Title

1 Short Title and commencement

Part 1
Preliminary

2 Interpretation

2A Application to certain employees of State enterprises

2B Application to certain employees of Crown Research Institutes

2C Superintendent of Government Superannuation Fund [Repealed]

2C Superannuation rights of certain former employees of Tokelau Public Service

Government Superannuation Appeals Board

3 Government Superannuation Appeals Board

3A Membership [Repealed]

3B Nomination of appointed members [Repealed]

3C Term of office of appointed members [Repealed]

4 Function of Appeals Board

5 Appointment of members of Appeals Board

6 Term of office

7 Appeals to Appeals Board

8 Way in which appeals to be made

9 Right of appellant to receive evidence

10 Right of appellant to be heard

11 Determination of appeals

12 Matters to be taken into account on appeal

12A Appeals Board to give notice of decision, etc

12B Decision on appeal to be final

12C Stating case for High Court

12D Further provisions relating to Appeals Board

Government superannuation fund

13 Government Superannuation Fund

13A Property of Fund

14 Money payable into Fund

15 Money payable out of Fund

Government superannuation fund authority

15A Establishment of Government Superannuation Fund Authority

15B Investment

15C Borrowing

15D Functions

15E Funding of administrative expenses of Authority

15F Auditor-General to be auditor of Authority [Repealed]

Board of authority

15G Role of Board of Authority [Repealed]

15H Membership of Board [Repealed]

15I Further provisions applying to Board

Investment of fund

15J Investment of Fund

15K No controlling interests

15L Establishment of investment policies, standards, and procedures

15M Contents of statements of investment policies, standards, and procedures

15N Statement of intent

15O Ministerial directions relating to investment of Fund

Further provisions relating to Fund

16 Reporting by Authority on Fund

16A Interest on money held in error [Repealed]

17 Property to be held for paying benefits

18 Interest on money held in error

Administration managers, investment managers, other service providers, and custodians

19 Administration and investment management and other service providers

19A Custodianship of Fund

Performance reviews

19B Performance reviews

Provisions relating to schemes

19C Payment of administration expenses, etc [Repealed]

19D Powers in relation to Fund and schemes [Repealed]

19E Discretionary powers of Authority

19F Statement of policies and exercise of discretionary powers

19G Delegation of Authority's functions or powers [Repealed]

19H Application of Superannuation Schemes Act 1989

19I Rights to information

Part 2
Government service superannuation

20 This Part not to apply to certain persons

Contributors

21 Contributors to the Fund

22 Election by employee to become a contributor

22A Compulsory contribution requirements [Repealed]

22B Staff of New Zealand High Commission Office, London [Repealed]

22BA Locally engaged staff of New Zealand High Commission in United Kingdom may elect to become contributors under Part 2A [Repealed]

23 Contributor may elect to contribute in respect of any prior part of service

23A Election to contribute in respect of notional service

24 Election to contribute in respect of previous contributory service

25 Election to contribute in respect of previous service as contributing employee under a National Provident Fund scheme

26 General provisions as to elections to become contributors

27 Continuity of service

28 Right to cease to be contributor under Part 2

Contributions

29 Contributions to be deducted from salary

30 Variable percentage scheme

31 Other contributions [Repealed]

32 Contributions while salary temporarily stopped

33 Election to contribute on higher salary in case of reduction

Benefits of the Fund

34 Application of Fund [Repealed]

35 Retiring allowance

36 Retiring allowance when contributor medically unfit for further duty

37 Increasing allowance for contributor retiring in consequence of injuries

38 Computation of retiring allowances on average salary for last 5 years of service

39 Proportionate reduction in contributory service if full contributions not paid [Repealed]

40 Election of variable retiring allowance to secure a level income

41 Election to receive refund of contributions instead of retiring allowance

42 Refund of contributions on retiring before entitled to retiring allowance

43 Election to continue contributory service after retirement

44 Re-employment of contributor after retiring on allowance

45 Benefits where contributor under this Part dies and leaves spouse or partner

46 Refund of contributions where contributor under this Part dies without leaving spouse or partner

47 Children's allowance

48 Annual allowances to surviving spouses, partners, or approved dependants in consideration of election to accept reduced retiring allowances

49 Payments to personal representatives

Cook Islands Public Service, Niue Public Service, and Tokelau Public Service

50 Provisions as to permanent officers becoming contributors [Spent]

50A Members of Cook Islands Public Service may elect to become contributors under Part 2A

50B Members of Niue Public Service and Tokelau Public Service may elect to become contributors under Part 2A

