NZ Funds Managed Superannuation Service - Other material information 21 october 2020
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NZ Funds Managed Superannuation Service Other material information 21 october 2020
Contents 1. Background �������������������������������������������������������������������������������������������������������������������������������������������������� 03 2. NZ Funds Managed Superannuation Service �������������������������������������������������������������������������� 03 3. The Manager ������������������������������������������������������������������������������������������������������������������������������������������������� 03 4. Other parties ���������������������������������������������������������������������������������������������������������������������������������������������� 04 5. Supervisor & Manager indemnity ������������������������������������������������������������������������������������������������� 04 6. Joining & contributing ������������������������������������������������������������������������������������������������������������������������ 04 7. Withdrawals ������������������������������������������������������������������������������������������������������������������������������������������������ 06 8. Other key terms ���������������������������������������������������������������������������������������������������������������������������������������� 08 9. More about fees & charges �������������������������������������������������������������������������������������������������������������� 09 10. Risks ������������������������������������������������������������������������������������������������������������������������������������������������������������������� 12 11. Conflicts of interest ��������������������������������������������������������������������������������������������������������������������������� 14 12. Tax ����������������������������������������������������������������������������������������������������������������������������������������������������������������������� 14 13. Personal information �������������������������������������������������������������������������������������������������������������������������� 16 14. Material contracts �������������������������������������������������������������������������������������������������������������������������������� 16 15. More about market indices ��������������������������������������������������������������������������������������������������������������� 17 02 : : nz funds managed superannuation service : : other material information : : 21 october 2020
1. Background Superannuation class & rops class This document tells you more about the NZ Funds Managed The Service has two classes of membership (the Superannuation Superannuation Service (Service). It should be read together Class and the ROPS class) to reflect that the rules that apply with the Product Disclosure Statement (PDS), Statement to New Zealand superannuation schemes generally are not the of Investment Policy and Objectives (SIPO) and any other same as the rules that apply to UK pension transfers. documents held on the offer and scheme registers at The Superannuation Class has been established for retirement disclose-register.companiesoffice.govt.nz. savings and to receive money transferred from other In this document, the words ‘you’, ‘your’ or ‘Member’ means a superannuation schemes. You can also make regular or lump person that invests in the Service and the words ‘NZ Funds’, sum contributions to the Superannuation Class. ‘we’, ‘us’, ‘our’ or ‘the Manager’ means New Zealand Funds The ROPS Class has been established to receive money Management Limited. When we use the word ‘current’ or transferred from UK pension schemes or other QROPS. Other ‘currently’ about a law, policy, or practice we mean at the date than these transfers, you cannot make contributions to the of this document. ROPS Class. The information in this document may change. Please check the The Income, Inflation and Growth Strategies have both a offer register at disclose-register.companiesoffice.govt.nz for Superannuation Class and ROPS class. The Income Strategy – any updates. British Pounds and the Growth Strategy – British Pounds only have a ROPS class. 