Government Superannuation Fund Amendment Act 1969

1: Short Title and commencement
1: This Act may cited as the Government Superannuation Fund Amendment Act 1969 the Government Superannuation Fund Act 1956
2: This Act shall be deemed to have come into force on the 15th day of June 1969. In subsection (1) substituted 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 substituted 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
2: Rates of contribution to Fund
1: This subsection substituted new paras (a) (b)
2: This subsection substituted a new Schedule for the original Schedule to the Government Superannuation Fund Amendment Act 1962
3: In any case where, upon the commencement of this Act, any contributor or class of contributors becomes liable under the foregoing provisions of this section to contribute to the Fund at a rate 1 percent higher than that being contributed previously, the Superintendent Superintendent Superintendent
4: Any person who immediately before the commencement of this Act was a contributor under Part 2 3 Superintendent
a: Paragraph (b)
b: Part 2 Government Superannuation Fund Amendment Act 1962
5: Where any person so elects, as from the commencement of this Act,—
a: Any contributions payable by that person while he continues to be a contributor shall be payable in accordance with his election; and
b: Any retiring allowance payable to that person, and any allowance payable to an approved dependant of that person, and any annuity payable to the surviving spouse or partner and the Government Superannuation Fund Amendment Act 1972
6: Where any person has made an election under subsection (4) of this section, that election may, with the consent of the Superintendent
7: Notwithstanding anything in subsection (4) or subsection (5) of this section, any contributor who has made an election pursuant to the said subsection (4), and whose contributory service has not terminated before the 1st day of April 1975, shall, on and after that date while he remains a contributor, be liable to contribute to the Fund at a rate 1 percent higher than the rate that he was contributing previously, and any such contributor who is affected by this subsection may, at the discretion of the Superintendent Superintendent Provided that the additional contribution of 1 percent shall be proportionately adjusted in the case of any contributor who (under the provisions of subsection (7) section 6 Government Superannuation Fund Amendment Act 1976 subsection (7) section 21 Government Superannuation Fund Amendment Act 1976 section 30
8: Where any contributor who has not made an election under subsection (7) has made an election under subsection (4), and the contributor's contributory service has not terminated before 1 April 1975, the proportion of the percentage to be applied to any retiring allowance, annual allowance, or annuity in accordance with section 5
a: 90%; and
b: 80% plus a percentage calculated in accordance with the following formula: Where—
h: is the period of contributory service before 1 April 1975; and
p: is the period of contributory service after 1 April 1975,— the calculation to be the nearest whole number percent unless the application of the formula gives a figure exactly 0.5% below a whole number percent, in which case the calculation must be to the nearest whole number percent above.
9: Nothing in subsection (8) of this section shall apply in respect of any contributor under Part 2A 3A 6A 6B section 16 17 Government Superannuation Fund Amendment Act 1986
10: Inserted, as from 29 March 1985, by s 8(1) Government Superannuation Fund Amendment Act 1985 s 33(1) Government Superannuation Fund Amendment Act 1986 Subsections (3) (4) amended 1 October 1995 by substituting the word Superintendent Board Subsection (5) amended 26 April 2005 section 10(3) Government Superannuation Fund Amendment Act 2005 by substituting the words surviving spouse or partner widow or dependent widower Subsection (5)﻿(b) amended 20 April 1972 section 2(2) Government Superannuation Fund Amendment Act 1972 by inserting the words and the Superannuation Amendment Act 1972 substituted 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Subsection (6) inserted 27 November 1970 section 4 Government Superannuation Fund Amendment Act 1970 Subsection (6) amended 1 October 1995 by substituting the word Superintendent Board Subsection (7) inserted 1 April 1975 section 11 Government Superannuation Fund Amendment Act 1976 Subsection (7) amended 1 October 1995 by substituting the word Superintendent Board Subsection (8) inserted 1 April 1975 section 11 Government Superannuation Fund Amendment Act 1976 Subsection (8) substituted 25 December 1986 section 33(1) Government Superannuation Fund Amendment Act 1986 Subsection (8) substituted 1 July 2006 section 3 Government Superannuation Fund Amendment Act (No 3) 2005 Subsection (9) inserted 29 March 1985 section 19(1) Government Superannuation Fund Amendment Act 1985 Subsection (9) substituted 25 December 1986 section 33(1) Government Superannuation Fund Amendment Act 1986
3: Adjustable retiring allowances, annual allowances, and annuities
Every retiring allowance, annual allowance, and annuity payable under the principal Act shall be adjustable in accordance with the provisions of this Act. Section 3 substituted 25 December 1986 section 34 Government Superannuation Fund Amendment Act 1986
3A: Additional payments for period 1 October 2010 to 27 April 2011
1: Every person entitled to receive any retiring allowance, annual allowance, or annuity described in section 3
2: An additional amount payable to a person under subsection (1)—
a: must be paid by the Authority on the date or dates the Authority in its discretion decides; and
b: must be disregarded for the purpose of calculating an annual adjustment under this Act; but
c: must for all other purposes be treated as a payment of the person's retiring allowance, annual allowance, or annuity. Section 3A inserted 28 May 2010 section 3 Government Superannuation Fund Amendment Act 1969 Amendment Act 2010
4: Provision for annual adjustment
Subject to the provisions of this Act, every retiring allowance, annual allowance, and annuity specified in section 3 section 89 Provided that the adjustment in the year 1969 shall be made on and after the commencement of this Act.