51 Computation of contributory service

51A Computation of refunds for redundant employees of Niue Public Service

Education service

52 Contributors entitled to pensions from University

52A University contributors entering approved external employment

52B Contributors to Federated Superannuation Scheme for Universities

53 Teachers in endowed colleges or schools

54 Teachers and education administrators serving in Pacific area

Employees of service organisations

55 Employees of service organisations

Allowances

56 Allowances may be declared to be salary [Repealed]

57 Refund of contributions on allowances no longer included in salary [Repealed]

58 Value of benefits for house, board, or lodging may be added to salary

Miscellaneous provisions

59 Computation of salaries of overseas representatives and their officers

60 Contributions to Fund may be applied in restitution of public money misappropriated by contributor

60A Reactivation of contributory service

61 Power to postpone superannuation rights of members of Parliament

Part 2A
New government service superannuation scheme

Eligibility and contributions

61A Election to become contributor under this Part

61AA Special provisions in relation to elections made after 30 June 1992

61B Rate of contribution

61C Contributor may elect to contribute in respect of prior service

61D Continuity of service for the purposes of this Part

Application of this part to contributors under Part 2

61E Contributors under Part 2 may become contributors under this Part

61F Rate of contributions by former contributors under Part 2

61G Contribution rates where contributor under Part 2 was also contributing in respect of previous service

61H Effect of contributions in respect of period before person becomes contributor

Benefits and withdrawal rights

61I Entitlement to retiring allowance

61J Retiring allowance of contributor who has been contributing since before 1946

61K Retiring allowance where contributor medically unfit

61L Computation of retiring allowance

61M Benefits where contributor under this Part dies before becoming entitled to retiring allowance and leaves spouse or partner

61N Benefits where contributor under this Part dies after becoming entitled to retiring allowance and leaves spouse or partner

61O Benefit where contributor under this Part dies without leaving spouse or partner

61P Reduction of allowance or annuity where contributor was a contributor under section 30

61Q Children's allowance

61R Right to cease to be contributor under Part 2A

61S Rights and benefits where contributor ceases Government service

Application of other provisions

61T Sections to apply to contributors and contributions under this Part

Part 3
Superannuation of members of armed forces

62 Interpretation

62A Application of Part 3

63 Application of Part 2 to permanent members of regular forces and regular servicemen

63A Rates of contribution to the Fund by permanent members of the regular forces and regular servicemen

63B Flat rate contributions

64 Provisions as to permanent members and regular servicemen becoming contributors

65 Election to contribute in respect of previous service in Her Majesty's forces

66 Provisions as to previous contributory service otherwise than in Her Majesty's forces

66A Contributions under special armed forces scheme by member with previous contributory service otherwise than in armed forces

66B Flying Qualification Pay and Surveying Pay

67 General provisions as to elections

68 Retiring allowance of permanent members and regular servicemen compulsorily retired

69 Retiring allowance when contributing member medically unfit for further duty

70 Contributors entering Government service after retirement from regular forces

70A Contributor to special armed forces scheme entering Government service

71 Effect of loss of pay through punishment

Part 3A
Superannuation of members of armed forces after 4 December 1986

71A Interpretation

71B Application

71C Members of regular forces to become and remain contributors to Fund under this Part

71D Contributors under Part 3 to become contributors under this Part

71E Existing members of regular forces may elect to become contributors under this Part

71F Rate of contributions

71G Entitlement to retiring allowance

71H Entitlement to retiring allowance where retirement on grounds of disability

71I Contributions and contributory service where contributor disciplined or service otherwise interrupted

71J Benefits where member of regular forces dies while deserter or dies or is discharged while absent without leave

71JA Right to cease to be contributor under Part 3A

71K Benefits where contributor leaves regular forces and is not entitled to retiring allowance

71L Benefits on death of contributor

71M Election to surrender proportion of retiring allowance and receive cash payment

71N Right to defer retiring allowance to age 55 or 60 in return for lump sum at retirement

71O Contributions in respect of previous service in armed forces

71P Option where contributor on leave of absence without salary

71Q Election to contribute in respect of previous Government service

71R Election to contribute at former rate where salary reduced

71S Sections to apply to contributors and contributions under this Part

Part 4
Superannuation of Judges and Solicitor-General

Interpretation and application

72 Interpretation

73 Application of this Part to Solicitor-General

74 Application of this Part

74A Application of this Part to Judges to whom Parts 4 and 5 applied

74B Application of this Part to Judge of or over age of 63 years on appointment

Contributions

74C Contributions

74D Service as a temporary Judge

Retiring allowances

74E Entitlement of Judge to retiring allowance

74F Minimum retiring allowance for certain Judges who retire at 68 years of age or over