2. NZ Funds Managed Superannuation Service 3. The Manager The Service is registered as a superannuation scheme under about nz funds the Financial Markets Conduct Act 2013 (FMC Act). It is established and managed under the rules set out in its trust NZ Funds is the manager of the Service. We are licensed by the deed, also called the governing document (Trust Deed). You Financial Markets Authority (FMA) to be a manager of registered can get a copy of the Trust Deed from the scheme register at managed investment schemes under the FMC Act. disclose-register.companiesoffice.govt.nz. NZ Funds is wholly owned by Investment Group Holdings Limited The Service is a Qualifying Recognised Overseas Pension (IGHL). IGHL is owned by interests associated with its directors Scheme (QROPS). A QROPS is a non-UK pension scheme that and by the NZ Funds Executive Trustee Company Limited as meets certain requirements set by Her Majesty’s Revenue and trustee of the IGHL Trust. The beneficiaries of the IGHL Trust Customs (HMRC) and can accept money transferred from a UK are mainly senior management of NZ Funds. pension scheme or other current or former QROPS. Our directors Investment options Gerald Noel Siddall (LLB) is a non-executive director and The Service offers six investment options: five funds, also Chairman of NZ Funds. Gerald has more than 35 years’ referred to as Strategies (Income Strategy – British Pounds, experience in the financial services industry in New Zealand and Growth Strategy – British Pounds, Income Strategy, Inflation overseas. He co-founded NZ Funds in 1988 and was responsible Strategy, and Growth Strategy) and a life cycle investment for building and leading NZ Funds until 2009. He was previously option (LifeCycle). a director of NZ Funds until March 2010. He was reappointed as a director of NZ Funds on 21 March 2016. Gerald is not an LifeCycle automatically allocates your investment across the employee of NZ Funds and is not an independent director as he Income Strategy, Inflation Strategy, and Growth Strategy each has a material indirect ownership interest in NZ Funds as the year, based on your age (the Income Strategy – British Pounds and beneficiary of a trust. the Growth Strategy – British Pounds are not part of LifeCycle). Gregory Bernard Horton (LLB (Hons), BCom) is an independent Alternatively, you can invest using SelfSelect. Under SelfSelect, director of NZ Funds. Gregory was appointed a director of you can choose which Strategy or Strategies to invest in and how NZ Funds in May 2013. Gregory is special counsel at Harmos much you would like to invest in each Strategy. More information Horton Lusk Limited, a law firm based in Auckland. He has on LifeCycle and each Strategy is included in the PDS. practised law both in New Zealand and overseas. Gregory has an indirect ownership interest in NZ Funds through the IGHL Trust. nz funds managed superannuation service : : other material information : : 21 october 2020 : : 03
Michael John Lang (BA (Econ), LLB (Hons), CFA) is a director Custodian and Chief Executive of NZ Funds. Michael joined NZ Funds in The Supervisor is responsible for holding the property of the 1993. He left to work overseas in 2003 and returned in 2008. Service. Currently all property is held by the Supervisor, however, Michael became a director of NZ Funds in 2010 and was the Supervisor may enter into custodial services agreements appointed Chief Executive on 1 October 2018. Michael is not with third parties to provide custodial services in the future. an independent director as he is an employee of NZ Funds and has a material indirect ownership interest in NZ Funds as the Auditor beneficiary of a trust. The auditor is Ernst & Young. Ernst & Young is registered under Richard Stuart Taylor James (Dip. Bus. (Finance)) is a director and the Auditor Regulation Act 2011. consultant to NZ Funds. Richard originally joined NZ Funds as an employee in 1993 and became a director of NZ Funds in August Solicitors 2006. He was appointed as a consultant on 1 October 2018, having previously been Chief Executive of NZ Funds since 2009. The solicitors are Russell McVeagh. Richard is not an independent director as he has a material indirect ownership interest in NZ Funds as the beneficiary of a trust. 5. Supervisor & Manager Russell William Tills (BCom, ACA) is a non-executive director indemnity of NZ Funds. Russell has more than 35 years’ experience in Unless it fails to meet the standard of care required by the the financial services industry in New Zealand and overseas. FMC Act, if the Supervisor incurs any expense or liability in He joined NZ Funds in 1989 and along with Gerald Siddall, carrying out its role as Supervisor, it is indemnified under the was responsible for building and leading NZ Funds until Trust Deed (and can be reimbursed) from the Service’s assets. 2009. He was a director of NZ Funds until March 2010. He We, as manager, are also indemnified on the same terms. More was reappointed as a director of NZ Funds on 21 March information is set out in the Trust Deed. 2016. Russell is not an employee of NZ Funds and is not an independent director as he has a material indirect ownership interest in NZ Funds as the beneficiary of a trust. 