New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021

1: Title
This Act is the New Zealand Superannuation and Retirement Income (Fair Residency) Amendment Act 2021
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Changes to New Zealand Superannuation and Retirement Income Act 2001
3: Principal Act
This Part amends the New Zealand Superannuation and Retirement Income Act 2001 2021-11-16 New Zealand Superannuation and Retirement Income Act 2001 Changes to residential qualification
4: Section 8 replaced (Residential qualification for New Zealand superannuation)
Replace section 8
8: Residential qualification for New Zealand superannuation
1: A person ( A
a: is ordinarily resident in New Zealand on the date of application for New Zealand superannuation, unless section 31(4) of this Act or section 191(4) of the Veterans’ Support Act 2014 applies; and
b: meets the residency requirements in subsections (2) and (3)
2: Since reaching the age of 20 years, A must have been both resident and present for a period or periods totalling not less than the total time requirement calculated under subsection (4)
a: in New Zealand for 10 years of the total time requirement; and
b: in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for the remaining time (if any) of the total time requirement.
3: Since reaching the age of 50 years, A must have been both resident and present in any 1 or more of New Zealand, the Cook Islands, Niue, and Tokelau for a period or periods totalling not less than 5 years. How to calculate total time requirement
4: For the purposes of subsection (2) The following table is small in size and has 2 columns. Column 1 is headed Period during which A was born. Column 2 is headed Total time requirement. Column 1 Column 2 Period during which A was born Total time requirement On or before 30 June 1959 10 years Between 1 July 1959 and 30 June 1961 (inclusive) 11 years Between 1 July 1961 and 30 June 1963 (inclusive) 12 years Between 1 July 1963 and 30 June 1965 (inclusive) 13 years Between 1 July 1965 and 30 June 1967 (inclusive) 14 years Between 1 July 1967 and 30 June 1969 (inclusive) 15 years Between 1 July 1969 and 30 June 1971 (inclusive) 16 years Between 1 July 1971 and 30 June 1973 (inclusive) 17 years Between 1 July 1973 and 30 June 1975 (inclusive) 18 years Between 1 July 1975 and 30 June 1977 (inclusive) 19 years On or after 1 July 1977 20 years Example
A person ( B
5: New section 8A inserted (Special total time requirement for refugees or protected persons 45 years of age or older on relevant date)
After section 8
8A: Special total time requirement for refugees or protected persons 45 years of age or older on relevant date
Application of this section
1: This section applies to a person ( A
a: is recognised as a refugee or protected person in New Zealand; and
b: is 45 years of age or older on the relevant date.
2: For the purposes of section 8(2) section 8(4) Requirement for persons between 45 and 55 years of age
3: If A is 45 years of age or older but younger than 55 years of age on the relevant date, A’s total time requirement is the lesser of the following:
a: the period, calculated in days, that starts on the relevant date and ends on A’s 65th birthday:
b: the total time requirement calculated under section 8(4) Example
A person ( B Requirement for persons 55 years of age or older
4: If A is 55 years of age or older on the relevant date, A’s total time requirement is 10 years. Meaning of relevant date
5: In this section, relevant date Consequential amendments
6: Section 9 amended (Treatment of various periods of absence)
In section 9(1) section 8(b) and (c)﻿(i) section 8(2) and (3)
7: Section 10 amended (Treatment of periods of absence as missionary)
In section 10(1) section 8(b) and (c)﻿(i) section 8(2) and (3)
8: Section 10A amended (Treatment of periods of absence if New Zealand income tax withheld on overseas earnings)
In section 10A(1) section 8(b) and (c)﻿(i) section 8(2) and (3)
9: Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country)
Replace section 31(4)﻿(c)
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
10: Schedule 1AA amended
1: In Schedule 1AA section 8(c) section 8(3)
2: In Schedule 1AA section 8(c) section 8(3)
2: Consequential amendments to Veterans’ Support Act 2014
11: Principal Act
This Part amends the Veterans’ Support Act 2014 2021-11-16 Veterans’ Support Act 2014
12: Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country)
Replace section 191(4)﻿(c)
c: who has met the residency requirements for New Zealand superannuation set out in section 8(2) and (3)
13: Schedule 1 amended
1: In Schedule 1 section 8(c) section 8(3)
2: In Schedule 1 section 8(c) section 8(3)