New Zealand Superannuation and Retirement Income Act 2001

  • Previous title has changed
26A Calculation of amount of New Zealand superannuation payable overseas

(1)

The proportion referred to in section 26(6) is to be calculated by—

(a)

treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and

(b)

adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and

(c)

adding the number of calendar months and the quotient calculated under paragraph (b); and

(d)

dividing by 540 the total calculated under paragraph (c).

(2)

In the determination for the purposes of subsection (1) of the periods during which a person has resided in New Zealand, no account is to be taken of—

(a)

any period of absence from New Zealand of a kind described in section 9(1); or

(b)

any period of absence from New Zealand—

(i)

while the person was engaged in missionary work as a member of, or on behalf of, any religious body; or

(ii)

while the person’s spouse or partner was engaged in missionary work as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or

(c)

any period of absence from New Zealand while the person was treated under section 79(3)(a) of the Social Security Act 1964 or regulations made under section 421 of the Social Security Act 2018 as being resident and present in New Zealand; or

(d)

any period of absence from New Zealand while, as the spouse or partner of a person treated under section 79(3)(a) of the Social Security Act 1964 or regulations made under section 421 of the Social Security Act 2018 as being resident and present in New Zealand, the person was also (by virtue of section 79(3)(b) of the Social Security Act 1964) treated as being resident and present in New Zealand.

(3)

Subsection (2) applies to a period of absence only if the chief executive is satisfied that during it the person concerned remained ordinarily resident in New Zealand.

(4)

Subsection (2)(b) applies to a period of absence only if the chief executive is satisfied that the person concerned either was born in New Zealand or—

(a)

in the case of a person to whom subsection (2)(b)(i) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to engage in the missionary work concerned:

(b)

in the case of a person to whom subsection (2)(b)(ii) applies, was ordinarily resident in New Zealand immediately before leaving New Zealand to accompany or join his or her spouse or partner.

Section 26A: inserted, on 5 January 2010, by section 6 of the New Zealand Superannuation and Retirement Income Amendment Act 2009 (2009 No 40).

Section 26A(2)(c): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 26A(2)(c): amended, on 10 April 2015, by section 12 of the Social Security Amendment Act 2015 (2015 No 41).

Section 26A(2)(d): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 26A(2)(d): amended, on 10 April 2015, by section 12 of the Social Security Amendment Act 2015 (2015 No 41).