6. Joining & contributing John Lindsay Cobb (PG Dip (Business Finance), NZX Diploma, joining the service Level 1 and 2, ASX Derivatives qualification) is an independent You can join the Service by investing in the Superannuation Class director of NZ Funds. He was appointed a director of NZ Funds or the ROPS Class of a Strategy. Who may invest in each class is on 1 February 2019. John has had a 20-year career in share described below and summarised in the table on page 5. How you broking and investment banking, and now works with a number join the Service is explained in the PDS. of small businesses assisting with growth and investment. Superannuation Class Our directors may change from time to time. You can find the names of our directors at companies-register. You can invest in the Superannuation Class if you are an companiesoffice.govt.nz. individual, or a person who is the trustee or manager of a retirement scheme. If you are transferring money from a UK pension scheme or other QROPS, you will need to invest that 4. Other parties money in the ROPS Class as discussed below. Supervisor ROPS Class The New Zealand Guardian Trust Company Limited is the You can invest in the ROPS Class if you are an individual who is supervisor (Supervisor) of the Service. The Supervisor is tax resident in New Zealand and are transferring money from a licensed by the FMA to be a supervisor of registered managed UK pension scheme or from another QROPS. Other than these investment schemes under the Financial Markets Supervisors transfers, you cannot make contributions to the ROPS Class. Act 2011. More information on the Supervisor’s licence is available on the FMA’s website at www.fma.govt.nz. There are specific UK pension rules that apply to QROPS (UK Pension Rules) for transfers and withdrawals of UK pension The Supervisor’s current directors are Robin Albert Flannagan amounts. These rules continue to apply if you transfer from one and James Earl Douglas. The Supervisor’s directors may change QROPS to another QROPS. from time to time. You can find the names of the Supervisor’s directors at companies-register.companiesoffice.govt.nz. 04 : : nz funds managed superannuation service : : other material information : : 21 october 2020
Superannuation Class ROPS Class Income Growth Strategy Strategy Income Inflation Growth -British -British Income Inflation Growth Strategy Strategy Strategy Pounds Pounds Strategy Strategy Strategy New Zealand superannuation transfer New New Zealand superannuation investor Regular contributions UK pension scheme transfer QROPS transfer We recommend you get financial and tax advice before you join or final salary schemes) then those benefit guarantees will no the Service to satisfy yourself that joining the Service will not longer apply if you transfer to the Service. result in you breaching the UK Pension Rules. We may impose conditions on the acceptance of any UK pension scheme transfers as long as these comply with New Zealand law, Transferring from another scheme the Trust Deed and the UK Pension Rules. Transfers generally We and the Supervisor are not responsible for any UK tax, You may transfer to the Service from any other superannuation other charges or adverse outcomes that arise as a result of scheme, retirement scheme or managed investment scheme. We you transferring to the Service. can decline to accept a transfer in our discretion and no reasons are required to be given if any transfer is rejected. Making investments If accepted, the amount you transfer will be credited to your Superannuation Class member account. We must have regard to any restrictions, You can contribute to the Superannuation Class of a Strategy limitations or conditions imposed by the transferring scheme by making regular or lump sum contributions. You are free to manager or supervisor. choose when and how much to invest. There are currently no You should be aware that the scheme you are transferring from minimum amounts. may charge you fees when you exit their scheme. However, we do To make regular contributions, you will need to complete a direct not charge any fee for processing transfers to the Service. debit form (available at the back of the PDS or on our website Transfers from UK pension schemes or other QROPS at www.nzfunds. co.nz.). We may accept alternative payment methods for regular contributions. You can make regular You can transfer to the Service from a UK pension scheme or contributions on a weekly, fortnightly, monthly or quarterly basis other QROPS however any amount transferred can only be and can change or stop your contributions at any time by sending invested in the ROPS Class. us a letter or email. Transfers to the ROPS Class will not incur UK tax liabilities if To make a lump sum contribution, you will need to complete the amount transferred is within your remaining UK lifetime a lump sum contribution form (available on our website allowance. The total UK lifetime allowance is currently at www.nzfunds.co.nz). £1,073,100 for the UK tax year ending 5 April 2021. In some circumstances a UK Overseas Transfer Charge may apply ROPS Class – see page 8 for more information. Other than transfers from UK pension schemes or other QROPS, If your UK pension scheme provides any guaranteed minimum you cannot make contributions to the ROPS Class. benefits (such as those included in defined benefit schemes nz funds managed superannuation service : : other material information : : 21 october 2020 : : 05
