Appeal Court to rule on ex-PM pension dispute

A three-member Court of Appeal panel is set to deliver a ruling on former Prime Minister Voreqe Bainimarama’s appeal against the calculation of his pension, following a High Court decision in Suva on November 27.

Bainimarama is challenging the High Court’s decision on September 24 last year, which found an error in the calculation of his pension and gratuity.

He is seeking pension shortfalls of either $383,432.66 or $223,089.50, depending on the retirement salary used, together with arrears, interest and costs.

The appeal was heard before Justices Pamela Andrews, Gus Andree Wiltens and Michael Buss at Veiuto.

Senior lawyer Devanesh Sharma told the court Bainimarama’s pension should have been calculated using the salary applicable at the time of his retirement, rather than the salaries he received during different periods of his service.

He argued that the 75 per cent pension entitlement should be based on the salary payable when Bainimarama retired in December 2022.

He also challenged the continued application of a 10 per cent salary reduction imposed under a 2020 remuneration determination, arguing that it was intended to apply only until December 31, 2020.

Representing the respondents, Solicitor-General Ropate Green opposed the appeal, submitting that the pension should be calculated using the salary applicable to each completed year of service.

Mr Green also argued that the expiry of the 2020 determination did not automatically restore previous salary rates, as Section 11 of the Parliamentary Remunerations Act 2014 provided that a determination remained in force until superseded.