Government Superannuation Fund Amendment Act 1990

1: Short Title and commencement
1: This Act may be cited as the Government Superannuation Fund Amendment Act 1990, and shall be read together with and deemed part of the Government Superannuation Fund Act 1956
2: This Act shall come into force on the 1st day of April 1990.
1: Reduction of existing allowances and annuities
2: Application of this Part
This Part of this Act applies to every retiring allowance, annual allowance, and annuity that is, as at the 31st day of March 1990, payable under the principal Act, except—
a: Any children's allowance payable under the principal Act; or
b: Any allowance or annuity payable in respect of any contributor to the Fund under section 22B 22BA 50 50A
c: Any allowance or annuity to which section 9
3: Existing retiring allowances, annual allowances, and annuities to be reduced
Every instalment payable under section 89
4: Amount of reduction
The amount of the reduction to be made in accordance with this Part of this Act to each instalment of a retiring allowance, annual allowance, or annuity that would, but for this Part of this Act, have been payable, shall be a percentage of that instalment where the percentage to apply in respect of that allowance or annuity is calculated at the commencement of this Act in accordance with the following formula: T 100 — X — P 1 where—
P: is the amount of the first full instalment of the retiring allowance, annual allowance, or annuity that would, but for this Part of this Act, have been payable on and after the 1st day of April 1990:
T: is the amount of the total tax deduction that would have been required to be made in respect of that instalment if,—
a: Notwithstanding the enactment of the Income Tax Amendment Act 1989
b: The rates of tax were the rates of tax prescribed in Part B of Schedule 1 to the Income Tax Act 1976 tax year
c: The recipient of the allowance or annuity was resident in New Zealand; and
d: In the case of a person who is entitled, as at the 31st day of March 1990, to the use of the tax code T
e: In the case of any other person, the tax code G Section 4 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year
5: Amount or retiring allowance, etc, to include amount of any cost of living bonus or other adjustment
For the purpose of calculating the amount of any reduction to be made on any date in accordance with this Part of this Act, the amount of any retiring allowance, annual allowance, or annuity shall be taken to include any adjustments as at that date in accordance with the Government Superannuation Fund Amendment Act 1969 Government Superannuation Fund Amendment Act 1979
6: Suspended allowances, etc
Where any retiring allowance, annual allowance, or annuity that is, before the 1st day of April 1990, payable under the principal Act ceases, or has ceased, to be payable because of any reason and subsequently again becomes payable, this Part of this Act shall apply to that retiring allowance, annual allowance, or annuity and a reduction shall be made pursuant to this Part of this Act as if—
a: The allowance or annuity had been payable at the 31st day of March 1990; and
b: A full instalment had been payable on the first payment date for allowances and annuities after the 31st day of March 1990.
7: Date on which allowance or annuity becomes payable under
section 71N For the purposes of determining whether any retiring allowance, annual allowance, or annuity is payable as at the 31st day of March 1990, no account shall be taken of section 71N(6) Part 3A
8: Amount of annuity payable to spouse
or partner
1: This section applies to any annuity that becomes payable to the surviving spouse or partner
a:
b: Who was, at the 31st day of March 1990, in receipt of a retiring or annual allowance payable under the principal act.
2: The amount of the annuity to which the surviving spouse or partner or partner
a: Had the contributor died on the 31st day of March 1990; and
b: Had that annuity been reduced in accordance with section 4
3: No person is entitled, because of the amendments made to this Act by section 6(1) (2) Government Superannuation Fund Amendment Act (No 3) 2005 The heading to section 8 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse The heading to section 8 amended 1 July 2006 6(1) Government Superannuation Fund Amendment Act (No 3) 2005 by omitting the words where contributor dies before 1 April 1996 Section 8 amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Subsection (1)(a) repealed 1 July 2006 6(2) Government Superannuation Fund Amendment Act (No 3) 2005 Subsection (3) inserted 1 July 2006 6(3) Government Superannuation Fund Amendment Act (No 3) 2005
9: Part not to apply to pensioners and annuitants who are resident overseas as at 31 March 1990
This Part of this Act does not apply to any retiring allowance, annual allowance, or annuity that is, as at the 31st day of March 1990, being paid by the Board to an address outside New Zealand in respect of a person whom the Board is satisfied is not resident in New Zealand within the meaning of the Income Tax Act 1976
10: Reduction of pensions on return to New Zealand
1: Notwithstanding anything in section 9
a: To whom section 9 or partner
b: Who becomes resident in New Zealand within the meaning of the Income Tax Act 2007 shall be reduced, as from the date on which the person becomes so resident, in accordance with this Part of this Act.
