New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 30 August 2011
| Public Act | 1956 No 47 |
| Date of assent | 25 October 1956 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Treasury.
1 Short Title and commencement
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2C Superintendent of Government Superannuation Fund [Repealed]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3A Membership [Repealed]
3B Nomination of appointed members [Repealed]
3C Term of office of appointed members [Repealed]
5 Appointment of members of Appeals Board
8 Way in which appeals to be made
9 Right of appellant to receive evidence
10 Right of appellant to be heard
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
Government superannuation fund authority
15A Establishment of Government Superannuation Fund Authority
15E Funding of administrative expenses of Authority
15F Auditor-General to be auditor of Authority [Repealed]
15G Role of Board of Authority [Repealed]
15H Membership of Board [Repealed]
15I Further provisions applying to Board
15L Establishment of investment policies, standards, and procedures
15M Contents of statements of investment policies, standards, and procedures
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16A Interest on money held in error [Repealed]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
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19C Payment of administration expenses, etc [Repealed]
19D Powers in relation to Fund and schemes [Repealed]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
Part 2
Government service superannuation
20 This Part not to apply to certain persons
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
28 Right to cease to be contributor under Part 2
29 Contributions to be deducted from salary
31 Other contributions [Repealed]
32 Contributions while salary temporarily stopped
33 Election to contribute on higher salary in case of reduction
34 Application of Fund [Repealed]
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
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
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
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
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
61A Election to become contributor under this Part
61AA Special provisions in relation to elections made after 30 June 1992
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
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
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
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
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
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
73 Application of this Part to Solicitor-General
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
74D Service as a temporary Judge
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
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
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
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
81G Service as temporary Judge
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]
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
81OA Right to cease to be contributor under Part 5A
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]
Part 5B
Superannuation of Associate Judges
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
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
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
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
85 Elections to receive cash benefits, etc
85A Benefit where retired member who is not entitled to retiring allowance dies before receiving cash benefit
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
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
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]
Part 6A
Superannuation of members of Police
88B Members of Police to become and remain contributors to Fund under this Part
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
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
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
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
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
89 Payment of retiring allowances and annuities
89A Treatment of contributory service under one Part of the Act as contributory service under another Part
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
92A Contributor may grant charge over contributions
92B Contributor and chargeholder or potential chargeholder entitled to certain information
92C Procedure where charge notified
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
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
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
95D Information to be provided by controlling authorities
98 Reciprocal arrangements with other Commonwealth Governments or other bodies
Schedule 3
Further provisions relating to Appeals Board
Schedule 4
Further provisions relating to board of government superannuation fund authority
An Act to consolidate and amend the law relating to superannuation
Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
