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Fiji Pensioners

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Fiji Pensioners

Monthly Archives: November 2011

PRESS STATEMENT from Shaista Shameem

30 Wednesday Nov 2011

Posted by fijipensioners in Press Releases

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Counsel for David Burness and others in the multiple action against the Fiji National Provident Fund and Government’s decision to make substantial changes to pensions already granted to pensioners has requested the Chief Executive Officer Aisake Taito to stop insulting her clients in public meetings. Taito has referred to her clients and pensioners as being ‘well-off’ and beneficiaries of ‘overly generous’ pensions at the expense of FNPF members.

Dr Shaista Shameem, whose challenge on behalf of David Burness and others is already in court, said that pensioners receiving pensions from FNPF are elderly, and have no other source of income. Many are in ill-health. They were told when they retired that the pensions they would be getting would be given to them for life. They did not make any other arrangements for alternative sources of income and many are past the age when they can find work. These pensioners had a contract with the FNPF, and it is the court that will determine the outcome of the case, not Mr Taito.

For Mr Taito to arrogantly threaten to reduce the pensions of those who do not accept the FNPF and Government proposal by the end of the year when a case challenging this decision on human rights grounds is before the courts, is simply irresponsible, ruthless and dictatorial. Such announcements insult the judicial mechanisms of Fiji.  

Dr Shameem said her client and others seeking the court’s decision will continue to pursue their case in court irrespective of the announcement. The proposal of the FNPF is unacceptable to Mr Burness.

In the meantime, Dr Shameem said Mr Taito should stop throwing insults at her clients in public. As a public officer whose salary is paid by tax-payers, including former tax-payers, Mr Taito should exhibit more decorum in public meetings.

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Road Repairs in Greece

29 Tuesday Nov 2011

Posted by fijipensioners in Daily Humour

≈ 1 Comment

FLP Submissions to FNPF

29 Tuesday Nov 2011

Posted by fijipensioners in Articles & Reports

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Revised FLP paper on the proposed ‘reforms’ to the FNPF

The long term viability of the FNPF can be maintained

without making cuts to the current rates of pension benefits.

Besides, pensions are too important a matter to be left to be

decided upon without free and informed public debate and

without considering other available options. Ideally, any

changes that need to be made should be left to a

democratically elected government with the mandate to carry

out such reforms.

Introduction

Years of mismanagement and plundering is threatening the long term

sustainability of the Fiji National Provident Fund, despite the fact that

it collects close to $300 million annually in members’ contribution.

The Fund is now proposing a series of drastic changes recommended by

hired foreign consultants, the most damning of which is a reduction in

the rates of annuity. Any such reduction will be a gross injustice to the

workers of Fiji who have contributed for years in the expectation that

they will receive adequate pension to be able to retire and live in

dignity in their old age.

The current annuity rate of 15% is to be reduced further to 9% under

the proposals now being considered by the Fund. Should this happen,

the ordinary worker will be lucky to pick $50 a week on retirement –

hardly a liveable payout – and well below the current poverty line of

$185 a week! It is to be noted that the annuity rate has already been

progressively trimmed from 25% to 15% in the past 10 years.

If the Fund’s viability is being threatened today, the workers should

not be penalised for it. The State must take full responsibility for the

current crisis at the FNPF – largely as a result of questionable

investment activity and failure to conduct timely sustainability reviews

of the Fund. A number of very large poorly or negatively performing

investments were made with the express approval of successive

governments and were influenced by political considerations rather

than the interests of the members of the Fund. As such the State must

be held accountable. (More on this later in these submissions).
Continue reading →

FNPF Scheme’- is this ‘windfall’ fair?

28 Monday Nov 2011

Posted by fijipensioners in Articles & Reports

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Commentary on Budget Announcement re ‘Civil Pensioners or those who fall outside the FNPF Scheme’- is this ‘windfall’ fair?

Dr Shaista Shameem

The Budget Speech on Fiji National Provident Fund Pensions was a shocker. Pensioners supporting the David Burness v FNPF and AG  case are still reeling from the implications of it for them, that is, having their FNPF contracts cancelled without compensation.

