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Table of Contents
1.
19.11 GSAB Appeals position specification
1
2.
20.05 Appeals Board and Gazette Alan Peck
3
3.
GSF Appeals Board Process - 2024 onwards
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Item 1
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Government Superannuation Appeals Board – Board Position Specification
Board skill requirements
The Appeals Board requires members with knowledge of public or private sector
superannuation schemes (from a contributor or annuitant perspective, or from an
industry background), who are able to consider and apply legislative provisions to a
variety of different factual circumstances. An understanding of formal decision-making
and statutory appeal processes would be helpful.
Entity’s business and structure
The Government Superannuation Appeals Board was established under the
Government Superannuation Fund Act 1956 (the Act).
The function of the Board is to hear and determine appeals from decisions made by,
or under the authority of, the Government Superannuation Fund Authority under
section 19E of the Act or otherwise in respect of any scheme, in accordance with
sections 7 to 12D of that Act.
Appointment of members of Appeals Board
The members of the Appeals Board are appointed by the Minister of Finance, after
consultation with such representatives of contributors and beneficiaries, and such
other persons, as the Minister thinks fit.
One member of the Appeals Board shall be appointed to represent beneficiaries, and
one member (or, if the Minister in his or her discretion so determines, 2 members) of
the Appeals Board shall be appointed to represent contributors.
In making appointments, the Minister shall ensure that the members of the Appeals
Board have between them the range of skills and experience required for the carrying
out of the function of the Appeals Board.
Current Board composition (terms under consideration shaded)
Board Member
Appointment date
Term end date
Region
Brent Anderson
1 May 2017
30 April 2020
Wellington
Toni Izzard*
1 May 2018
30 April 2021
Wellington
Dr Brian McCulloch
1 May 2018
30 April 2021
Wellington
Karen Radich
1 May 2014
30 April 2020
Wellington
Vacancy
*
NB Toni Izzard is the beneficiaries’ representative, the position of the contributors’
representative is currently vacant.
Board Position Specification – Appeals Board – Nov 2019
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Fees
Fees for the members of the Appeals Board are based on a rate of $340 per day.
Nominations and Expressions of Interest
Nominations for this Board are required to be with Treasury no later than
5.00pm on
Monday 6 January 2020. Following receipt, consideration will be given to the make up
of the Board, and any changes that are appropriate. Please note that at this stage no
decisions to replace incumbents have been made. Any queries should be directed to
Treasury’s Governance and Appointments Team at [email address].
Board Position Specification – Appeals Board – Nov 2019
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Item 2
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Alan Peck
s9(2)(a)
Dear Alan
I am pleased to inform you that, in accordance with section 5 of the Government Superannuation
Fund Act 1956, I have appointed you as a Member and representative of contributors of the
Government Superannuation Appeals Board for a term from 8 June 2020 up to 30 April 2023.
This appointment is made on the basis that you:
•
have consented in writing to being a member of the Appeals Board
•
certified that you are not disqualified from being a member of the Appeals Board
•
disclosed the nature and extent (including monetary value, if quantifiable) of all interests
that you have, or are likely to have, in mat ers relating to the Appeals Board.
The appointment is also subject to the satisfactory completion of background checks.
The function of the Appeals Board is to hear and determine appeals from decisions made by,
or under the authority of, the Government Superannuation Fund Authority under section 19E of
the Government Superannuation Fund Act 1956 or otherwise in respect of any scheme, in
accordance with sections 7 to 12C of the Act. The Board considers, on average, about 2-3
appeals a year and meets only as required, usually 2 or 3 times a year.
The members of the Appeals Board are appointed by the Minister of Finance after consultation
with such representatives of contributors and beneficiaries and such other persons, as the
Minister thinks fit.
The current daily fee for members of the Appeals Board is $340 per day. Fees are payable for
those days on which the Appeals Board meets and for the time spent incidental to those
meetings.
If you wish to accept this appointment, please sign the enclosed “Agreement to Accept
Appointment” and return it via email as per the email address on the declaration.
