Treatment of UK "Contracted Out" Pension Benefits

Robert Latimer made this Official Information request to Ministry of Social Development

The request was successful.

From: Robert Latimer

Dear Ministry of Social Development,

At a Benefits Review Committee hearing today in Orewa, Margaret Denton of your International Services Division made the statement that the Ministry had the right, under the legislation, to deduct from New Zealand Superannuation payments the amount of any pension coming from a UK Company plan that was a "contracting out" plan under the UK Supplementary Earnings Related Plan (SERPS), even though that plan was, by definition, a private plan and not a Government plan. She said that, as a matter of policy, the Ministry did not deduct these pensions from NZ Super.

Please tell me what section of the legislation would allow this deduction.

Yours faithfully,

Robert Latimer

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From: OIA_Requests (MSD)
Ministry of Social Development

Dear Robert Latimer,

Thank you for your email received 25 July 2014, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
 
Regards
Official and Parliamentary Information team   |  Ministerial and Executive Services
Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

-----Original Message-----
From: Robert Latimer [mailto:[OIA #1841 email]]
Sent: Friday, 25 July 2014 12:48 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - Treatment of UK "Contracted Out" Pension Benefits

Dear Ministry of Social Development,

At a Benefits Review Committee hearing today in Orewa, Margaret Denton of your International Services Division made the statement that the Ministry had the right, under the legislation, to deduct from New Zealand Superannuation payments the amount of any pension coming from a UK Company plan that was a "contracting out" plan under the UK Supplementary Earnings Related Plan (SERPS), even though that plan was, by definition, a private plan and not a Government plan. She said that, as a matter of policy, the Ministry did not deduct these pensions from NZ Super.

Please tell me what section of the legislation would allow this deduction.

Yours faithfully,

Robert Latimer

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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

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From: OIA_Requests (MSD)
Ministry of Social Development


Attachment Latimer Robert Final Response dated 22 August 2014.pdf
2.5M Download View as HTML


Dear Robert Latimer,

Please find attached the Ministry's response to your Official Information Act request of 25 July 2014.
 
Regards
Official and Parliamentary Information team   |  Ministerial and Executive Services
Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

-----Original Message-----
From: OIA_Requests (MSD)
Sent: Friday, 25 July 2014 2:20 p.m.
To: 'Robert Latimer'
Subject: Your Official Information Act request - Treatment of UK "Contracted Out" Pension Benefits

Dear Robert Latimer,

Thank you for your email received 25 July 2014, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
 
Regards
Official and Parliamentary Information team   |  Ministerial and Executive Services Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

-----Original Message-----
From: Robert Latimer [mailto:[OIA #1841 email]]
Sent: Friday, 25 July 2014 12:48 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - Treatment of UK "Contracted Out" Pension Benefits

Dear Ministry of Social Development,

At a Benefits Review Committee hearing today in Orewa, Margaret Denton of your International Services Division made the statement that the Ministry had the right, under the legislation, to deduct from New Zealand Superannuation payments the amount of any pension coming from a UK Company plan that was a "contracting out" plan under the UK Supplementary Earnings Related Plan (SERPS), even though that plan was, by definition, a private plan and not a Government plan. She said that, as a matter of policy, the Ministry did not deduct these pensions from NZ Super.

Please tell me what section of the legislation would allow this deduction.

Yours faithfully,

Robert Latimer

-------------------------------------------------------------------

This is an OIA request done via the FYI website.

Please do not send progress updates as PDF files.

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.

-------------------------------------------------------------------

-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.

-------------------------------

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From: Robert Latimer

Dear OIA_Requests (MSD),

Thank you for your reply.

There was no misunderstanding on our part. That was exactly what Ms. Denton said and we confirmed it by questioning her.

Her statement was incorrect (as perhaps were other statements made by her). As the Benefits Review Committee was looking to her for guidance, we think that her behavior is unacceptable.

Yours sincerely,

Robert Latimer

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