What astonished most pensioners, however, was the part of the budget speech titled ‘Pensioners’, on page 19 of the speech.

This part is quoted in full below:

‘Regarding civil pensioners or those who fall outside the FNPF scheme, they will receive an increase on their existing entitlements. The last time these civil pensioners received an adjustment it was for 1 percent, back in 2005.

This time, former civil servants, their spouses, former members of the disciplined forces, war veterans, retired judges, former prime ministers, ministers and former members of parliament will all receive a 20 percent increase on their existing entitlements’ (my emphasis)

From the perspective of the Burness case already in court, consider what this provision means. It seems judges who retire will get a refund of their FNPF balance (hard cash) plus a 20% increase in their judicial pensions.

An example may illustrate our disquiet in relation to this provision better: if Judge Smith had worked as a lawyer before being appointed a judge, he or she would have been a member of FNPF and therefore entitled to a FNPF pension. If Judge Smith had chosen to take the pension option, he or she would now be entitled, under the new decree, to both a refund of his or her FNPF balance, as well as a 20% increase in judicial pension upon retirement as a judge.

No one knows how many of the judges are members or beneficiaries of the FNPF pension scheme but the public perception that judges in this category will receive a windfall at the expense of other FNPF pensioners cannot be dismissed. FNPF pensioners’ pensions, on the other hand, are not inflation adjusted.

The possible implications of a decree bequeathing such a windfall on the hearing of the Burness case cannot be ignored or dimissed.  

A landmark House of Lords case is pertinent in this regard: In Re Pinochet Judgment of 17th Decemner 1998 and 15th January 1999, where the Law Lords said…’it is of the last importance that the maxim that no man is to be a judge in his own cause should be held sacred. And that is not to be confined to a cause in which he is a party, but applies to a cause in which he has an interest’.

Public perception in this instance, in which a FNPF pensioner’s pension is to be reduced significantly whereas judicial pensions are to be increased by 20%, all by decree, is surely something to consider quite seriously in light of the aforementioned Re Pinochet decision.

Under these circumstances what would be the judicial attitude towards the strike out application currently being made by the FNPF and Government in the Burness case? 

The Element of FNPFBOARDIUM

27 Sunday Nov 2011

Posted by fijipensioners in Daily Humour, Grey Power Editor

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Oxford University researchers have discovered the heaviest element yet known to science. The new element, FNPFBOARDIUM (symbol=FnPf), has one neutron, 25 assistant neutrons, 88 deputy neutrons and 198 assistant deputy neutrons, giving it an atomic mass of 312.  These 312 particles are held together by forces called morons, which are surrounded by vast quantities of lepton-like particles called pillocks. 
Since FNPFBOARDIUM has no electrons, it is inert. However, it can be detected, because it impedes every reaction with which it comes into contact.

A tiny amount of FNPFBOARDIUM can cause a reaction that would normally take less than a second, to take from 4 days to 4 years to complete.

FNPFBOARDIUM has a normal half-life of 2 to 6 years. It does not decay, but instead undergoes a reorganisation in which a portion of the assistant neutrons and deputy neutrons exchange places.

In fact, FNPFBOARDIUM’S mass will actually increase over time, since each reorganisation will cause more morons to become neutrons, forming isodopes. This characteristic of moron promotion leads some scientists to believe that FNPFBOARDIUM is formed whenever morons reach a critical concentration.

This hypothetical quantity is referred to as a critical morass. When catalysed with money, FNPFBOARDIUM becomes Administratium (symbol=Ad), an element that radiates just as much energy as FNPFBOARDIUM, since it has half as many pillocks but twice as many morons. 

Here’s your money back – we no longer have an agreement

27 Sunday Nov 2011

Posted by fijipensioners in Letters

≈ 4 Comments

So, Silver Surfers, they have done what we knew, right from the beginning they planned to do – hijack the FNPF. At first hearing it was great, wasn’t it? Wow! Initial pension allocation to be refunded regardless of prior payments over the years. Wow? More like DUH! 

