyone to question their decision. This is another 'bad move' by Khaiyum and Bainimarama. They have now touched the core values of retirees.

Comment by SEMI LEIWERE on December 9, 2011 at 4:03pm: What does this mean to a member i.e. a lay person? If the Board of Directors who are appointed by the Prime Minister and AG - want to do something and they need protection - a decree can very well passed by them. The democratic process which normally took place is not followed in a making a decree - there are no debates in Parliament and Senate. So whenever or where ever these two men want a decree to be in force - they will draft and enforce it at their leisure. It is sad and scary to be living under the military regime as anything can happen.

Comment by Siteri Maravou on December 9, 2011 at 8:58pm: Very true Semi, they are dealing with hard earned dollar of the Citizens of Fiji. Therefore it is the public money. This is not a private business belonging to Bainimarama and Saiyum. It was hard earned over the years by the people of Fiji, so sad:(

Comment by SEMI LEIWERE on December 9, 2011 at 9:08pm: Hard working people have saved their "life saving" to take them thru their retirement - there is case where a Pensioner is challenging them in court on the reduction of Pension Rate - so this must have triggered this decree. FNPF has realized that the Members are losing their confidence on the institution - hence the request for large sum withdrawal rather then going on Pension- where do we go from here??

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