Government Superannuation Fund Act 1956

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Reprint as at 7 August 2020

Government Superannuation Fund Act 1956

Public Act		1956 No 47
Date of assent		25 October 1956
Commencement		see section 1(2)

Act name: replaced, on 1 November 1976, pursuant to section 3(1) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Treasury.

	Title
1	Short Title and commencement
	Part 1 Preliminary
2	Interpretation
2A	Application to certain employees of State enterprises
2B	Application to certain employees of Crown Research Institutes
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3A	Membership [Repealed]
3B	Nomination of appointed members [Repealed]
3C	Term of office of appointed members [Repealed]
4	Function of Appeals Board
5	Appointment of members of Appeals Board
6	Term of office
7	Appeals to Appeals Board
8	Way in which appeals to be made
9	Right of appellant to receive evidence
10	Right of appellant to be heard
11	Determination of appeals
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
13A	Property of Fund
14	Money payable into Fund
15	Money payable out of Fund
	Government Superannuation Fund Authority
15A	Establishment of Government Superannuation Fund Authority
15B	Investment
15C	Borrowing
15D	Functions
15E	Funding of administrative expenses of Authority
15F	Auditor-General to be auditor of Authority [Repealed]
	Board of Authority
15G	Role of board of Authority [Repealed]
15H	Membership of board [Repealed]
15I	Further provisions applying to board
	Investment of Fund
15J	Investment of Fund
15K	No controlling interests
15L	Establishment of investment policies, standards, and procedures
15M	Contents of statements of investment policies, standards, and procedures
15N	Forecast financial statements
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
19A	Custodianship of Fund
	Performance reviews
19B	Performance reviews
	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 Superintendent’s functions or powers [Repealed]
19H	Application of Part 4 of Financial Markets Conduct Act 2013
19I	Rights to information
	Part 2 Government service superannuation
20	This Part not to apply to certain persons
	Contributors
21	Contributors to the Fund
22	Election by employee to become a contributor
22A	Compulsory contribution requirements [Repealed]
22B	Locally engaged staff of New Zealand High Commission in United Kingdom [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
27	Continuity of service
28	Right to cease to be contributor under Part 2
	Contributions
29	Contributions to be deducted from salary
30	Variable percentage scheme
31	Other contributions [Repealed]
32	Contributions while salary temporarily stopped
33	Election to contribute on higher salary in case of reduction
	Benefits of the Fund
34	Application of Fund [Repealed]
35	Retiring allowance
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
47	Children’s allowance
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, Tokelau Public Service, and Western Samoan Public Service
50	Provisions as to permanent officers becoming contributors [Expired]
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
	Education 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
	Allowances
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
	Miscellaneous provisions
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
	Eligibility and contributions
61A	Election to become contributor under this Part
61AA	Special provisions in relation to elections made after 30 June 1992
61B	Rate of contribution
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 [Repealed]
61H	Effect of contributions in respect of period before person becomes contributor [Repealed]
	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
61Q	Children’s allowance
61R	Right to cease to be contributor
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
62	Interpretation
62A	Application of Part 3
63	Application of Part 2 to permanent members of regular forces and regular servicemen
63A	Rates of contribution to Fund of permanent members of regular forces and regular servicemen
63B	Flat rate contributions
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 or 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
71A	Interpretation
71B	Application
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
71F	Rate of contributions
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
72	Interpretation
73	Application of this Part to Solicitor-General
74	Application of this Part
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
	Contributions
74C	Contributions
74D	Service as a temporary Judge
	Retiring allowances
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
	Refund of contributions
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 [Repealed]
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
	Accounting
74M	Judges Superannuation Account
	Part 4A Superannuation of Masters [Repealed]
74N	Interpretation [Repealed]
74O	Masters may elect to contribute under Part 4 [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 [Repealed]
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