Yet again (yawn) the perilous state of overseas pensions was hauled up as an example of why the FNPF is entitled to pull the plug on its senior pensioners. Do they think we are dumb? (Yes, they do actually – but we know they are dumber). Let’s get this straight and in clear bold print: The overseas pensions which are being cut are Government pensions. They are pensions which are funded from taxpayer’s money.  

The FNPF is owned by its members and the government has just stolen it from us. It has as good as put our contracts and agreements through the paper shredder and told us to ‘get stuffed’. The Government in annexing the FNPF is guilty of grand larceny. The FNPF is guilty of ‘larceny by servant’. Because, indeed, the FNPF is the servant of its members. 

At the same time the FNPF has (a) conned those on the lower pensions into thinking an extra $50 will see them right, mate. And (b) attempted to ‘wipe its hands’ of this issue by telling its older pensioners, ‘OK – Here’s your money back – we no longer have an agreement.’ 

Bull dust! Of course you have an agreement – a contract. And when you allocated an amount to be utilised as pension, it was long before the devaluation, to say nothing of weekly price hikes in the shops. The cost of living is rising weekly – we are all talking about it for heaven’s sake – it is the main topic of conversation these days. 

To add insult to injury Civil Servants are to receive a 20% pay increase. Well – perhaps this is fair enough, because it must be horribly boring sitting in a Govt department for hours on end doing nothing. Perhaps the increase is a hardship payment? 

Phoning the powers that be last year to arrange for the replacement of a TIN# letter, each time I got through on the phone I was treated to a woman quoting from the bible (yes, bible with a lower case b) which I was required to listen to before I was attended to. So much for separation of church and state. 

Phone any govt dept (yes, lower case g) for something specific and you can guarantee you will be passed on to at least 4 extensions before you get the person who can hopefully, but not necessarily, be of assistance. Worse comes to worst, you will be told that the only person who can deal with this issue is either ‘sick’ or ‘on leave’ and please call later. When? I don’t know. 

More worrying is the fact that if you visit/phone a govt department on, say, 3 different days, to discuss the same simple issue, you will be given 3 different answers! 

I am currently in touch with a businessman who is planning to invest in Fiji next year. I shall tell him to forget it until at least 2015 because we shall all need at least a year post elections to assess in which direction Fiji is moving. For some time to come it is doubtful that any agreement or contract will be honoured. Signed today – shredded tomorrow. 

So – Fiji Pensioners – we have just been given a kick in the teeth. Are we going to buckle under and belly-up? I don’t think so!

Rally to the cry, Grey-power! 

F-N-P-F      YOU’VE GONE TOO FAR!

WHO THE HELL DO YOU THINK YOU ARE!

Will Military Regime trash contracts? The Big Picture.~Dr Wadan Narsey

25 Friday Nov 2011

Posted by fijipensioners in Articles & Reports

≈ 1 Comment

The illegal Military Regime has announced that they will make a Budget statement on their plans to reduce FNPF pensions.

Will there be yet another Military Decree purporting to revise the FNPF Act in order to reduce pensions, and stop legal challenges, such as the current Burness/Shameem case, supposed to be heard in February 2012?

The Coconut Wireless is hinting that the Regime/FNPF has devised a scheme which will give existing pensioners a “Hobson’s choice” or the “Morton’s Fork” between two options, both of which will mean that their current contracts with FNPF will be trashed.

Pensioners have no idea what will be thrust down their throats on Friday (for sure, no one will be singing “Thank God It’s Friday”), and some are now reduced to begging this Regime for “permission” to discuss their just grievances in the media.

While FNPF pensioners wait for that Friday drama, they might want clear their cobwebs on the following five statements (especially Statement 3) that the Military Censors will not allow in the Fiji media:

1. Existing FNPF pensions cannot be legally reduced under the FNPF Act and the laws on contracts.

2. The FNPF Act does not allow FNPF to vary the pension rates differentially for allegedly high and low income pensioners.

3. FNPF’s Buffer Fund does have the financial capacity to pay existing pensions at their current rates for another 18 years, if the Buffer Fund is properly credited with interest payments from 1975 to the present, AND if the provisions of the FNPF Act had been strictly followed by successive Boards.