Yours sincerely
Hon Grant Robertson
Minister of Finance
cc
Brent Anderson, Chair,s9(2)(a)
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Agreement to Accept Appointment
Hon Grant Robertson
Minister of Finance
PARLIAMENT BUILDINGS
WELLINGTON 6160
Dear Minister
I acknowledge receipt of your letter appointing me as a Member and representative of
contributors of the Government Superannuation Appeals Board for a period from 8 June
2020 up to 30 April 2023.
I wil ensure that I keep myself fully familiar with the obligations and responsibilities of the
position. I accept the appointment is subject to the satisfactory completion of background
checks.
I undertake to advise you, via Treasury, of any change in my circumstances that may
have an impact on my ability to continue to serve on the Government Superannuation
Appeals Board.
Yours sincerely
Alan John PECK
Date:
Please return via email to:
[email address]
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DRAFT GAZETTE NOTICE FOR MINISTER’S SIGNATURE
Please return signed copy. Treasury wil then arrange publication
Appointment to the Government Superannuation Appeals Board
Pursuant to section 5 of the Government Superannuation Fund Act 1956, I appoint to the
Government Superannuation Appeals Board
Alan John Peck
as a member from 8 June 2020 up to 30 April 2023.
.
Dated at Wellington this ................................... day of ....................................... 2020.
HON GRANT ROBERTSON, Minister of Finance
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Government Superannuation Fund (“GSF”) Appeals Process
1.
Introduction
The Government Superannuation Fund is set up under the Government
Superannuation Fund Act 1956 (the Act). This Act provides the basis for al of the GSF
schemes including membership rights, contribution rates and benefits on retirement.
The Act establishes the Government Superannuation Fund Authority (the Authority) as
the body corporate responsible for the management and administration of the
Government Superannuation Fund and the Schemes in accordance with the
Government Superannuation Fund Act 1956 (as amended).
The Authority has contracted out the detailed administration of the various schemes,
including the col ection of members’ and employers’ contributions and the payment of
benefits, to Datacom.
Members’ contact with the Fund is therefore mostly through Datacom New Zealand.
However, decisions on the interpretation of the Act, where this may be unclear or on
the various discretionary matters within the Act are made by the Government
Superannuation Fund Authority. Issues are referred to the Authority through Datacom
New Zealand.
2.
Appeal rights
Decisions made by the Authority are subject to a right of appeal to the Government
Superannuation Appeals Board
3.
What are the Authority’s discretionary powers?
Although the Act specifies contribution rates and benefits, there are a range of
interpretation and discretionary matters which are determined by the Authority.
Some discretionary powers concern administrative matters such as the ability to direct
members to send election papers to a certain address. Other discretionary powers
have the ability to affect the benefits members receive and the cost to the Fund in
providing those benefits. Examples of areas where the Authority has discretion
include: late elections to purchase service or pre-entry training; elections to continue to
contribute to the Fund beyond three months after leaving Government service;
applications to contribute to the Fund in respect of pre-service training; determination of
de facto or multiple spousal allowances.
The above examples are not to be confused with benefits that are prescribed in the Act
such as: the amount of retiring allowance; the right to contribute in respect of past
Government service up to age 50; ability to cease contributions prior to age 50; the
ability to contribute on a former higher salary. No discretionary powers are available to
change these benefits.
4.
Policies arising from discretionary powers exercised in the past
A document has been published outlining the provisions of the Act and how they are
applied and detailing the policies that have been made in respect of the various areas
of discretion.
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5.
Changes to published policies
The Authority has the power to make changes to the published policies or create new
ones. If the Authority does do this, the new policy wil be published.
Copies of such changes will be automatically sent to contributing members’ employers,
union representatives and superannuitants’ associations. Members can request copies
of
the
published
policies
from
the
Authority
at
any
time.
https://www.gsfa.govt.nz/policies/schemes/
6.
Why do members need to know what the current policies are?
When considering discretionary issues, the Authority will take into account established
policy.
7.
What is the Appeals Process?
The appeals process, as defined in sections 7 to 12, of the Act, is designed to give
members a right of appeal if they disagree with a decision made by the Authority on an
issue of interpretation of the Act or in relation to a discretionary power.
