National Retirement Benefits Scheme (Election) Regulations 2012

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NationalRetirementBenefitsScheme_Election_Regulations2012Final







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NATIONAL RETIREMENT BENEFITS
SCHEME (ELECTION) REGULATIONS

2012





National Retirement Benefits Scheme (Election)
Regulations 2012 Arrangement of Regulations





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NATIONAL RETIREMENT BENEFITS SCHEME
(ELECTION) REGULATIONS 2012

Arrangement of Regulations
Regulation

PART 1 -PRELIMINARY 5
1 Citation......................................................................................................... 5
2 Definitions ........................................................................................................ 5

PART 2 - CANDIDATE 6
3 Employer representative ................................................................................... 6
4 Employee representative ............................................................................ 6
5 Term of office .............................................................................................. 6
6 Vacancies .................................................................................................... 7
7 Election Committee .......................................................................................... 7

PART 3 - ELECTION 7
8 Timing of the Election ................................................................................. 7
9 Notice of Election ........................................................................................ 8
10 Chief election officer, election officers and assistant election officers ................. 8
11 Membership roll ........................................................................................... 8
12 Supervision ....................................................................................................... 8
13 Nominations ...................................................................................................... 9
14 List of Candidates ....................................................................................... 9
15 Ballot Papers ............................................................................................... 9
16 Invalid Ballot Paper ..................................................................................... 9
17 Counting of votes .............................................................................................. 9
18 Announcement .......................................................................................... 10
19 Election Appeal Committee ...................................................................... 10

Arrangement of Regulations
National Retirement Benefits Scheme (Election)

Regulations 2012





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20 Election Expenses ........................................................................................... 10





National Retirement Benefits Scheme (Election)
Regulations 2012 Regulation 1





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C
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NATIONAL RETIREMENT BENEFITS SCHEME
(ELECTION) REGULATIONS 2012



NATIONAL RETIREMENT BENEFITS SCHEME ACT 2010

IN EXERCISE of the powers conferred by section 58 of the National
Retirement Benefits Scheme Act 2010, the Minister for Finance with the

consent of Cabinet makes the following Regulations -

30th January 2012

PART 1 -PRELIMINARY

1 Citation

These Regulations may be cited as the National Retirement Benefits Scheme
(Election) Regulations 2012.

2 Definitions

In these Regulations unless the contrary intention appears:

“Act” means the National Retirement Benefit Scheme Act 2010;

“candidate” means a candidate for the election of employer or employee
representatives;

“election” means an election of representatives of the regist red employer and
employee of the National Retirement Benefits Scheme Board;

Regulation 3
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Regulations 2012





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“Minister ” means the Minister of Finance;

“ registered employee” means an employee who has registered under
regulation 13 of the National Retirement Benefits Scheme (Administration)
Regulations 2012;

“ registered employer” means an employer who has registered under sub-
regulation 12 of the National Retirement Benefits Scheme (Administration)
Regulations 2012;

“ representative” means either an employer representative or employee
representative;

“Scheme” means the National Retirement Benefits Scheme; and

“Supervisor of Elections” means the Supervisor of Elections appointed under
section 3(1) of the Electoral Act 1989.

PART 2 - CANDIDATE

3 Employer representative

A person may be eligible as a candidate for election as an employer representative, if
he is:

(a) a registered employer of the Scheme; and

(b) nominated by at least five registered employers of the Scheme.

4 Employee representative

A person may be eligible as a candidate for election as an employee representative,
if he is:

(a) a registered employee of the Scheme;

(b) a holder of an established post of a registered mployer; and

(c) nominated by at least thirty registered employees of the Scheme.

5 Term of office

(1) The elected employer representatives and employee representatives shall hold
office for a period of three years from the date of his election.

(2) The term of office shall terminate earlier if a representative:

(a) ceases to be a registered employer;

(b) ceases to be a holder of an established post in a registered employer;

National Retirement Benefits Scheme (Election)
Regulations 2012 Regulation 6





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(c) becomes an undischarged bankrupt;

(d) is convicted of a criminal offence punishable by two years
imprisonment or more;

(e) resigns; or

(f) dies.

6 Vacancies

If a vacancy occurs in the office of a representative, then:

(a) the candidate who received the next highest number of votes in the last
election, and who,

(i) is still eligible; and

(ii) consents to hold office;

will be appointed to fill the vacancy until the expiry of the balance of the
former representative’s term; or

(b) if no person qualifies or is available, then a bi-election shall be held to fill the
vacancy.

