The High Court in Suva has ruled in favor of a retired Nakasi resident, granting her $21,517.42 from her deceased son’s Fiji National Provident Fund (FNPF) savings. This decision, delivered on October 17 by Acting Puisne Judge Penijamini Lomaloma, is aimed at reimbursing the mother for the funeral and medical expenses she incurred before her son’s death. The court recognized her sacrifices, noting that she had used her own retirement funds to cover her son’s medical treatment and funeral costs following his separation from his wife over two years prior to his passing.
Justice Lomaloma underscored the mother’s commitment, stating, “The evidence shows the plaintiff cared for her sick son for over two years and spent her own retirement savings on his hospital treatment and funeral rites.” He asserted that fairness must prevail, leading to the decision to reimburse her expenditures linked to her son’s care and funeral from his FNPF account.
Upon reviewing the case, it emerged that the deceased, who died in January 2024, had not updated his FNPF nomination after remarrying, resulting in a total balance of $42,264.20—this includes an $8,500 death benefit—being transferred to the High Court as per the FNPF Act. Judge Lomaloma referenced the discretion allocated to the High Court under Section 57 of the FNPF Act to distribute funds in scenarios lacking a valid nomination.
The court approved the reimbursement of various expenses, including $4,278.42 for hospitalization at Oceania Hospital, $3,500 for additional medical costs and home care, $1,739 for morgue and cremation fees, and $12,000 for funeral services. Justice Lomaloma ordered that the remaining funds remain in the Chief Registrar’s Trust Account, as part of the estate of the deceased.
Moreover, the judge emphasized that the FNPF’s death benefit is specifically intended for funeral expenses. He raised a poignant query about the inconsistency of allowing fund withdrawals for a parent’s medical care during their lifetime, yet denying reimbursements to a mother who had utilized her own funds to support her ailing child.
This judgment comes at a crucial time when the policies of the FNPF are being closely examined, with past reforms sparking discussions among citizens. The conversations regarding the FNPF’s management of pensions and benefits underline the pressing need for transparency and fair treatment for all contributors.
The positive takeaway from this ruling reflects the court’s dedication to justice and the recognition of the significant roles caregivers hold in the lives of their loved ones. This decision reinforces the importance of financial responsibilities and social equity within Fiji’s economic framework, providing hope for individuals seeking fair treatment in managing their benefits and funds.