National Retirement Benefits Scheme (Amendment) Act 2012

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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




C
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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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C
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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”;

Section 3
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2012





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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”.

National Retirement Benefits Scheme (Amendment) Act
2012 Section 7





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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), -

National Retirement Benefits Scheme (Amendment) Act
2012 Section 19





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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”.

National Retirement Benefits Scheme (Amendment) Act
2012 Section 30





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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.

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