4. Successive Fiji governments, including the current illegal Military Regime, have been directly and solely responsible for whatever mess exists at FNPF today, and should be responsible in the unlikely event that there are short-falls in FNPF cash-flows.

5. The only proper way to change the FNPF Act is for an Independent Expert Commission of Inquiry into FNPF to make recommendations which should only be considered by a future elected Government.

These statements would all be elaborated in the Burness case, if it ever sees the light of day.

1

Essential background

The Fiji National Provident Fund is not a “government owned public enterprise” to be used for the benefit of the government, the Fiji public or tax-payers in general. It belongs only to the workers whose contributions have funded it, although their interests coincide often with those f the Fiji public.

Historically, however, FNPF has been totally controlled by successive governments, from its inception till today, both through legislation and actual operation.

The FNPF was originally intended to be a compulsory savings scheme for workers, with all the savings and interest thereon to be returned to the worker as a lump sum on retirement (read the Legislative Council debates in 1968).

The system was then lawfully changed by Parliament in 1975 to introduce a pension annuity option, which was set at the high rate of 25% for single pensions, to encourage retirees to take the pension rather than the lump sum.

Despite that high rate of pension, the pension uptake was way less than 15% and even till now, less than 35%.

When the uptake proportion did begin to rise (late 80s and early 90s), an ILO study (1993) advised that the annuity rate should be brought down gradually to 10%.

But the 1998 Parliament decided to bring the pension rate down to 15%, gradually over ten years.

Even if actuarially unwise, this was a lawful decision made by Parliament, thereby legally under-writing the contracts which all pensioners have entered into.

To break these contracts is to make a mockery of justice, law and order, constitutionality, and the sacred powers and responsibilities of a lawfully elected Parliament, and the people it represents.

But first, why has the ILO projection that in the long term some 35% of retirees would take the pension, never been reached?

The FNPF’s pension gamble: the “risk of dying early”

While actuaries and “smart rich people” have concluded that the annuities between 15% to 25% have been excellent value, the historical reality has been that the majority of retirees (more than 70%) have not been taking up the “excellent” pension offers.

Yes, excellent returns, but you could also die early, and lose all.
Continue reading →

The Proposed (Draft) Fiji National Provident Fund Decree 2011

24 Thursday Nov 2011

Posted by fijipensioners in Articles & Reports

≈ 45 Comments

Click on the following for details of the draft decree

FNPF Decree 2011 – A
FNPF Decree 2011 – B
FNPF Decree – 2011 C
FNPF Decree 2011 D
FNPF Decree – 2011 E
FNPF Decree – 2011 F
FNPF Decree 2011 – G

The Proposed (Draft) Fiji National Provident Fund Decree 2011: Commentary

Dr Shaista Shameem 

1.0       Introduction

The proposed (draft) Fiji National Provident Fund Decree 2011 is, unfortunately, a piece of law that will make life very complicated for the ordinary citizen of Fiji. This will be particularly so for members of the Fund and pensioners who may want to know how their pension benefits will be affected in light of the new retirement policy to be put in place by the Government. This brief commentary confines itself to two main issues highlighted by a survey of the proposed Decree, namely, (i) its lack of clarity due to shortcomings in drafting and (ii) its substantive content adversely affecting rights of members and pensioners.

2.0       Problems with drafting

 Recent decrees promulgated by Government have revealed serious defects in drafting and the proposed FNPF Decree is no exception. New laws are particularly vulnerable to drafting defects mainly because of lack of consultation due to the current legal milieu in which these decrees are drafted. Normally, drafts of legislation are put through a number of readings in Parliament. However, this rigorous process is unavailable in a situation where the executive arm of government drafts laws for promulgation by the President. Consequently, defects, which have the effect of weakening the law itself thereby thwarting coherent interpretations of it by courts and/or public officials, do ultimately undermine public confidence in the law-makers. When Parliament sits again in future, it would be advisable for its members to revisit all the decrees promulgated since 2009 to ensure compliance with basic drafting rules. This would reassure the public that the laws affecting them do not suffer from internal contradictions and inconsistencies, have prospective application only, and are of a sufficiently generalized nature as required by the basic rules of legal drafting.