5: Percentage of annual adjustment
1: Subsection (1A) (which provides for 100% CPI adjustment) applies to the following 2 classes of persons:
a: any person in respect of whom the initial adjustment under section 7
b: any person to whom clause 3
1A: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 index number of the Consumers
1B: Subsection (1C) applies to any person—
a: in respect of whom the initial adjustment under section 7
b: to whom clause 1 section 2(8)
1C: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 where— P1 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician and proportionately adjusted (where appropriate) in accordance with clauses 1 section 2(8) index number of the Consumers P2 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician, by which the index number of the Consumers index number of the Consumers
1D: In this section, unless the context otherwise requires,— basic index number
a: in any case where the second proviso to section 7(2)
b: in any other case where the date of qualification determined under Schedule 3 section 7(1)
c: in any case where neither paragraph (a) nor (b) applies, the basic index number for the December quarter of the calendar year immediately preceding the calendar year in which the date of qualification (as determined under Schedule 3
d: in any case where the date of qualification is 31 March 1956, the annual index number of the Consumers
1E: Subsections (1) to (1D) are subject to subsections (2) to (5).
2: No adjustment shall be made for any year when the aggregate percentage of increase (if any) has not increased by at least half of one percent since the last adjustment.
3: Notwithstanding the amendments made to this section by section 12 Government Superannuation Fund Amendment Act 1976
4: No person is entitled, because of the amendments made to this Act by sections 3 5 Government Superannuation Fund Amendment Act (No 3) 2005
5: No person is entitled, because of the amendments made to this Act by section 3
6: In this section, Consumers Price Index Section 5(1) substituted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Subsection (1) substituted 15 April 1976 section 12(1) Government Superannuation Fund Amendment Act 1976 See section 12(4) Section 5(1A) substituted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Subsection (1A) inserted 20 April 1972 section 5 Government Superannuation Fund Amendment Act 1972 repealed 1 April 1988 section 2(2)﻿(a) Government Superannuation Fund Amendment Act 1988 Section 5(1A) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1B) substituted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Subsection (1B) inserted 20 April 1972 section 5 Government Superannuation Fund Amendment Act 1972 substituted 25 December 1986 section 33(3) Government Superannuation Fund Amendment Act 1986 Subsection (1B) repealed 1 April 1988 section 2(2)﻿(a) Government Superannuation Fund Amendment Act 1988 Section 5(1C) substituted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Subsection (1C) inserted 20 April 1972 section 5 Government Superannuation Fund Amendment Act 1972 repealed 25 December 1986 section 33(3) Government Superannuation Fund Amendment Act 1986 Section 5(1C) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1C) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1D) inserted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Section 5(1D)﻿(d) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1E) inserted 1 April 2009 section 3(2) Government Superannuation Fund Amendment Act 2009 Subsection (3) inserted 15 April 1976 section 12(3) Government Superannuation Fund Amendment Act 1976 See section 12(4) section 6(6) Government Superannuation Fund Amendment Act 1972 Subsection (4) inserted 1 July 2006 section 4 Government Superannuation Fund Amendment Act (No 3) 2005 Section 5(5) added 1 April 2009 section 3(3) Government Superannuation Fund Amendment Act 2009 Section 5(6) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
6: Amount of annual adjustment
1: For the purposes of this section the term basic allowance section 48 91 section 40 or section 91B
2: The annual amount of the retiring allowance, annual allowance, or annuity to be paid on and after the date of any annual adjustment until the next adjustment shall be determined by ascertaining the aggregate percentage of increase (determined under section 5 section 7 Provided that the annual amount of any retiring allowance as so determined, to be paid on and after the date of any annual adjustment, shall be increased or reduced, as the case may be, in accordance with any election by the contributor under section 40 or section 91B Subsections (1) (2) amended 25 December 1986 section 28(2) Government Superannuation Fund Amendment Act 1986 by inserting the words or section 91B
7: Initial adjustments
1: For the purposes of subsection (2) of this section,— Date of qualification Third Subsection (1) date of qualification: the proviso was amended 27 November 1970 sections 5(6) 6(8) Government Superannuation Amendment Act 1970 1 January 1981 Government Superannuation Fund Amendment Act 1980 amended 26 December 1986 section 33(2) Government Superannuation Fund Amendment Act 1986 omitted 1 April 1988 section 2(2)﻿(a) Government Superannuation Amendment Act 1988 Qualifying year
2: The initial adjustment to be made to any retiring allowance, annual allowance, or annuity shall be made on or after the first annual adjustment date as determined under section 4
a: After the termination of the beneficiary's qualifying year where the date of qualification determined under Schedule 3
b: After the termination of the financial year following the beneficiary's qualifying year where the date of qualification so determined falls between the 1st day of October and the 31st day of March (both days inclusive): Provided that, in the event of the death of any contributor during the period between his date of qualification and the date for his initial adjustment as determined under this subsection, the initial adjustment to any annual allowance to an approved dependant of that contributor or to the annuity of the spouse or partner subsection (1) Provided also that, in the event of the death of any contributor at any time after the date of his initial adjustment as determined under this section, the initial adjustment of any annual allowance to the approved dependant of that contributor or to the annuity payable to the spouse or partner
3: The initial adjustment and all subsequent adjustments to any retiring allowance, annual allowance, or annuity payable immediately before the commencement of this Act 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 commencement of this Act.
