FORMER prime minister Voreqe 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, argued his lawyer, Devanesh Sharma, before the Court of Appeal.
Mr Sharma made the submission as he challenged a High Court decision dismissing Mr Bainimarama’s claim against the Government and the Attorney-General over the calculation of his pension entitlements.
He argued that the 75 per cent pension entitlement should be based on the salary payable when Mr 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 it was intended to operate only until December 31, 2020.
Solicitor-General Ropate Green, representing the respondents, 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rates, as Section 11 of the Parliamentary Remunerations Act 2014 provided that a determination remained in force until superseded.
The appeal challenges Justice Daniel Goundar’s judgment. Mr Bainimarama seeks 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 by Justices Pamela Andrews, Gus Andree Wiltens and Michael Buss, who will deliver the judgment on November 27.