The proposed FNPF Decree’s drafting problems are many. In relation to pensioners’ rights it is not clear in the wording whether the new law will affect those already on pensions. This is quite a serious defect because those keenly following the David Burness case (Burness v FNPF, Republic of Fiji and AG Civil Action No 183 of 2011), will not have a clue whether David Burness’ pension (or pensions of others) will be reduced pursuant to the new law. The commencement date for the proposed decree has not been provided and, given recent history, retrospective application of decrees is now quite common in Fiji. According to section 3, the Minister has discretion regarding the commencement date of the new decree. In fact, different parts of it will come into effect on different dates depending on whether or not the Minister is satisfied (inter alia) that the Board has complied with ‘Part 2 of the transition law’.

This brings me to another drafting defect. The phrase ‘transition law’, according to the interpretation section, refers to the new decree itself; however the long and short titles of the decree do not refer in any way to it being a ‘transitory law’- transition to what, one may ask. Will there be another FNPF Decree later? If so, when? Will that decree more explicitly reduce pensions already granted to pensioners?

Section 29 (1) of the proposed Decree is another example of lack of clarity resulting from weakness in drafting. The section states ‘The Fiji National Provident Fund established under the former law continues in existence under that name, subject to the other provisions of this law and any provision of the transition law’.  If, as the interpretation section states, the transition law is the decree, what is meant by the words ‘this law’ in the same sentence? Given that this is quite an important section because it is supposed to tell us what relationship the proposed decree has with the FNPF Act Cap 219, section 29 (1) of the decree is a perfect example of confusion in the minds of the drafters about what exactly they are reforming- the long title states the decree is to ‘reform the Fiji National Provident Fund’. So, the question is, what is the relationship between Cap 219 and the proposed Decree? And, if section 29 (1) states that the ‘former law’ is still in existence, why not just draft a simple amendment to it, instead of putting in place a new convoluted ‘reform’ decree?
Continue reading →

Will This Also Fall on Deaf Ears

23 Wednesday Nov 2011

Posted by fijipensioners in Letters

≈ 1 Comment

Mr Aisake Taito
Chief Executive Officer
Fiji National Provident Fund
Private Mail Bag, Suva
Provident Plaza Two
33 Ellery Street, Suva
E: AisakeT@fnpf.com.fj

Dear Mr Aisake Taito, 

Greetings!

As you are well aware there has been a lot of upset, anger, disappointment and outrage about the restructuring of the FNPF and the planned reduction of pensions. I attended the two day symposium at the Holiday Inn some months ago and am well aware of all the discussion and proposals that were put forward. The case for the unsustainability of the Fund was highlighted as well as the proposed reduction in existing pensions to as low as 9%. At that meeting but particularly at a subsequent meeting at the Civic Centre a number of pensioners expressed their anger and outrage at the proposed reductions. Many were of the opinion that such drastic deductions would be in violation of contracts they signed which were legally binding. I understand that about 1200 pensioners are saying that the FNPF’s plans to drastically cut their pensions are unjustified.

If I understand the situation correctly it was first announced that all current pension rates were not sustainable. Later FNPF announced that about 90% of the 11,000 pensions would not face reduction because they were below the $800 a month poverty line. This was much appreciated.

However the remaining 1200 are the ones who are extremely upset and feel that there has been some misunderstanding, miscalculations and consequent injustices. The planned reductions seem to have been targeted at those who receive quite large monthly payments. Yet this section of pensioners is very small – probably totalling less than 50. The rest – the large majority of the 1200 – are middle and working class.

It is this group which feels that great injustice is being done to them especially in view of the fact that the 20% devaluation of the Fiji dollar has meant that the purchasing power of their pension dollar has declined considerably. Moreover rising costs of food, fuel, electricity and water charges plus reflected in the recent high rates of inflation generally has meant greater hardship for many. Moreover this growing hardship has caused deep concern and anxiety – especially for those who have home loans to pay and family commitments to fulfil. This anxiety easily translated into physical symptoms of blood pressure and heart problems.

