Plain language law

New Zealand law explained for everyone

Income Tax Act 2007

Recharacterisation of certain transactions - Transfers of relationship property

FB 11: Pension payments to former employees

You could also call this:

“Former employee pensions: how they're treated when shared after a relationship split”

If you used to work for someone and they agreed to pay you a pension, this law applies to you. Sometimes, when people split up their property in a relationship, they might decide that some or all of your pension should go to someone else. Even if this happens, the law treats it like your old boss is still paying the pension to you.

The rules about pension payments to former employees (section DC 2) still apply to this money. It doesn’t matter that someone else is getting the pension instead of you. The law sees it as if your old employer is paying you directly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1516349.

Topics:
Money and consumer rights > Taxes
Money and consumer rights > Savings and retirement
Family and relationships > Marriage and partnerships
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“Rules for transferring ownership of look-through companies during relationship property settlements”

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FB 12: Pension payments to former partners, or

“Former business partners' pensions may be paid to others after separation”

Part F Recharacterisation of certain transactions
Transfers of relationship property

FB 11Pension payments to former employees

  1. This section applies for the purposes of section DC 2 (Pension payments to former employees) when a person is entitled to the payment of a pension from a former employer, and because of a settlement of relationship property, the employer pays some or all of the amount of the pension to another person.

  2. Section DC 2(1) and (2) applies to the amount paid as if it were the payment of a pension to the former employee.

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