4:
5:
6: Subsection (4) repealed section 33(4) Government Superannuation Fund Amendment Act 1986 Subsection (5) repealed section 2(2)﻿(a) 1988 No 19 Subsection (6) repealed section 2(2)﻿(a) 1988 No 19 Subsection (2) substituted 15 April 1976 section 13(1) Government Superannuation Fund Amendment Act 1976 amended 15 April 1976 section 13(2)﻿(a) Government Superannuation Fund Amendment Act 1976 by substituting the word spouse widow or dependent widower amended 15 April 1976 section 13(2)﻿(b) Government Superannuation Fund Amendment Act 1976 by substituting the word spouse widow or the dependent widower amended 15 April 1976 section 13(2)﻿(c) Government Superannuation Fund Amendment Act 1976 omitted 1 April 1988 section 2(2)﻿(a) Government Superannuation Amendment Act 1988 Subsection (2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 by inserting the words or partner spouse Subsections (4) (5) inserted 15 April 1976 section 13(3) Government Superannuation Fund Amendment Act 1976 Subsection (6) inserted 25 December 1986 section 15(2) Government Superannuation Fund Amendment Act 1986
8: Limit to amount of annual adjustment
1: Notwithstanding anything to the contrary in this Act, the amount to be added to any basic allowance pursuant to subsection (2)
a: Four hundred dollars in respect of any adjustment to be made upon the commencement of this Act:
b: Four hundred and forty dollars in respect of any adjustment to be made in April 1970:
c: The last-mentioned amount, increased as if compound interest at the rate of 10 percent per annum had been added, in respect of any adjustments to be made in April 1971 and April 1972
d: Six hundred and ninety-nine dollars and sixty cents in respect of any adjustment to be made in April 1973:
e: Inserted by s 7(2) Government Superannuation Fund Amendment Act 1972 s 3 Government Superannuation Fund Amendment Act 1974
f: One thousand dollars in respect of any adjustment to be made in April 1974:
g: The last-mentioned amount, increased as if compound interest at the rate of 20 percent per annum had been added, in respect of any adjustment to be made in April 1975.
2: The foregoing provisions of this section shall not limit the amount of any adjustment to be made in April 1976 or at any subsequent time. Subsection (1)﻿(c) amended 19 April 1973 section 7(1) Government Superannuation Fund Amendment Act 1972 by substituting the words any adjustments to be made in April 1971 and April 1972 subsequent adjustments Subsection (1)﻿(d) inserted 19 April 1973 section 7(2) Government Superannuation Fund Amendment Act 1972 Subsection (1)﻿(f) (1)﻿(g) inserted 18 April 1974 section 3 Government Superannuation Fund Amendment Act 1974 (1)﻿(g) substituted 1 November 1976 section 14(1) Government Superannuation Fund Amendment Act 1976 Subsection (2) inserted 1 November 1976 section 14(2) Government Superannuation Fund Amendment Act 1976
9: Adjustments to annuities
Where any annuity payable to a spouse or partner section 45 79 87 or partner section 45 79 87 The original section 9 amended 27 November 1970 section 8(1) Government Superannuation Fund Amendment Act 1970 substituted 29 March 1985 section 22(2) Government Superannuation Fund Amendment Act 1985 Section 9 amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 by inserting the words or partner spouse
10: Application of principal Act to Schedule 2
For the purposes of Schedule 2
a: The effect of the second proviso to subsection (5) subsection (4)
b: Any period covered by an election under section 25 Superintendent Paragraph (b) amended 1 October 1995 by substituting the word Superintendent Board
11: Superintendent Notwithstanding anything in this Act, if at any time it appears to the Superintendent Superintendent spouse or partner Superintendent Section 11 amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 11 amended 1 November 1976 section 16 Government Superannuation Fund Amendment Act 1976 by substituting the word spouse widow or dependent widower This section was amended 1 October 1995 by substituting the word Superintendent Board Section 11 amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 by inserting the words or partner spouse