74G Minimum retiring allowance for Judge who resigns on grounds of incapacity

Refund of contributions

74H Power to elect to receive refund of contributions instead of retiring allowance

74I Entitlement to refund where no entitlement to retiring allowance

74IA Rights and benefits where judicial service ceases other than on death

Payments to spouses or partners and dependants

74J Benefits payable on death of Judge

Capitalisation of retiring allowance or annuity

74K Election to surrender proportion of retiring allowance or annuity and receive cash payment [Repealed]

Minimum payments in respect of certain Judges

74L Certain Judges or surviving spouses or partners to be entitled to minimum payments

Accounting

74M Judges Superannuation Account

Part 4A
Superannuation of Masters

74N Interpretation [Repealed]

74O Masters may elect to contribute under Part 4 of this Act [Repealed]

74P Judges appointed as Masters may elect to continue to contribute under Part 4 [Repealed]

74Q Part-time Masters [Repealed]

74R Masters may elect to continue to contribute under Parts 2, 2A, 3, or 3A [Repealed]

74S Master deemed to have retired on expiration of term of appointment [Repealed]

74T Transitional provision [Repealed]

Part 5
Superannuation of Judges appointed before 1 January 1981

75 Interpretation [Repealed]

75A Application of this Part [Repealed]

76 Retiring allowances of Judges [Repealed]

77 Election to contribute for widow's annuity [Repealed]

78 Contributions [Repealed]

79 Annuity to widow or refund of contributions on death of contributor [Repealed]

79A Election by Judge or surviving spouse to surrender proportion of retiring allowance or annuity and receive cash payment [Repealed]

80 Refund of contributions where Judge unmarried after retirement [Repealed]

81 Judges' Superannuation Account [Repealed]

Part 5A
Superannuation of Judges and Solicitor-General as from commencement of 1 April 1988

Interpretation and application

81A Interpretation

81B Application of this Part to Judges

81C Application of this Part to persons to whom Part 4 applies

81D Application of this Part to Judge of or over age of 63 years on appointment

81E Application of this Part to Solicitor-General

Contributions

81F Contributions

81G Service as temporary Judge

Retiring allowances

81H Entitlement of Judge to retiring allowance

81I Computation of retiring allowance

81J Minimum retiring allowance for Judge who resigns on grounds of incapacity [Repealed]

Death benefits

81K Minimum annuity payable to eligible spouse or partner of deceased Judge

81L Benefits where Judge dies while in office and leaves spouse or partner

81M Benefits where Judge dies after becoming entitled to retiring allowance and leaves spouse or partner

81N Benefit where Judge dies without leaving spouse or partner

81O Children's allowance

81OA Right to cease to be contributor under Part 5A

Benefits on ceasing service

81P Rights and benefits where Judge ceases judicial service

81Q Benefits where Judge who has made election under section 81P(1)(c) dies before becoming entitled to retiring allowance

81R Benefits where Judge dies before making election under section 81P(1)

81S Calculation of transfer value

81T Calculation of retiring allowance payable to Judge who has made election under section 81P(1)(c)

81U Determination of amount of refund

81UA Election by Solicitor-General to continue to contribute to Judges Superannuation Account after retirement from office

Minimum payments in respect of certain Judges

81V Certain Judges or surviving spouses to be entitled to minimum payments [Repealed]

Subsidy

81W Provision for payments

Part 5B
Superannuation of Associate Judges

81X Interpretation

81XA Application

81Y Associate Judges may elect to contribute under Part 5A

81Z Judges appointed as Associate Judges may elect to continue to contribute under Part 5A

81ZA Part-time Masters

81ZB Associate Judges may elect to continue to contribute under Parts 2, 2A, 3, or 3A

81ZC Associate Judges deemed to have retired on expiration of term of appointment

Part 6
Parliamentary superannuation

82 Interpretation

82A Application

Contributions

83 Contributions by members

83A Subsidy of 11 percent from Consolidated Fund [Repealed]

83B Election to contribute in respect of notional service

83C Interest payments not to count as contributions

Retiring allowances

84 Retiring allowance of members

84A Election to surrender portion of retiring allowance and receive cash payment

84AA Special right of person who has not attained 50 years to elect to surrender proportion of retiring allowance and receive cash payment

84B Right to defer retiring allowance to age 55 years or 60 years in return for lump sum on retirement

84C Election of variable retiring allowance to secure level income

Cash benefits

85 Elections to receive cash benefits, etc

85A Benefit where retired member who is not entitled to retiring allowance dies before receiving cash benefit

