National Retirement Benefits Scheme (Amendment) Act 2012
Act No. 3 of 2012
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NATIONAL RETIREMENT BENEFITS
SCHEME (AMENDMENT) ACT 2012
National Retirement Benefits Scheme
(Amendment) Act 2012 Arrangement of Sections
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Act No. 3 of 2012 Page 3
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NATIONAL RETIREMENT BENEFITS SCHEME
(AMENDMENT) ACT 2012
Arrangement of Sections
Section
1 Short Title .............................................................................................................. 5
2 Section 2 – Amended ............................................................................................. 5
3 Section 3 – Amended ............................................................................................. 6
4 Section 4 – Amended ............................................................................................. 6
5 Section 5 – Amended ............................................................................................. 6
6 Section 6 – Amended ............................................................................................. 6
7 Section 7 – Amended ............................................................................................. 7
8 Section 8 – Amended ............................................................................................. 7
9 Section 9 – Amended ............................................................................................. 7
10 Section 15 – Amended ........................................................................................... 7
11 Section 16 – Amended ........................................................................................... 7
12 Section 17 – Amended ........................................................................................... 7
13 Section 18 – Amended ........................................................................................... 7
14 Section 19 – Amended ........................................................................................... 8
15 Section 21 – Amended ........................................................................................... 8
16 Section 23 – Amended ........................................................................................... 8
17 Section 25 – Amended ........................................................................................... 8
18 Section 26 – Amended ........................................................................................... 8
19 Section 27 – Amended ........................................................................................... 9
20 Section 28 – Amended ........................................................................................... 9
21 Section 30 – Amended ........................................................................................... 9
22 Section 31 – Amended ........................................................................................... 9
23 Section 32 – Amended ........................................................................................... 9
24 Section 33 – Amended ........................................................................................... 9
25 Section 34 – Amended ......................................................................................... 10
26 Section 36 – Amended ......................................................................................... 10
27 Section 38 – Amended ......................................................................................... 10
Arrangement of Sections
National Retirement Benefits Scheme
(Amendment) Act 2012
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28 Section 40 – Amended ......................................................................................... 10
29 Section 41 – Amended ......................................................................................... 10
30 Section 42 – Amended ......................................................................................... 11
31 Section 43 – Amended ......................................................................................... 11
32 Section 47 – Amended ......................................................................................... 11
33 Section 52 – Amended ......................................................................................... 11
34 Section 60 – Amended ......................................................................................... 11
35 Section 63 – Amended ......................................................................................... 11
National Retirement Benefits Scheme (Amendment) Act
2012 Section 1
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Act No. 3 of 2012 Page 5
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NATIONAL RETIREMENT BENEFITS SCHEME
(AMENDMENT) ACT 2012
Act No. 3 of 2012
AN ACT TO AMEND THE NATIONAL RETIREMENT BENEFITS
SCHEME ACT 2010
I assent,
TUPOU VI,
4
th
January, 2013.
BE IT ENACTED by the King and Legislative Assembly of Tonga in the
Legislature of the Kingdom as follows:
1 Short Title
(1) This Act may be cited as the National Retirement Benefits Scheme
(Amendment) Act 2012.
(2) The National Retirement Benefits Scheme Act 2010 shall be referred to in this
Act as the Principal Act.
2 Section 2 – Amended
Section 2 of the Principal Act is amended,
(a) in the English version only, in the definition of -
(i) “date of entitlement”, by repealing “provision” and replacing it with
“provisions”;
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(ii) “earnings”, paragraph (e), by repealing “respect or sickness” and
replacing it with “respect of sickness”;
(iii) “permanent and total disablement”, by repealing “extend” and replacing
it with “extent”; and
(iv) “Scheme”, by repealing “national retirement” and replacing it with
“National Retirement”;
(b) in the Tongan version only, in the definition of –
(i) “Poate”, by repealing the word “ia” immediately after the word
“Monu’ia;
(ii) “ngaahi vahe”, by repealing the words “’oku ‘oku” and replacing it
with “’oku”; and
(iii) “mahu’inga si’isi’i taha”, by repealing the word “‘i he” in its first
occurrence and replacing it with “‘e he”; and
(c) in the definition of “employee”, by repealing “65” and replacing it with “70”.
