Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Privacy Commissioner - Appointment of Privacy Commissioner

16: Superannuation or retiring allowances

You could also call this:

“Rules for retirement plans and superannuation for the Commissioner and Deputy Commissioner”

You can use money from the Commissioner’s funds to help pay for retirement plans for the Commissioner or Deputy Commissioner. This can be done by making payments to or helping to fund a retirement scheme.

If you’re appointed as the Commissioner or Deputy Commissioner, or if you become an employee of the Commissioner, and you were already contributing to the Government Superannuation Fund, some special rules apply to you. You’ll be treated as if you’re still working in the Government service for the purposes of the Government Superannuation Fund Act 1956. This means you can keep contributing to your superannuation fund.

However, if you stop contributing to the Government Superannuation Fund after you start your new job, you won’t be able to start contributing again later.

For the purposes of the Government Superannuation Fund Act 1956, the Commissioner is considered the controlling authority for anyone covered by these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23327.

Topics:
Money and consumer rights > Savings and retirement
Government and voting > Government departments
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“Restrictions on other roles for Privacy and Deputy Privacy Commissioners”

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17: Functions of Commissioner, or

“The Privacy Commissioner's roles in safeguarding and promoting privacy in New Zealand”

Part 2 Privacy Commissioner
Appointment of Privacy Commissioner

16Superannuation or retiring allowances

  1. For the purpose of providing superannuation or retiring allowances for the Commissioner or Deputy Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

  2. Subsections (3) to (5) apply to a person who, immediately before being appointed as the Commissioner or the Deputy Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 (the 1956 Act).

  3. The person is, for the purposes of the 1956 Act, to be treated as if the person continues to be employed in the Government service while the person is the Commissioner or Deputy Commissioner or, as the case may be, an employee of the Commissioner.

  4. However, if the person ceases to be a contributor to the Government Superannuation Fund after their appointment or employment, the person may not resume making contributions to the Fund.

  5. For the purposes of applying the 1956 Act to a person under this section, controlling authority, in relation to the person, means the Commissioner.

Compare
  • 1993 No 28 Schedule 1 cl 4