81A	Interpretation
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
	Contributions
81F	Contributions
81G	Service as temporary Judge
	Retiring allowances
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]
	Death benefits
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
81O	Children’s allowance
81OA	Right to cease to be contributor under Part 5A
	Benefits on ceasing service
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 [Repealed]
81V	Certain Judges or surviving spouses to be entitled to minimum payments [Repealed]
	Subsidy
81W	Provision for payments
	Part 5B Superannuation of Associate Judges
81X	Interpretation
81XA	Application
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
81ZA	Part-time Associate Judges
81ZB	Associate Judges may elect to continue to contribute under Parts 2, 2A, 3, or 3A
81ZC	Associate Judge deemed to have retired on expiration of term of appointment
	Part 6 Parliamentary superannuation
82	Interpretation
82A	Application
	Contributions
83	Contributions by members
83A	Taxation exemption in respect of contributions [Repealed]
83B	Election to contribute in respect of notional service
83C	Interest payments not to count as contributions
	Retiring allowances
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
	Cash benefits
85	Elections to receive cash benefits, etc
85A	Benefit where retired member who is not entitled to retiring allowance dies before receiving cash benefit
	Re-election
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
	Death benefits
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
86E	Children’s allowance
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 [Repealed]
87	Exclusion of provision for annual adjustment [Repealed]
87A	Annual adjustments [Repealed]
87B	Election to surrender proportion of retiring allowance or annuity and receive cash payment [Repealed]
	Subsidy
88	Provision for payments
	Part 6A Superannuation of members of Police
	Application of this Part
88A	Application
88B	Members of Police to become and remain contributors to Fund under this Part
88C	Rate of contributions
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
	Benefits
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
	Miscellaneous provisions
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
88N	Application
88NA	Application to certain members of prisons service appointed on contract
88O	Members of prisons service who may contribute to Fund under Part 6B
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
88Q	Rate of contributions
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
	Part 7 General provisions
88ZA	Application of 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
89B	Other contributions
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
	Charging of contributions
92A	Contributor may grant charge over contributions
92B	Contributor and chargeholder or potential chargeholder entitled to certain information
92C	Procedure where charge notified
92D	Payment of charge
92E	Rights of chargeholder
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
92I	Giving of notices
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
93	Financial statements
93A	Audit
93B	Annual report
94	Actuarial examinations of Fund
95	Annual subsidies 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
95C	Recovery of debts
95D	Information to be provided by controlling authorities
96	Offences
97	Regulations
98	Reciprocal arrangements with other Commonwealth Governments or other bodies
99	Repeals and savings
	Schedule 1 Notice of charge
	Schedule 2 Enactments repealed
	Schedule 3 Further provisions relating to Appeals Board
	Schedule 4 Further provisions relating to board of Government Superannuation Fund Authority
	Government Superannuation Fund Amendment Act 1957
	Government Superannuation Fund Amendment Act 1961
	Government Superannuation Fund Amendment Act 1962
	Government Superannuation Fund Amendment Act 1969
	Government Superannuation Fund Amendment Act 1970
	Government Superannuation Fund Amendment Act 1972
	Government Superannuation Fund Amendment Act 1973
	Government Superannuation Fund Amendment Act 1974
	Government Superannuation Fund Amendment Act 1976
	Government Superannuation Fund Amendment Act 1979
	Government Superannuation Fund Amendment Act 1980
	Government Superannuation Fund Amendment Act 1985
	Government Superannuation Fund Amendment Act (No 2) 1985
	Government Superannuation Fund Amendment Act 1986
	Government Superannuation Fund Amendment Act 1987
	Government Superannuation Fund Amendment Act 1988
	Government Superannuation Fund Amendment Act 1989
	Government Superannuation Fund Amendment Act 1990
	Government Superannuation Fund Amendment Act (No 2) 1990
	Government Superannuation Fund Amendment Act 1992
	Government Superannuation Fund Amendment Act (No 2) 1992
	Government Superannuation Fund Amendment Act 1995
	Government Superannuation Fund Amendment Act 2001
	Government Superannuation Fund Amendment Act 2005
	Reprint notes

An Act to consolidate and amend the law relating to superannuation

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