Government Superannuation Fund Amendment Act 1976

Government Superannuation Fund Amendment Act 1976

Public Act1976 No 30
Date of assent1 November 1976

Note

This Act is administered in the Government Superannuation Fund Department.


Contents

Title


BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Government Superannuation Fund Amendment Act 1976, and shall be read together with and deemed part of the Act heretofore known as the Superannuation Act 1956 (hereinafter referred to as the principal Act).

    (2) Sections 2(1), 5, 6, 8, 9, 10, 11, 20, 21, 27, 31, 33, 35, and 37 of this Act and Schedule 3 thereto shall be deemed to have come into force on the 1st day of April 1975; sections 12 and 13 of this Act shall be deemed to have come into force on the 15th day of April 1976; and the remaining provisions of this Act shall come into force on the date on which this Act receives the Governor-General's assent.

2 Interpretation
  • (1) This subsection inserted definitions of Financial year and spouse in section 2(1) of the principal Act.

    (2) This subsection substituted the definition of Education service in section 2(1) of the principal Act.

    (3) This subsection amended the definition of Government service in section 2(1) of the principal Act.

    (4) The following enactments are hereby consequentially repealed:

    • (a) Section 2 of the Act heretofore known as the Superannuation Amendment Act 1959:

    • (c) Section 2 of the Act heretofore known as the Superannuation Amendment Act 1964:

3 Alteration of Short Titles of Acts
4 Interest on money held in error
  • [Repealed]

    Section 4 was repealed, as from 1 October 1995, by section 31 Government Superannuation Fund Amendment Act 1995 (1995 No 28).

5 General provisions as to elections to become contributors
6 Variable percentage scheme
7 Retiring allowance
8 Death of male contributor
  • [Repealed]

    Sections 8 and 9 were repealed, as from 29 March 1985, by section 22(3) Government Superannuation Fund Amendment Act 1985 (1985 No 62).

9 Death of female contributor
  • [Repealed]

    Sections 8 and 9 were repealed, as from 29 March 1985, by section 22(3) Government Superannuation Fund Amendment Act 1985 (1985 No 62).

10 Reactivation of contributory service
11 Cost of living adjustment
12 Percentage of annual adjustment
  • (1) This subsection substituted section 5(1) of the Government Superannuation Fund Amendment Act 1969.

    (2) [Repealed]

    (3) This subsection added section 5(3) of the Government Superannuation Fund Amendment Act 1969.

    (4) In any case where this section operates during any period to reduce the amount that would otherwise be payable to any person under the principal Act, the amount payable to that person during that period under that Act shall be calculated as if this section had not been passed.

    Subsection (2) was repealed, as from 25 December 1986, by section 33(7) Government Superannuation Fund Amendment Act 1986.

13 Initial adjustments
14 Removal of limit to amount of adjustments
15 Annuity to spouse who remarries
  • [Repealed]

    Section 15 was repealed, as from 29 March 1985, by section 22(3) Government Superannuation Fund Amendment Act 1985 (1985 No 62).

16 Board may make certain adjustments
17 Adjustments to allowances, etc, payable before commencement of this Act
  • The adjustments to any retiring allowance, annual allowance, or annuity payable before the commencement of this section shall be made as if this Act had commenced on the 31st day of March 1956:

    Provided that no increased payment shall be made in respect of any period before the 15th day of April 1976.

18 Interpretation to Part 3
19 Application of Part 2 to permanent members of regular forces and regular servicemen
20 Rates of contribution to Fund of permanent members of regular forces and regular servicemen
21 Flat rate contributions
22 Provisions as to permanent members and regular servicemen becoming contributors
23 Elections to contribute in respect of previous service in Her Majesty's forces
24 Previous contributory service otherwise than in Her Majesty's forces
25 Contributions under special armed forces scheme by member with contributory service otherwise than in armed forces
26 Retiring allowance of permanent members or regular servicemen compulsorily retired
27 Contributors entering Government service after retirement from regular forces
28 Contributor to special armed forces scheme entering Government service
29 Effect of loss of pay through punishment
30 Annuity to spouse or refund of contributions on death of contributor
  • (1) This subsection substituted paragraphs (a) and (b) of section 79(1) of the principal Act.

    (2) The following enactments are hereby consequentially repealed:

    • (a) Subsections (1) and (2) of section 14 of the Act heretofore known as the Superannuation Amendment Act 1964:

    • (b) Section 2(2) of the Act heretofore known as the Superannuation Amendment Act 1965:

31 Election to receive refund of contributions
  • [Repealed]

    Section 31 was repealed, as from 29 March 1985, by section 22(3) Government Superannuation Fund Amendment Act 1985 (1985 No 62).

32 Annuity to spouse and allowance to children or refund of contributions on death of member
  • [Repealed]

    Section 32 was repealed, as from 1 April 1987, by section 8 Government Superannuation Fund Amendment Act 1987 (1987 No 187).

33 Conflicting claims of spouses
34 Annual subsidies from Government
  • [Repealed]

    Section 34 was impliedly repealed, as from 20 November 1979, by section 20(2) Government Superannuation Fund Amendment Act 1979 (1979 No 46).

35 Employers' contributions in respect of prescribed period to be added to refunds and transfer values
  • (1) Every transfer value that is provided in accordance with the principal Act (as amended by section 37 of the Government Superannuation Fund Amendment Act 1976), or that is determined in accordance with regulations made under the principal Act and every refund of contributions that is made in accordance with the principal Act, to or in respect of a contributor (other than a contributor under Part 6 of the principal Act), shall, if his contributory service includes the whole or any part of his prescribed period, include an amount in respect of employer's contributions equal to the minimum amount that would have been required in respect of employer's contributions if a transfer value had been determined in accordance with regulation 26 of the New Zealand Superannuation Regulations 1974 for that prescribed period.

    (2) Where an amount in respect of employer's contributions has been included in any transfer value provided, or in any refund of contributions made, to or in respect of a contributor, subsection (1) of this section shall not in any circumstances thereafter apply to or in respect of that contributor.

    (3) In this section,—

    Prescribed date, in relation to any contributor, means such date not earlier than the 15th day of December 1975 and not later than the 31st day of January 1976 as his controlling authority may determine

    Prescribed period, in relation to any contributor, means the period commencing on the 1st day of April 1975 and ending with the prescribed date.

36 Correction of out of date provisions
  • (1) 

    (2) The following enactments are hereby repealed:

    • (a) Section 3 of the Act heretofore known as the Superannuation Amendment Act 1957:

    • (b) Section 2(4) of the Act heretofore known as the Superannuation Amendment Act 1959.

37 Temporary amendments to principal Act
  • The principal Act shall, in relation to the period commencing on the 1st day of April 1975 and ending with the time of the repeal of the New Zealand Superannuation Act 1974, be read as if the sections specified in the first column of Schedule 3 to this Act had been amended in the manner specified in the second column of that Schedule.