The steps of the appeals process are described in Section 10.
8.
Objectives of the Appeals Process
The objectives of the Appeals Process are to make it tight, easily accessible and
simple to follow.
The process is also designed to ensure that members know what factors were taken
into account when the Authority made their decision, and what the Appeals Board
considered when it reviewed that decision on appeal.
Members have the right to appear in person before the Appeals Board or to appoint a
representative to appear on their behalf.
9.
What is the Appeals Board?
The Appeals Board comprises up to five people who are appointed by the Minister of
Finance for a term of up to three years. Appeals Board members can be reappointed
for a further term.
In considering appointments, the Minister of Finance is required to consult with such
representatives of contributors and beneficiaries as the Minister thinks fit. One Appeals
Board member must represent contributors’ interests and another must represent
beneficiaries’ interests.
A list of current members of the Appeals Board can be requested from the Governance
and Appointments team.
10.
How does the Appeals Process work?
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A request by a member for a decision on a matter of interpretation or discretion would
normal y be made to Datacom New Zealand. The issue for decision could be referred
to the Authority, along with background information.
If the Authority declines the request and the member disagrees with that decision and
wants to appeal it
(section 7(b)), then the fol owing steps must be taken:
Step 1:
An appeal must be made within 28 days of receiving the Authority’s
decision. It should be made in writing to the Authority (either by letter
or fax) and enclose any relevant information.
(Section 8(1) and (4))
Step 2:
The Authority will acknowledge in writing the member’s letter or fax
and advise of any fee payable. There is currently there is no fee
payable.
The Authority will advise the member of the right to receive copies of
all the written evidence that the Appeals Board wil be taking into
account when considering the appeal.
The member wil also be advised of the right to appear in person
before the Appeals Board or appoint someone to appear on their
behalf.
(Section
8(5)(b))
Step 3:
Although there are no set times for the Appeals Board to meet, every
effort wil be made to ensure that cases are considered within a
reasonable period of time after an appeal has been made in writing to
the Authority.
At least 14 days before the Appeals Board considers the Appeal, the
Authority will send the member copies of all written evidence the
Appeals Board will take into account, including a copy of the
Authority’s report.
Sect
ion 9(1) (a))
If the member has requested to appear or send a representative to
appear before the Appeals Board, the Authority wil advise the
member when and where the appeal wil be held.
Step 4:
The Appeals Board will consider all written (and oral) evidence and
make its decision.
In arriving at a decision, the Appeals Board has to consider:
(a)
the Authority’s report;
(b)
the interests of the Crown as notified in writing by the
Minister;
(c)
the interests of the member; and
(d)
any other evidence it thinks is applicable to the situation.
(Section 12)
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Step 5:
As soon as possible after the Appeals Board has considered the case,
it wil advise both the member and the Authority in writing of its
decision.
(Section 12A(1))
Step 6:
Within 28 days of receiving advice of the Appeals Board’s decision,
the member can write to the Appeals Board (c/- the Authority)
requesting it give the reasons for its decision.
(Section 12A(2) &(3))
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Appendix: Appeals Board process for Secretariate
As secretariate, the Treasury is responsible for administrative support to the committee,
such as organising meetings and claiming expenses, contacting members, and taking
minutes or record keeping.
All
prior
folders
for
the
role
can
be
found
here:
https://portia.hamlet.treasury.govt.nz/work/link/w/IMANAGE!246652
A
record
of
prior
decisions
up
to
2003
can
be
found
here:
https://portia.hamlet.treasury.govt.nz/work/link/d/IMANAGE!529266.1
Meetings
As secretariate the Treasury will set the meeting, usually in the Treasury building. The
meeting length will depend on the how many reviews are taking place in one sitting and
how complicated the review is. The GSFA wil be able to help with contacting the
appellant with timing for their appeal (note that it is standard practice for a
representative of the GSFA to attend the appeal).
Minutes must be taken during meetings and need to include the rationale for the
decision. These must be filed away accordingly.
A letter of decision must be drafted fol owing the appeal for the appellant.
Records must be kept in the appropriate folders, al relevant correspondence must also
be kept.
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Document Outline
