New Zealand Superannuation and Retirement Income Act 2001

  • This version was replaced on 18 December 2017 to make corrections to sections 32(1)(b) and 43 under section 25(1)(k) of the Legislation Act 2012.
  • Previous title has changed
12 Standard rates of New Zealand superannuation

(1)

The rate of New Zealand superannuation payable to any person is the appropriate rate stated in clause 1 or clause 2 of Schedule 1.

(2)

A person who is married or in a civil union or in a de facto relationship and whose spouse or partner is not entitled to receive New Zealand superannuation may elect to receive the appropriate rate stated in either clause 1 or clause 2 of that schedule.

(3)

However, an election to receive New Zealand superannuation under clause 2 of Schedule 1 does not take effect until the employment has ceased in a case where—

(a)

that person’s spouse or partner is or was in employment under a contract of service; and

(b)

the combined income of the person and his or her spouse or partner, during that employment, is or was enough to prevent receipt of New Zealand superannuation under clause 2 of that schedule.

(4)

A person who has made an election under subsection (2) may at any time change that election.

Compare: 1990 No 26 s 6

Section 12(2): amended, on 1 April 2007, by section 4 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 12(2): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 12(3)(a): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 12(3)(b): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).