7. Withdrawals The specified percentage that you can withdraw each year under the transition to retirement formula is shown below: You can make a withdrawal under the superannuation scheme rules in the Financial Markets Conduct Regulations 2014 (the Percentage of superannuation class Superannuation Scheme Rules) and the Trust Deed. Unless you investment that may Age be withdrawn satisfy one of the withdrawal criteria, you cannot generally withdraw from the Service. If you are invested in the ROPS Class, 55 9% your withdrawal must also comply with the UK Pension Rules. 56 10% Superannuation class 57 11% The table below shows the main types of withdrawals if you are 58 13% invested in the Superannuation Class and what you can withdraw. More information on each type of withdrawal is included below. 59 14% Withdrawal type What can you withdraw? 60 17% Retirement The full value of your investment 61 20% Transition to retirement Periodic withdrawals over up to 62 25% a 10-year period calculated in accordance with the formula set 63 33% out in the Superannuation Scheme Rules 64 50% Significant financial hardship Up to the full value of your 65 100% investment Serious illness Up to the full value of your The annual withdrawal limits are not cumulative (for example, investment at age 58 a member cannot withdraw 43% of their investment, Death The full value of your investment they can only withdraw 13% over the next 12 month period). (which will be paid to your estate) Significant financial hardship Retirement withdrawals If you are suffering or are likely to suffer significant financial You can withdraw the full value of your investment in the hardship, you can apply to the Supervisor to withdraw some or Superannuation Class when you reach the earlier of: all of your investment in the Superannuation Class. Significant financial hardship includes significant financial difficulties that • The age of eligibility for New Zealand superannuation arise because of: (currently age 65); or • Your inability to meet minimum living expenses; • The date you turn age 60, if the Supervisor is satisfied that you have permanently retired from business or employment. • Your inability to meet your mortgage repayments on your principal family residence resulting in the mortgagee seeking to enforce the mortgage on the residence; Transition to retirement withdrawals Where the Supervisor is satisfied that you have reached • The cost of modifying a residence to meet special needs the age that is 10 years before you qualify for New Zealand arising from your disability or the disability of any of your superannuation (currently age 55), you can make periodic dependants; withdrawals from the Service calculated under the formula • The cost of medical treatment for an illness or injury suffered in the Superannuation Scheme Rules. by you or any of your dependants; • The cost of palliative care for you or any of your dependants; • The cost of a funeral for any of your dependants; or • If you are suffering from a serious illness (see below). 06 : : nz funds managed superannuation service : : other material information : : 21 october 2020
The Supervisor must be reasonably satisfied that reasonable The summary above is based on our understanding of current alternative sources of funding have been explored and UK law. Future changes to the UK Pension Rules could adversely exhausted. The Supervisor can limit the withdrawal to an amount affect the tax treatment of any withdrawals or transfers that you that it thinks is enough to help with your hardship. You may be make. You should discuss the potential UK tax consequences of required to give evidence supporting your application. any withdrawal or transfer from the ROPS Class with your tax adviser before you make the withdrawal or transfer. Serious illness None of the parties involved in the Service are responsible for If you are suffering from a serious illness, you can apply to the any tax consequences arising from your withdrawal or transfer. Supervisor to withdraw some or all of your investment in the Superannuation Class. Serious illness means an injury, illness or Ill health disability that: If you retire before age 55 because of ill-health, then you can Results in you being totally and permanently unable to engage in apply to make a withdrawal in the same way as if you had reached work for which you are suited by reason of experience, education, age 55. You must give the Supervisor medical evidence that training, or any combination of those things; or you are, and will continue to be, incapable of carrying on your occupation because of physical or medical impairment. • Poses a serious and imminent risk