Why the Burness/Shameem case is not likely to be heard: Professor Wadan Narsey February 2012

Why the Burness/Shameem case is not likely to be heard
Professor Wadan Narsey February 2012

In August 2011, upon request by lawyer ShaistaShameem for the David Burness case,  I provided a statement of my assessment of the proposal of the Fiji National Provident Fund Board to reduce the annuity rates of existing pensioners.

Despite being postponed from last year to February 8 of 2012, the legal case has not been heard, and no date is being set for the hearing- no doubt a consequence of the FNPF Transition Decree (see the last section of this article).

The pensioners may as well have an idea of what was presented in that Statement for the Burness/Shameem case, as it may explain why the legal case is not likely to be heard: the FNPF Board does not have a legal leg to stand on, whatever may be the horrendous legal and consultants’ fees they are paying, using our savings.

There were four questions pertinent for the Burness/Shameem case, which I attempted to answer in my Statement:

Question 1      Can FNPF pensions be legally reduced?

To read the answer and the whole paper click on the following link:

Narsey Statement 2012 Feb 21 a 

Dave’s Diabolical Mismanagement

NEWS FLASH, Tuesdays Air Pacific Flight from Sydney Australia CANCELLED.

Wednesday 22 Feb. FJ 411 (Auckland) Delayed FJ 413 CANCELLED

WHATS NEW, THERE ARE FLIGHTS BEING CANCELLED ALMOST EVERY DAY.

Auckland, Brisbane Sydney, every source of tourists is being disrupted Air Pacific flights schedules are becoming a JOKE.

Diabolical Dave made a big song and dance about flying the 747 on the Hong Kong route, but it is flying half empty, or when he is lucky Half Full. He also made a song and dance about 10 Flights a week to Australia, what a JOKE.

The Hotel Association must be praying Virgin and Jetstar will increase their schedules to compensate for FTHF Daves broken promises.

Time for Dave and his highly paid buffer of consultant mates to go, to GO !!! Go and ” J-CENSORED-O” somewhere else.

Final Appeal to Our Prime Minister

OPEN LETTER
WITHOUT PREJUDICE

Dear Prime Minister
A great many people who have unnecessarily been illegally put to the sword by the FNPF,(eagerly facilitated by your Minister for Everything who appears totally bereft of compassion) were supporters of you and your aspirations for Fiji when you were in need of support, they now stand abandoned by you. 

I myself stepped forward when asked, not because I supported the coup, but because I supported your stated aspirations for Fiji, and still do. But those initial aspirations of yours did not include, denying pensioners basic civil rights nor writing decrees to deprive them of basic contractual rights. They did not include the discrimination against the aged that you now appear to condone. 

The pensioners are not the culprits here, the monies that are required to pay them for their remaining years is a pittance when compared to the money the FNPF management has wasted and continues to waste and allows to be misappropriated. 

Our Fiji is a beautiful country with a great many beautiful and wonderful people in it and people come to our shores from every part of the world for what for most is a holiday of a lifetime. 

Sadly the majority of the older generation of Fiji are now so worried about how they will be able to meet living expenses in a country once labeled “How the world should be” that some are now contemplating suicide. Others suffering illness have already had their lives shortened by the stress of the situation being imposed on them. 

I recall a few years ago when we were having dinner you stated that you “Pitied” me because I could not eat seafood, I replied then that I did not want your pity, and that has not changed, however I ask that you do have sufficient pity for the aged of this nation that you currently rule, by implementing a full independent inquiry to consider all the issues, contradictions and discrepancies that surround the actions of the FNPF in its reform agenda. 

It has been written “The evil that men do lives after them; The good is oft interred with their bones”. 

The extreme measures taken by the FNPF Board and management together with the proven manipulation of figures to justify these measures, are evil, and whilst you as Prime Minister are not directly responsible you are accountable because you approved these actions albeit on a false premise. 

You have the ability and the authority to instigate a full inquiry and I respectfully suggest that in the future interest of every citizen of Fiji and your conscience as a man of the people, you should do so. 

Yours faithfully,

Rick Rickman

We Fiji Pensioners hope this letter reaches the Prime Minister and that he spares the time to read it.
Greybeard 


More Threats From FNPF

Pensioners are being warned they will not get social welfare assistance.