Re-election

85B Re-election as member before receiving any payment [Repealed]

85C Re-election as member after receiving cash benefit [Repealed]

85D Re-election as member before attaining age at which retiring allowance is payable [Repealed]

86 Re-election as member after retiring

Death benefits

86A Benefits where member dies and leaves spouse or partner

86B Benefits where retired member dies before becoming entitled to retiring allowance and leaves spouse or partner

86C Benefits where retired member dies after becoming entitled to retiring allowance and leaves spouse or partner

86D Benefit where member or retired member dies without leaving spouse or partner

86E Children's allowance

86F Election to surrender proportion of annuity and receive cash payment

86FA Right to cease to be contributor under Part 6

Exclusion of annual adjustment

87 Exclusion of provision for annual adjustment [Repealed]

Subsidy

88 Provision for payments

Part 6A
Superannuation of members of Police

Application of this part

88A Application

88B Members of Police to become and remain contributors to Fund under this Part

88C Rate of contributions

88D Calculation of contributory service of contributors who become members of Police after 1 May 1985 and existing members who retire or die before attaining the age of 55 years

88E Calculation of contributory service of certain contributors who became members of Police before 1 May 1985 and who retire or die after attaining the age of 55 years

Benefits

88F Computation of retiring allowance

88G Increases to benefits where contributor leaves Police under certain provisions due to lack of fitness

88H Benefits where contributor leaves Police other than on death, retirement, or due to lack of fitness

88HA Right to cease to be contributor under Part 6A

88I Benefits on death of contributor

Miscellaneous provisions

88J Option where contributor on leave of absence without salary

88K Contributor may elect to contribute in respect of prior service or notional service

88L Service in Cook Islands, Niue, and Tokelau

Application of other provisions

88M Sections to apply to contributors and contributions under this Part

Part 6B
Superannuation of members of Prisons Service

88N Application

88NA Application to certain members of Prisons Service appointed on contract

88O Members of Prisons Service who may contribute to Fund under Part 6B of principal Act

88P Right of contributors under Part 2 of Government Superannuation Fund Amendment Act 1962 to cease to pay contributions after 32 years' contributory service

88PA Right to cease to contribute under Part 6B of principal Act

88Q Rate of contributions

88R Calculation of contributory service

88S Entitlement to retiring allowance

88T Calculation of retiring allowance

88U Benefits where contributor leaves Prisons Service other than on death or retirement

88V Benefits on death of contributor

88W Option where contributor on leave of absence without salary

88X Contributor may elect to contribute in respect of prior service or notional service

88Y Service in Cook Islands, Niue, and Tokelau

88Z Sections to apply to contributors and contributions under this Part

Part 7
General provisions

88ZA Application of this Part

89 Payment of retiring allowances and annuities

89A Treatment of contributory service under one Part of the Act as contributory service under another Part

89B Other contributions

89C Refund of contributions on allowances no longer included in salary [Repealed]

89D Interest payments by contributor not to count as contributions

89E Options where contributions not fully paid

90 Recovery of money paid without lawful authority

90A Conflicting claims of spouses or partners

91 Election to surrender proportion of retiring allowance and receive cash payment

91A Election to surrender proportion of annuity and receive cash payment

91B Surrender of part of retiring allowance for allowance to another person

92 Retiring allowances not alienable

Charging of contributions

92A Contributor may grant charge over contributions

92B Contributor and chargeholder or potential chargeholder entitled to certain information

92C Procedure where charge notified

92D Payment of charge

92E Rights of chargeholder

92F Procedure for Payment of charge

92G Effect on contributor of payment to chargeholder

92H Effect on annuities, allowances, and other payments of payment to chargeholder

92I Giving of notices

92J Authority may apply to Court for directions

92K Person not to become a contributor while a contributing employee under National Provident Fund Act 1950

93 Financial statements

93A Audit

93B Annual report

94 Actuarial examinations of Fund

95 Annual subsidies up to 1 July 1991 from Government and from funds or accounts out of which contributors' salaries are paid

95AA Authority to incur certain expenses

95A Timing of transfer of employee contributions to Fund

95B Interest payable on overdue amounts

95C Recovery of debts

95D Information to be provided by controlling authorities

96 Offences

97 Regulations

98 Reciprocal arrangements with other Commonwealth Governments or other bodies

99 Repeals and savings

Schedule 1
Notice of charge

Schedule 2
Enactments repealed

Schedule 3
Further provisions relating to Appeals Board

Schedule 4
Further provisions relating to board of government superannuation fund authority

Reprint notes