3 Section 3 – Amended
Section 3(3) of the Principal Act is amended by inserting the word “and”
immediately after the words “good faith”.
4 Section 4 – Amended
In the Tongan version only, section 4(1) of the Principal Act is amended by inserting
the word “fakahoko” immediately after the word “hono”.
5 Section 5 – Amended
In the Tongan version only, section 5(5) of the Principal Act is amended by
repealing the word “ta’u” and replacing it with “teemi”.
6 Section 6 – Amended
Section 6 of the Principal Act is amended,
(a) in subsection (1)(c), -
(i) in the English version only, by repealing “offences” and replacing it
with “offence”; and
(ii) in the Tongan version only, by repealing the words “ ‘e ala tautea ngaue
popula ki he ta’u ‘e ua pe lahi ange”; and
(b) in subsection (2)(a), in the English version only, by repealing “has” and
replacing it with “is”.
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7 Section 7 – Amended
In the Tongan version only, section 7(1)(f) of the Principal Act is amended by
repealing the word “fakangatangata” and replacing it with “tu’unga fua”.
8 Section 8 – Amended
Section 8 of the Principal Act is amended, in the English version only -
(a) in subsection (5), by repealing “votes;” and replacing it with “votes,”; and
(b) in subsection (8), by inserting the word “as” immediately after the words “as
soon”.
9 Section 9 – Amended
In the English version only, section 9(2)(a) of the Principal Act is amended by
repealing “payment” and replacing it with “payments”.
10 Section 15 – Amended
In the English version only, section 15(1) of the Principal Act is amended by
repealing “Subjects” and replacing it with “Subject”.
11 Section 16 – Amended
In the English version only, section 16(2) of the Principal Act is amended by
repealing the first occurrence of the words “of any sums”.
12 Section 17 – Amended
In the Tongan version only, section 17(2) of the Principal Act is amended by –
(a) repealing the word “ngaaahi” and replacing it with “ngaahi”; and
(b) repealing the word “fakakato” and replacing it with “fakakakato”.
13 Section 18 – Amended
In the English version only, section 18 of the Principal Act is amended, -
(a) in subsection (1), by repealing “interval” and replacing it with “intervals”;
(b) in subsection (2), by repealing “actual” and replacing it with “actuarial”; and
(c) in subsection (3), by repealing “recommendation” and replacing it with
“recommendations”.
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14 Section 19 – Amended
Section 19 of the Principal Act is amended, -
(a) in subsection (2), -
(i) in the English version only, by repealing the word “in”; and
(ii) in the Tongan version only, by repealing the word “lesisisita” and
replacing it with “lesisita”; and
(b) by repealing subsection (3) and replacing it with the following new subsection
(3) -
“(3) Any person registered as an employer who intends to cease being an
employer shall notify the Organisation as soon as practicable.”.
15 Section 21 – Amended
In the English version only, section 21 of the Principal Act is amended, -
(a) in subsection (1), by repealing “form” and replacing it with “from”; and
(b) in subsection (2), by repealing the words “to the contract”.
16 Section 23 – Amended
In the English version only, section 23 of the Principal Act is amended by –
(a) repealing “form” and replacing it with “from”; and
(b) repealing “recovered” and replacing it with “recover”.
17 Section 25 – Amended
In the English version only, section 25(1) of the Principal Act is amended by
inserting immediately after the word “schedules” the word “and”.
18 Section 26 – Amended
Section 26 of the Principal Act is amended, -
(a) in subsection (1), in the English version only, by repealing “appointed” and
replacing it with “appoint”;
(b) in subsection (2)(a), in the Tongan version only, by repealing
“Fakaamaau’anga” and replacing it with “Fakamaau’anga”;
(c) in subsection (2)(c), by repealing “employer, employees and their staff” and
replacing it with “employers and their staff and employees”; and
(d) in subsection (2)(d), -
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(i) in the English version only, by inserting immediately after the word
“breach” the words “of this Act and regulations made under this Act”;
and
(ii) in the Tongan version only, by repealing “Tu’utu’u ni” and replacing it
with “tu’utu’uni kuo fa’u ‘i he Lao ni”.
