Cabinet has decided that there will be no backdated reinstatement of the FNPF pension payments that was reduced under the 2012 reforms.
Minister for Finance, Esrom Immanuel says the decision was made following detailed and careful technical advice from the Ministry of Finance, the Fiji National Provident Fund and the Office of the Solicitor-General.
Cabinet considered the legal, financial, and constitutional implications of any pension reinstatement for FNPF pensioners whose pensions were reduced under the 2012 reforms.
The 2012 pension reforms were implemented under the FNPF Decree 2011 now an Act and the FNPF Transition Act 2011 to address actuarial and pension sustainability concerns.
Immanuel says at that time, independent assessments confirmed that the previous pension rates were financially unsustainable, with pension payments exceeding members’ actual accumulated savings.
This meant that current and younger FNPF members were effectively subsidising higher pension payouts, placing the long-term viability of the Fund at risk.
The Minister says Government’s foremost responsibility is to ensure that FNPF pensions remain actuarially sound and sustainable for all members — both current pensioners and the more than 430,000 active contributors whose retirement savings must be protected.
He says reinstating pensions backdated to 2012 would undermine this sustainability and would require either the use of other members’ funds to subsidise previously high and actuarially unsustainable pension rates or significant additional fiscal resources beyond Government’s fnancial capacity.
The financial implications of full retrospective reinstatement are substantial.
The total estimated cost is approximately $582 million, including about $372 million in backdated payments and a further $210 million in future liabilities.
Immanuel says FNPF does not have the capacity to absorb this cost without compromising member balances and future returns.
He adds funding the full amount from the National Budget would impose a significant burden on taxpayers and public finances.
The Finance Minister says the 2013 Constitution provides clear legal guidance on this matter.
He says Section 173(3) expressly prohibits Parliament or Government from enacting any law that would retrospectively alter the legal effect of the 2012 FNPF reforms.
This means Government cannot undo past decisions, restore old pension rates from 2012, or authorise compensation, damages, or backdated payments arising from those reforms.
Immanuel says any such action would be unconstitutional.
He adds that Section 26 of the Constitution also protects property rights.
Immanuel says the retirement savings of FNPF members constitute their private property, and using those funds to finance retrospective reinstatement would amount to taking members’ property without consent and would expose Government and FNPF to significant legal challenge.
He says while retrospective reinstatement is neither legally permissible nor financially responsible, Government remains committed to addressing hardship in a lawful and sustainable manner.
To bring closure to this long-standing issue, and as promised by the Coalition Government, funding has been allocated in the National Budget to reinstate pension payments moving forward for those affected.
From 1st August 2024, pensioners who remained on reduced pensions have had their pension rates reinstated prospectively.
Immanuel says this measure, funded fully by taxpayers at a cost of approximately $57 million, complies with the Constitution and ensures that the burden is not placed on FNPF members.
He says the Government believes this approach strikes a fair and responsible balance — demonstrating compassion for affected pensioners while upholding the Constitution, protecting the retirement savings of current members, and safeguarding the long-term sustainability of the Fund.