Fiji National Provident Fund has advised pensioners to validate themselves for the new pension scheme.

However pensioners thinking of applying for social welfare assistance if they do not meet the validation deadline will be turned down.

Those who do not meet the validation deadline will not get any pension.

FNPF Representative Tevita Nagataleka says they work closely with the social welfare department to ensure pensioners do not get assistance.

Nagataleka says close to 4,000 pensioners who are receiving less than $100 monthly will receive $100 under the new scheme which comes into effect next month.

No changes will be made to pensioners who receive between $100 to $300 a month but those receiving more than $300 will receive less under the new method.

FTHF Dave has Done It AGAIN

Friday 17th February flight from Auckland to Nadi was cancelled without any prior notice to the passengers. Passengers had checked in received seat allocations and were then told that there would be a 90 minute delay. Two hours later they were told that the flight was cancelled, they were then told to come back Saturday afternoon.

When is Frank going to realise that Fast Talking High Flying Dave is managing the airline into destruction. Promises do not make profits, if things continue this way we can wave the pensioners $400,000,000 Four Hundred MILLION loan goodbye.

Prime Minster, wake up and smell the Jet Fuel, stop listening to Dave’s slick sponsor the Multi Tasking Minister, get a professional organisation to assess the situation ( from China if you wish ) but do something before Air Pacific  follows Air Australia down the drain and Fast Talking High Flying Dave departs forever on an ID 100 ticket to live a life of luxury on ill gotten gains.. And there is no need for FTHF Dave to purchase Airbus A330 aircraft because there are 5 leased by Air Australia available for IMMEDIATE leasing!!

The pensioners challenge FTHF Dave to tell the shareholders ( the public and pensioners of FIJI ) how much has been spent in the past 6 months for Hotel accommodation, vouchers and chartered aircraft.

UPDATE: Sunday 19th Flight to BRISBANE CANCELLED, does no one in government realise how much damage is being done…?

Is there anyone in the Fiji Navy who will show this man the
Golden Rivet ?

Greybeard 

FNPF Discrimination

Dear Fiji Pensioners

The last thing the malicious muppet style management of FNPF wish to be is fair. What they do is make up new rules as they go along. Less than two weeks ago I was told that because my wife was more than 7 years younger than myself I would now get a joint pension of 12.1% of my original collateral sum, and when I die my wife would receive a pension relevant to her age at the time of my death. This seemed realistic based on the new pension rules.

Later when I went to the FNPF Namaka office with all the required documentation to sign for a joint pension, I was then told that due to my wife being more than seven years younger than myself my pension which under the new system had been reduced from 16.6% of my residual sum to 12.1% was now (due to my wife’s age) to be further reduced to 9.3% which equates to a 44% reduction of my current pension and is the equivalent of the new pension rate for a person who is ten years younger than me on a joint pension.

This was so obscene and unfair I sought an explanation and documentation detailing this new policy from FNPF Suva ( the Namaka FNPF staff said they had explicit instructions from Suva not to give any details in writing), I was later advised by Suva that my query had been referred to the FNPF Prime Division, who clearly are not primed for action since they have not yet responded, or perhaps it takes time to print a new amended set of rules and regulations to filch more from us of what is now a very meager pension.

As the FNPF advertisements state, time is running out, but they continue to create delays.

Everyone in the country should sign your petition to the Prime Minister, because everyone’s future is at stake here, even though a great many do not realise it.

R T Rickman

If any of our readers have similar problems please detail them under Comments at the top of this letter

Greybeard

No Answers from FNPF

Key points on Meeting between Tevita Nagataleka and Christopher Jackson MarHeld at Sheraton Fiji Resort on 04 February, 2012 from 10:00 to 11:30 am.

Tevita Nagataleka
I have been very impressed with your extensive research and the information that you have provided me. This is the reason that I decided to meet with you.

Jackson Mar
I would also like to show my appreciation for your efforts in meeting with me. One of the great frustrations of pensioners is that neither FNPF decision making executives nor government ministers are willing to meet pensioners to exchange views in a meaningful, professional and constructive way..