19 Section 27 – Amended
In the Tongan version only, section 27(2) of the Principal Act is amended by
repealing “mou’a” and replacing it with “mo’ua”.
20 Section 28 – Amended
Section 28 of the Principal Act is amended, -
(a) in subsection (3), in the Tongan version only, by repealing “mahna” and
replacing it with “mahina”;
(b) in subsection (4), in the English version only, by repealing “asset(s)” and
replacing it with “assets”; and
(c) in subsection (7), in the Tongan version only, by repealing “ngaahi kupu” and
replacing it with “ngaahi tu’utu’uni”.
21 Section 30 – Amended
In the English version only, section 30(3) of the Principal Act is amended by
inserting immediately before the word “prejudice” the word “shall”.
22 Section 31 – Amended
In the English version only, section 31(1) of the Principal Act is amended by
repealing “on behalf on another person” and replacing it with “on behalf of another
person”.
23 Section 32 – Amended
In the English version only, section 32 of the Principal Act is amended by repealing
“statement” and replacing it with “statements”.
24 Section 33 – Amended
Section 33 of the Principal Act is amended, -
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(a) in subsection (1), in the Tongan version only, by repealing the words “pe ha
palani penisoni pe kuo tu’utu’uni ‘e ha lao kehe mei he ngaahi kupu ‘o e Lao
ni”;
(b) in subsection (2)(b), in the English version only, by repealing the words “in
the order to conform to this Act on the exemption of retirement benefit
schemes” and replacing it with “in order to conform with this Act on the
exemption of retirement benefits schemes”; and
(c) in subsection (3), in the English version only, by inserting immediately after
the word “retirement” the word “scheme”.
25 Section 34 – Amended
In the English version only, section 34(1) of the Principal Act is amended by
repealing “from” and replacing it with “form”.
26 Section 36 – Amended
Section 36 of the Principal Act is amended, in the English version only, -
(a) in subsection (1)(a), by repealing the words “same, group” and replacing it
with “same group,”; and
(b) in subsection (1)(b), by inserting immediately after the word “not” the word
“be”.
27 Section 38 – Amended
In the English version only, section 38(3) of the Principal Act is amended by
repealing “form” and replacing it with “from”.
28 Section 40 – Amended
Section 40(1) of the Principal Act is amended, -
(a) in paragraph (a), by repealing “65” and replacing it with “70”; and
(b) in paragraph (d), in the English version only, by repealing “declare” and
replacing it with “declared”.
29 Section 41 – Amended
In the English version only, section 41 of the Principal Act is amended by repealing
“from” and replacing it with “form”.
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30 Section 42 – Amended
Section 42 of the Principal Act is amended, -
(a) in subsection (1), -
(i) in the English version only, by repealing “Subjects to this Act” and
replacing it with “Subject to this Act,”; and
(ii) by repealing “65” and replacing it with “70”; and
(b) in subsection (4), in the English version only, by repealing “than” and
replacing it with “the”.
31 Section 43 – Amended
Section 43 of the Principal Act is amended, -
(a) in subsection (1)(b), by repealing “65” and replacing it with “70”; and
(b) in subsection (3), in the English version only, by inserting immediately before
the word “term” the word “the”.
32 Section 47 – Amended
Section 47(2) of the Principal Act is amended, in the English version only, -
(a) in paragraph (a), by repealing the second occurrence of the word “days” and
replacing it with “day”; and
(b) in paragraph (b), by inserting immediately before the word “statement” the
word “a”.
33 Section 52 – Amended
In the English version only, section 52(3) of the Principal Act is amended by
repealing “benefit or another” and replacing it with “benefit of another”.
34 Section 60 – Amended
In the English version only, section 60(1) of the Principal Act is amended by
repealing the first occurrence of the words “or payment”.
35 Section 63 – Amended
Section 63 of the Principal Act is amended, in the English version only, -
(a) in subsection (1), by inserting immediately before the word “absent” the word
“is”; and
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(b) in subsection (2), by repealing “Benefit or person abroad” and replacing it
with “Benefits of persons abroad”.
Passed by the Legislative Assembly this 1
st
day of May 2012.