2: Any reduction required to be made under this section shall be calculated—
a: As if, for the purposes of section 4 P
b: As if, for the purposes of calculating the item T G tax year
3: Every person to whom subsection (1) Income Tax Act 2007
4: The Board may deduct, from any payments due under the principal Act to any person who fails to comply with subsection (3) Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 10(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsections (1)(b) (3) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Section 10 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year Section 10(3) amended 1 April 2008 Income Tax Act 2007
2: Amendments to principal Act in respect of allowances, annuities, and payments commencing on and after 1 April 1990
11: Retiring allowance under
Part 2
1: This subsection substituted s 35(1) s 35(1A) to (1E)
2: This subsection amended s 35(6)
12: Computation of retiring allowances under
Part 2 This section amended s 38(1)
13: Computation of retiring allowance under
Part 2A
1: This subsection substituted s 61L(1) s 61L(1A)
2: This subsection amended s 61L(3)
3: This subsection amended s 61L(6)
4: This subsection amended s 61R(9)(c)
5: This subsection amended s 61S(7)(c)
14: Entitlement to retiring allowance under
Part 3A This section substituted s 71G(1) s 71G(1A)
15: Retiring allowance under
Part 3A This section substituted s 71H(1)
16: Election under
Part 3A This section amended s 71M(1)
17: Right under
Part 3A
1: This subsection amended s 71N(1)
2: This subsection amended s 71N(6) s 71N(7) (8)
18: Computation of retiring allowance under
Part 5A This section substituted s 81I
19: Minimum retiring allowance for Judge who resigns on grounds of incapacity
This section repealed s 81J
20: Certain Judges or surviving spouses to be entitled to minimum payments
This section repealed s 81V
21: Taxation exemption in respect of contributions under
Part 6 This section repealed s 83A
22: Section 22 repealed 8 May 1992 3(2) Government Superannuation Fund Amendment Act 1992
23: Election under
Part 6 This section amended s 84A(1)
24: Special right of member who has not attained 45 years to elect to surrender proportion of retiring allowance and receive cash payment
This section amended s 84AA(2)(b)
25: Section 25 repealed 8 May 1992 5(2) Government Superannuation Fund Amendment Act 1992
26: Election under
Part 6 This section amended s 86F(2)
27: Computation of retiring allowance under
Part 6A This section substituted s 88F(1) (2) s 88F(2A) (2B)
28: Calculation of retiring allowance under
Part 6B This section substituted s 88T(1) (2) s 88T(2A) (2B)
29: Election to surrender proportion of retiring allowance and receive cash payment
1: This subsection amended s 91(1)
2: This subsection amended s 91(1)
30: Election to surrender proportion of annuity and receive cash payment
1: This subsection amended s 91A(2)(a)
2: This subsection amended s 91(1)
31: Savings in respect of certain overseas staff
For the purpose of calculating any retiring allowance, annual allowance, annuity, or other payment payable in respect of any contributor to the Fund under section 22B 22BA 50 50A or section 50B Section 31 amended 1 August 1990 15(1) Government Superannuation Fund Amendment Act (No 2) 1990 by inserting the words or section 50B
32: Savings in respect of pensions that become payable before 1 October 1990 to overseas residents
1: This section applies to every retiring allowance, annual allowance, annuity, or other payment that commences, on or after the 1st day of April 1990 and before the 1st day of October 1990, to be payable under the principal Act to an address outside New Zealand in respect of a person—
a: Who was a contributor, or who is the surviving spouse or partner
b: Who is not resident in New Zealand within the meaning of the Income Tax Act 2007
2: Every retiring allowance, annual allowance, annuity, or other payment to which this section applies—
a: Shall be calculated in accordance with the provisions of the principal act as if those provisions had not been amended by this Part and as if Part 3
b: Shall be payable at that rate as from the first payment date after the date on which the Board is notified that the payment is to be made to an address outside New Zealand. Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 32(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsection (1)(b) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Subsection (1)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994