Impact resulting from reduction in pension. I would like to outline my life experience so that you can understand my position. I started earning an income at the tender age of 12. I have only a high school education but have participated in ongoing executive management development programs including a six-week executive management development program at theUniversityofHawaii.. My career spans from being a bank clerk, airline accountant, senior executive management positions in the hotel industry including company secretary, financial controller, resort manager, owners’ representative and chief executive officer. The companies include Fiji Resorts Limited (owning company for Shangri-la Fiji Resort), Four Seas Regent Resort, Raratongan Beach Resort, Sheraton Denarau Villas, Richmond Limited (owners of Sofitel Fiji Resort). I was also a past director of Denarau Corporation Limited for three years.

It took years to plan my retirement finances and every dollar saved with the FNPF was entrusted to the Fund for a contracted life time pension. Now at age nearing 69 years, my pension (if I decide to accept one again) would be reduced by more than half.

In my advanced age, it would create an untenable financial blow resulting in a substantial reduction in my living standard, dependence on our children and eventual sale of our home in order to make ends meet.

As you grow older many expenses increase e.g. medication, dietary requirements, tertiary medical, old age care, inflation (pension is not subject to inflation adjustment as with Fiji government pensions) etc.

It would also have a very negative psychological impact on me, and many pensioners are in a similar cruel predicament.

TN
There is a need to understand the underlying principles of the reform i.e. sustainable, non-discriminatory and no cross subsidy. 

Sustainability and FNPF’s capacity to pay pensions are dependent on returns on investment, life expectancy and pension take up rate. 

Initially the take up rate was very low and FNPF encouraged and promoted members to take up pensions. 

Many countries are also reducing pension rates and pensioners need to face reductions. Pensioners have received large payments many times what have been paid for annuities and the offer to pensioners is fair.
Continue reading →

A DYING DISGRACE

A friend died recently; a man of 75 who had come to terms with a cancer diagnosis and decided to not put himself through the debilitating and nauseating side effects of chemotherapy and radiation. He decided, instead, to enjoy what he could of what life there was left for him. 

For quite some time that proved to be possible, despite his deep concern that his FNPF pension would soon be drastically cut – a concern that no doubt caused him great stress and hastened his demise.

 Unfortunately, the cancer wrecking his body caused him great pain. His last days were not at all easy, nor were they eased as they might have been: and that, to this writer’s mind, is an indictment of many in the world’s medical profession today.

 Aged 18, and about mid-way through a nursing course, I stood beside my ward Sister while she took instructions from a dying patient’s doctor. He said that he would neither increase the dose, nor the frequency, of the morphia being administered to ease the patient’s pain. We tidied the patient’s bedclothes, turned her pillow and made her as comfortable as we could, but it was clear that she was in distress.
Continue reading →

Press Statement from Lawyer for David Burness and Others v FNPF and AG.

PRESS RELEASE February 15 2012 

David Burness and other pensioners who are taking the Fiji National Provident Fund and the Attorney General to court over FNPF’s proposed pension cuts are fully supporting the petition to the Prime Minister to review government’s decision to slash FNPF pensions on March 1st 2012.

Lawyer for David Burness and Others in the court action, Dr Shaista Shameem said that her clients were supporting the petition to the Prime Minister because their hearing date of 8th February had been cancelled by the Court and no new dates had been set for the case to be heard.

She said her clients were disappointed with the High Court for not informing them or their lawyer about a new date for the hearing.  She said it was crucial that the case was heard before the new Decree slashing her clients’ pensions came into effect.

Daily telephone calls to the High Court Registry on the proposed date for the hearing were answered with a mere ‘we will let you know’ which is not satisfactory, Dr Shameem said. Her clients had a right to be heard without delay, especially when the February 8th hearing date had been cancelled without explanation other than information given informally that the judge dealing with the case, Justice P. Hettiaracchi,  had not yet returned from his leave.

Apparently Justice Hettiaracchi returned to Fiji last weekend but no further communication was available from the court on the status of Burness and Others’ applications for human rights redress. David Burness has now been joined by 13 other applicants to claim a rights violation in relation to their pension cuts.

Dates for filing of documents by Burness, FNPF and the Attorney General were set by the court in October 2011. However, neither the FNPF nor the AG met the deadline given by the court for filing their documents. No documents have yet been filed by the AG.

Dr Shameem said that the entire court process for the Burness case was both confusing and detrimental to her clients who had been praying for justice from the court.

Her clients were disappointed with such silence from the court system.