The High Court in Suva has mandated that a retired resident of Nakasi receive $21,517.42 from her late son’s Fiji National Provident Fund (FNPF) savings. This ruling aims to reimburse her for funeral and medical expenses incurred prior to her son’s passing. In the judgment delivered on October 17 by Acting Puisne Judge Penijamini Lomaloma, it was established that the mother demonstrated that she had personally financed her son’s medical treatment and funeral after his separation from his wife, which took place over two years before his death.
Justice Lomaloma acknowledged the mother’s dedication, 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 emphasized that fairness must prevail and consequently ordered the reimbursement of the funds expended for her son’s medical care and funeral from the FNPF account he had accumulated during his lifetime.
Upon reviewing the case, it was revealed that the deceased, who passed away in January 2024, had not updated his FNPF nomination after marrying. As a result, the total balance of $42,264.20—including an $8,500 death benefit—was transferred to the High Court in compliance with the FNPF Act. Judge Lomaloma highlighted the discretion given to the High Court under Section 57 of the FNPF Act to determine the distribution of funds when no valid nomination exists.
The court approved repayments for 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 rituals. Justice Lomaloma ordered the remaining funds to stay within the Chief Registrar’s Trust Account, as part of the deceased’s estate.
Significantly, the judge pointed out that the FNPF’s death benefit is designated for funeral expenses. He raised a critical point regarding the logic of allowing members to withdraw funds for a parent’s medical care while alive, yet denying reimbursement to a mother who utilized her own funds to support her ailing son.
This ruling comes at a time when the FNPF’s policies are under scrutiny, with past reforms affecting many citizens. The ongoing debates on the FNPF’s handling of pensions and benefits highlight the necessity for transparency and fair treatment of all contributors.
The hopeful aspect of this case reflects the court’s commitment to justice and the acknowledgment of the vital roles caregivers play in the lives of their loved ones. Such rulings reinforce the importance of temporal responsibilities and social equity within Fiji’s financial landscape, offering a positive outlook for individuals seeking fairness in the management of their funds and benefits.