Information provided by FNPF indicates that the Fund can continue until 2050 or 2055 as it is presently structured before it would face collapse. So why cut pensions 40 or 45 years in advance especially when the pensioners concerned see themselves as a “diminishing liability” due to the fact that their numbers are being reduced as elderly members pass on.

I am sure you have received numerous letters from the pensioners concerned but they have not received any positive assurances from you that their concerns have been taken into serious consideration.

Another matter of concern which I and others raised at the symposium is that people cannot accept that the bad investments of the past can just be written off as “water under the bridge”. We are talking about the people’s money – the savings of thousands of ordinary people. People want to see that those responsible for bad investments are brought to justice and the money misused is returned to the FNPF.

Connected with the above is that the promise made to members that future investments would be carefully scrutinised is not being kept. Recent announcements that huge loans were made to Air Pacific for the purchase of new aircraft, that interest-free loans were being made to Natadola, and that a further loan was being made to a business venture specialising in the manufacturing of pasta and yogurt, all seem to be out of keeping with responsible investments and accountability to members. Surely commercial banks exist for such loans.

Many concerned pensioners feel that great injustice is being done to them. They are disappointed, angry, outraged and deeply upset at the way the situation has been handled. Moreover they feel that their voices have not been heard.

I personally am not affected by the current decisions of the FNPF but I have heard the cries of the people and I feel obliged to add my voice to theirs and request that justice be done.

I beg that you listen to the voices that have been raised in concern and reconsider the current policies being proposed. Large and sudden cuts to the pensions of ordinary people are not the answer in hard economic times. 

Yours sincerely,
(Fr Kevin J. Barr) 

cc.
Ajith Kodagoda – cjpatel@connect.com.fj
Aisake Taito – AisakeT@fnpf.com.fj
Tom Ricketts – tricketts@connect.com.fj
Taito Waqa – twaqa@labour.gov.fj
Tevita Kuruvakadua – tkuruvakadua@nltb.com.fj
Sashi Singh – sashisingh@cdp.com.fj

A Sad Farewell to Common Sense

23 Wednesday Nov 2011

Posted by fijipensioners in Articles & Reports

≈ 14 Comments

Today we mourn the passing of a beloved old friend, Common Sense, who has been with us for many years. No one knows for sure how old he was, since his birth records were long ago lost in bureaucratic red tape. He will be remembered as having cultivated such valuable lessons as: 
– Knowing when to come in out of the rain; 
– Why the early bird gets the worm; 
– Life isn’t always fair; 
– and maybe it was my fault. 

Common Sense lived by simple, sound financial policies (don’t spend 
more than you can earn) and reliable strategies (adults, not children, 
are in charge).

His health began to deteriorate rapidly when well-intentioned but 
overbearing regulations were set in place. Reports of a 6-year-old boy 
charged with sexual harassment for kissing a classmate; teens suspended from school for using mouthwash after lunch; and a teacher fired for reprimanding an unruly student, only worsened his condition. 

Common Sense lost ground when parents attacked teachers for doing the job that they themselves had failed to do in disciplining their unruly children. 

It declined even further when schools were required to get parental 
consent to administer sun lotion or an aspirin to a student; but could 
not inform parents when a student became pregnant and wanted to have an abortion. 

Common Sense lost the will to live as the churches became businesses; and criminals received better treatment than their victims. 

Common Sense took a beating when you couldn’t defend yourself from a burglar in your own home and the burglar could sue you for assault. 

Common Sense finally gave up the will to live, after a woman failed to 
realize that a steaming cup of coffee was hot. She spilled a little in 
her lap, and was promptly awarded a huge settlement. 

Common Sense was preceded in death, by his parents, Truth and Trust, by his wife, Discretion, by his daughter, Responsibility, and by his son, Reason. 

He is survived by his 4 stepbrothers; 
I Know My Rights 
I Want It Now
Someone Else Is To Blame
I’m A Victim

Not many attended his funeral because so few realized he was gone.  If you still remember him, pass this on. If not, join the majority and do 
nothing..

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