Former Prime Minister Voreqe Bainimarama has lost his pension case and High Court Judge, Justice Daniel Goundar has also ordered that he pay $5,000 in costs to the State.
Bainimarama had sued the government for miscalculating his pension and gratuity entitlements.
He had argued that the 20 percent salary reduction was temporary and that the calculation should use the original salary of $328,750.
The former Prime Minister argued that salary levels could only be lawfully altered by formal parliamentary determination, and not through budget notices or ministerial statements.
Bainimarama claimed that his pension should have been $246,562.50 annually, but was instead reduced to $184,921.87.
He also alleged that the gratuity payment was reduced and should have been $770,507.87, but he was paid $433,296.75.
The former Prime Minister sought the remaining gratuity balance with a 13.5 percent annual interest.
In his judgement, Suva High Court Judge Justice Daniel Goundar ruled that Bainimarama’s salary was lawfully calculated.
He has determined that Section 11 of the Parliamentary Remunerations Act 2014 expressly provides that salary and allowances, once varied by determination, remain effective until Parliament makes a new determination.
He says there is no presumption that a reduction is temporary, nor that the previous rate resumes automatically. The judge says in the absence of formal new determination, the most recent valid determination continues to govern.
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