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Members of Parliament (Ex-Gratia Payment) Decree 2000

GOVERNMENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI

(INTERIM CIVILIAN GOVERNMENT DECREE NO. 16)

IN exercise of the powers conferred on the Military appointed Civilian Government under section 9 of the Interim Civilian Government (Establishment Decree) No.10 of 2000, I, Josaia Vorege Bainimarama MSD, jssc, psc, Commander and Head of Government of Fiji and acting on the advice of the Cabinet, hereby make this Decree-

Short title

1. This Decree may be cited as the Members of Parliament (Ex-Gratia Payment) Decree 2000.

Interpretation

2. In this Decree-

"full time office holders" includes the President and the Vice President, the Speaker and Deputy Speaker of the House of Representatives, the President and Deputy President of the Senate and the Leader of the Opposition;

"Members of Parliament" includes the President and Vice President, the Speaker and Deputy Speaker of the House of Representatives, the President and Deputy President of the Senate, staff of Parliament hired on contract, the Leader and Deputy Leader of Opposition, the Leader of the House and the Government and Opposition Whip.

Ex-gratia payment

3.-(1) A Member of Parliament is entitled to an ex-gratia lump sum payment of salary for 6 months from 29th May 2000 pegged at the level he or she was receiving prior to the prorogation of Parliament on 27th May 2000.

(2) Ministers and full time office holders are entitled to-

(a) 3 months housing allowance from 29th May 2000 provided that no such allowance is payable if such person resides in a Government Quarter for 3 months from 29th May 2000;

(b) in the case of those not normally resident in Suva - $600 disturbance allowance;

(c) in the case of Members of Parliament residing in Suva - the actual cartage costs of personal effects; and

(d) compensation of any unutilised leave earned during their tenure of office.

(3) Any medical expenses incurred by a medical practitioner visiting the hostages between 19th May and the date of the release of any hostage shall be paid by the Government.

(4) A Member of Parliament is not entitled to pro rata ex-gratia payment under this Decree if within 6 months from 29th May 2000, such Member of Parliament is appointed to a public office: PROVIDED THAT if any ex-gratia payment is made prior to the appointment, any amount paid shall be adjusted from the salaries, allowances or other benefits payable to such member.

(5) Pension entitlement of a Member of Parliament shall be paid at the end of the 6 months period after the payment of the ex-gratia payment to such Member.

(6) A Member of Parliament shall sign an indemnity agreement before the ex-gratia payment is made to such Member.

(7) The receipt of any ex-gratia payment under this Decree by a member of Parliament shall be in full settlement and satisfaction for any salary, allowances and any other benefit due to such a Member had the Government elected under the 1997 Constitution continued.

Made at Suva this 12th day of July 2000.

COMMODORE J.V. BAINIMARAMA
Commander and Head of Government

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