Government Superannuation Fund (Transfer of Service) Regulations 1990

Reprint
as at 19 October 1990

Coat of Arms of New Zealand

Government Superannuation Fund (Transfer of Service) Regulations 1990

(SR 1990/295)

Paul Reeves, Governor-General

Order in Council

At Wellington this 15th day of October 1990

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Treasury.


Pursuant to sections 89A and 97 of the Government Superannuation Fund Act 1956, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Government Superannuation Fund (Transfer of Service) Regulations 1990.

    (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
3 Election to transfer service into service under Part 5A of Act
  • (1) Any person who—

    • (a) is appointed, on or after 1 April 1988, as a Judge or a Master or to the office of Solicitor-General, and becomes liable to pay contributions under Part 5A of the Act (as inserted by section 4 of the Government Superannuation Fund Amendment Act 1989); and

    • (c) is not in receipt of a retiring allowance payable under the Act—

    may, subject to these regulations, elect to have the period of contributory service under Part 2 or Part 2A or Part 3 or Part 3A of the Act treated as a period of judicial service.

    (2) No such election may be made in respect of any contributory service that has not continued to within 3 months before the date on which the person was appointed as a Judge or a Master or Solicitor-General, as the case may be.

4 Effect of election
  • (1) Where any election is made under these regulations, the service to which it relates shall, except as provided in subclause (2), be treated as judicial service for the purposes of Part 5A of the Act, but shall not be treated as judicial service for any other purpose.

    (2) Where any election is made under these regulations in respect of any service other than as Solicitor-General, the service to which it relates shall not be treated as judicial service for the purpose of section 81F(3) of the Act.

5 Reduction of previous service
  • (1) Except as provided in subclause (2), where, under any election made under these regulations, any service under Part 2 or Part 2A or Part 3 or Part 3A of the Act is to be treated as judicial service, that service shall be reduced by one-half for the purposes of Part 5A of the Act.

    (2) Nothing in subclause (1) shall apply to any service as Solicitor-General.

6 Procedure for making election
  • Every election under these regulations shall be made in writing and delivered to the Superintendent within 6 months after the appointment of the elector as a Judge or a Master or Solicitor-General, or before 1 January 1991, whichever is the later.

7 Repayment where contributions refunded
  • Where any person has made an election under these regulations in respect of any period of service for which the contributions have been refunded, that person shall pay to the Judges Superannuation Account the contributions refunded to him or her, together with compound interest on those contributions at the rate of 14% computed with yearly rests from the date on which the refund was made.

8 Contributions to be transferred to Judges Superannuation Account
  • Where an election is made under these regulations, the contributions paid in respect of the service to which the election relates shall be transferred to the Judges Superannuation Account.

9 Revocation
  • The Government Superannuation Fund (Transfer of Service) Regulations 1981 (SR 1981/243) are hereby revoked.

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe the conditions on which contributory service under Part 2 or Part 2A or Part 3 or Part 3A of the Government Superannuation Fund Act 1956 may be treated as judicial service.

The regulations are based on, and replace, the Government Superannuation Fund (Transfer of Service) Regulations 1981. The new regulations are necessary following the insertion of new Parts into the Government Superannuation Fund Act 1956.

Regulation 3 provides that persons who commence judicial service may elect to have any previous contributory service treated as judicial service for the purposes of Part 5A of the Act. The contributory service must have continued to within 3 months of the appointment as Judge, Master, or Solicitor-General, as the case may be.

Regulation 4 relates to the effect of an election under the regulations. The previous contributory service in respect of which the election is made will be treated, for example, as judicial service for the purpose of determining—

  • (a) the date on which a Judge becomes entitled to a retiring allowance; and

  • (b) the proportion of retiring salary that constitutes the retiring allowance; and

  • (c) the benefits payable to a spouse.

The previous service will not, unless it is service as Solicitor-General, be counted as judicial service for the purpose of section 81F(3) of the Act (which relieves a Judge from paying contributions after completing 16 years' judicial service).

Regulation 5 provides that where any previous contributory service is to be counted as judicial service, it shall count for one-half only of the equivalent period of judicial service. This does not apply in respect of service as Solicitor-General, which will count for a full equivalent period of judicial service.

Regulation 6 provides that an election to have previous contributory service treated as judicial service must be made within 6 months after the appointment of the person, or before 1 January 1991, whichever is the later.

Regulation 7 requires the repayment of any contributions that have been refunded in respect of contributory service that is the subject of an election under these regulations. Interest is payable on the amount that was refunded and has become repayable at the rate of 14%.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 October 1990.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Government Superannuation Fund (Transfer of Service) Regulations 1990. The reprint incorporates all the amendments to the regulations as at 19 October 1990, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)