33: Reduction of pensions on return to New Zealand
1: Notwithstanding anything in section 32
a: To whom section 32 or partner
b: Who becomes resident in New Zealand within the meaning of the Income Tax Act 2007 shall be reduced, as from the date on which the person becomes so resident, in accordance with the provisions of Part 1
2: Any reduction required to be made under this section shall be calculated—
a: As if, for the purposes of section 4 P
b: As if, for the purposes of calculating the item T G tax year
3: Every person to whom subsection (1) Income Tax Act 2007
4: The Board may deduct, from any payments due under the principal Act to any person who fails to comply with subsection (3) Subsection (1) amended 26 April 2005 4(1) Government Superannuation Fund Amendment Act 2005 by substituting the words or partner spouse Section 33(1)(b) amended 1 April 2008 Income Tax Act 2007 Subsection (1)(b) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year Section 33(3) amended 1 April 2008 Income Tax Act 2007 Subsection (3) amended 1 April 1995 Income Tax Act 1994 by substituting the words Income Tax Act 1994 Income Tax Act 1976 Section 33 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994
3: Further variation of allowances and annuities commencing between 1 April 1990 and 31 March 1996
34: Application of this Part
This Part of this Act applies to every retiring allowance, annual allowance, and annuity that commences, on or after the 1st day of April 1990 and before the 1st day of April 1996, to be payable under the principal Act, except—
a: Any annuity that commences to be payable upon the death of a person who is in receipt of a retiring allowance or annual allowance payable under the principal Act; or
b: Any children's allowance payable under the principal Act; or
c: Any allowance payable to an assignee under section 91B of the principal Act in circumstances where an instalment of the contributor's basic allowance in respect of which a portion is surrendered became payable before the date from which the portion is surrendered; or
d: Any allowance or annuity payable in respect of any contributor to the Fund under section 22B 22BA 50 50A 50B Paragraph (d) amended 1 August 1990 15(2) Government Superannuation Fund Amendment Act (No 2) 1990 by inserting the words or section 50B
35: Retiring allowances, annual allowances, and annuities to be varied
Every instalment payable under section 89
36: Amount of varied retiring allowance, etc
1: The amount of each instalment of any retiring allowance, annual allowance, or annuity that is varied in accordance with this Part of this Act shall be the amount of the instalment of that allowance or annuity that would, but for this Part of this Act, have been payable, multiplied by the appropriate factor determined in accordance with subsection (3)
2: In subsection (3) AP F subsection (1) FO GP n NP T
a: Notwithstanding the enactment of the Income Tax Amendment Act 1989
b: The rates of tax were the rates of tax prescribed in Part B of Schedule 1 to the Income Tax Act 1976 tax year
c: The recipient of the allowance or annuity was resident in New Zealand; and
d: Tax code G
3: For the purpose of determining the appropriate factor in subsection (1)
a: In a case where AP is less than or equal to $9,081,— F = FO - 0.02n, with a minimum of 1:
b: In a case where AP is greater than $9,081,— F = FO + 0.02n, with a maximum of 1. Subsection (2)(b) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words tax year income year
37: Amount of retiring allowance, etc, to include amount of any cost of living bonus or other adjustment
For the purpose of calculating the amount of any variation of a retiring allowance, annual allowance, or annuity to be made on any date in accordance with this Part of this Act, the amount of any retiring allowance, annual allowance, or annuity shall be taken to include any adjustments as at that date in accordance with the Government Superannuation Fund Amendment Act 1969 Government Superannuation Fund Amendment Act 1979
38: Amount of retiring allowance, etc, to mean amount as reduced under
Part 2 For the avoidance of doubt, it is hereby declared that any reference in section 36 Part 2