7 Election Committee

(1) There shall be an Election Committee which shall be responsible for the
conduct and supervision of the election of Representatives.

(2) The members of the Election Committee shall be the:

(a) Supervisor of Elections, who shall be the Chairm n and Election
Officer;

(b) Chief Executive Officer of the Public Service Commission, who shall
be the Deputy Chairman;

(c) Solicitor General;

(d) Chief Executive Officer of the Organisation; and

(e) an officer from the Electoral Commission, who sall be the secretariat.

PART 3 - ELECTION

8 Timing of the Election
An election of the representatives shall take place not less than 30 days prior to the
expiry of the term of office of the representatives.

Regulation 9
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Regulations 2012





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9 Notice of Election

The Chief Election Officer shall give notice of the time that nominations are to be
made for the election of representatives, and such notice shall include:

(a) the date of the election;

(b) the number of employer and employee representatives to be elected;

(c) how nominations are to be made;

(d) where to lodge nominations;

(e) the time and date of acceptance of nominations will close;

(f) the place of voting; and

(g) the voting method to be used.

10 Chief election officer, election officers and assistant election officers

The Chief Election Officer, Election Officers and Assistant Election Officers
designated under regulation 12, shall have the authority to carry out the election of
employer and employee representatives.

11 Membership roll

A membership roll shall be maintained and distributed by the Chief Election Officer
showing all registered employers and registered employees who are to be electors of
the three Employer Representatives and three Employee Representatives to the
Board.

12 Supervision

(1) The election shall be supervised by the following.



(a) Chief Election Officer Chairman of the Election
Committee

(b) Election Officer Tongatapu: Senior Officer, Electoral
Commission

Vava’u: Senior Officer,
Governor’s Office

Ha’apai: Senior Officer,
Governor’s Office

‘Eua, NF &
NTT

Government
Representatives

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Regulations 2012 Regulation 13





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(c) Assistant Election
Officers

Officers recommended by
the Election Officers and
approved by the Chief
Election Officer

13 Nominations

(1) Nominations must be called from registered employers and registered
employees at a date determined by the Minister for the first election, and for
any subsequent elections, by the Board.

(2) Nomination for a candidate shall be made in the form approved by the
Election Committee.

14 List of Candidates

The Chief Election Officer shall publish a list contai ing the names of candidates in
the order of the dates on which their nomination was received.

15 Ballot Papers

(1) The ballot papers and required forms for the election shall be approved by the
Election Committee.

(2) The electors shall be required to elect three candidates of their choice by
placing a tick beside the names of the candidates th y want elected in the
spaces provided in the ballot paper.

16 Invalid Ballot Paper

Any ballot paper that does not comply with the requirements of regulation 15 shall
be declared invalid.

17 Counting of votes

(1) The Assistant Election Officer in charge of each polling station shall, after the
time for voting has closed, cause the votes on the ballot papers to be counted
and to report the total results to the appropriate Election Officer.

(2) The Chief Election Officer shall ascertain the otal number of votes received
by each candidate throughout Tongatapu, Vava’u, Ha’apai, ‘Eua,
Niuatoputapu and Niuafo’ou.

Regulation 18
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Regulations 2012





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(3) If two or more candidates receive equal number of votes, the Chief Election
Officer and those candidates shall approve an appropriate method based on
chance to determine the winner.

(4) The Election Officers and Assistant Election Officers shall ensure that all
ballot papers are returned to the Chief Election Officer immediately after the
election.

18 Announcement

(1) The Chief Election Officer shall inform the Minister of the names of the three
Employer Representatives and the three Employee Repres ntatives that are
elected.

(2) The Chairman shall then declare the results of the election through public
announcement in the manner approved by the Chief Excutive Officer.

19 Election Appeal Committee

(1) The Appeal Board of the National Retirement Benefits Scheme shall be the
Election Appeal Committee to hear any appeal with rega ds to the conduct or
results of the election.

(2) Appeals are to be submitted to the Election Appeal Committee within one
week of the declaration of the result of the election.

(3) Appeals shall be heard within one month of receipt of the appeal.

(4) The Election Appeal Committee shall determine its own rules of procedures
for hearing appeals.

(4) The Election Appeal Committee may make such decision as it thinks fit and
its decision shall be final.

20 Election Expenses

All related expenses for the conduct of elections are to be borne by the Scheme.





Made at Nuku’alofa this 30th day of January 2012.




Hon. Sunia Fili

Minister of Finance

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