of death. • You may be required to give evidence supporting Serious ill health your application. If you retire before age 55 because of serious ill-health, then you can apply to withdraw the full value of your investment in the rops class ROPS Class as a lump sum. You must give the Supervisor medical If you are invested in the ROPS Class, you can only withdraw your evidence that you are expected to live for less than one year. investment in accordance with the UK Pension Rules which allow you to withdraw: Other withdrawals • When you reach the UK normal minimum pension age Death (currently 55); or If you die while a member of the Service, your personal • If you meet the ill health or serious ill-health conditions representatives (that is, the executors or administrators of your under UK law. estate) may apply to withdraw the balance of your investment. If your savings are less than the prescribed amount (currently When you make a withdrawal from the ROPS Class, 25% of $15,000) and other conditions are met, we can pay the balance the original amount of your UK sourced pension funds along of your investment directly to a person allowed by law to receive with any returns, will be tax free. UK tax may be payable on the it. This could be a surviving spouse or partner. remaining 75% depending on your tax residency. Based on our understanding of the current law, if you are a New Zealand tax Other Acts resident at the time of withdrawal, you should not be liable to pay We and the Supervisor will comply with any law or Court order any UK tax on the withdrawal. Your tax residency depends telling us to release some or all of your investment. For example, on your individual circumstances. a Court order under the Property (Relationships) Act 1976. If you withdraw any amount in excess of the authorised amounts Transfers (either as a lump sum or as a pension) you may be liable for an unauthorised payment charge and unauthorised payment You can apply to transfer your investment in the Service to surcharge (see section 13 ‘Tax’ for more information). another superannuation scheme, KiwiSaver scheme, or an equivalent overseas retirement scheme. If the other scheme If you have transferred to the Service from a UK pension scheme agrees to accept the transfer, we will transfer the value of your or from another QROPS, we may also have to comply with any member account to that scheme. withdrawal requirements set by the transferring scheme. We can decline a withdrawal or transfer request if we consider that If you are invested in the ROPS Class, you can only transfer allowing the withdrawal or transfer is not in the best interests of your investment to another QROPS or a UK registered pension the Service or the Members. scheme. Transfers from the ROPS Class may also be subject to the UK Overseas Transfer Charge (see below). nz funds managed superannuation service : : other material information : : 21 october 2020 : : 07
Restrictions on withdrawals We may set valuation methods and policies for each category of asset and change them from time to time. The Supervisor In some circumstances you may not be able to withdraw, as a lump approves these methods and policies and we will tell the sum, funds that you have transferred from another scheme if Supervisor if we make any changes. Sometimes we use withdrawal conditions from the other scheme apply. For example, estimates to value assets, for example, where assets are priced the amount transferred may be subject to a requirement for all monthly, or where assets become illiquid (difficult to convert to or part of the transfer amount to be locked in or withdrawn in the cash) or are not regularly traded. form of an annuity, or other form of income for life. Specific transactions (for example, large transactions) may If you have transferred from a UK pension scheme or another require us to adjust the unit price for that day so that the costs QROPS, we may agree with the scheme manager of that UK of those transactions are paid by the Members involved in those pension scheme or QROPS to impose other terms and conditions transactions. We do not currently charge transaction costs. on the amount you have transferred to the Service. Withdrawal payments uk overseas transfer charge & unauthorised payments charge Withdrawals will be processed at the unit prices on the next Valuation Day following the day on which your withdrawal If you transferred from a UK pension scheme to the Service (or request is approved. Once a withdrawal request is approved, you to another QROPS) on or after 9 March 2017 and at the time of will normally receive payment within four business days. the transfer you were not a New Zealand tax resident, or within five full UK tax years (the UK tax year runs from 6 April to the Suspension powers next 5 April) following the transfer, you: We can suspend net asset value calculations, withdrawals, or • Cease to be a New Zealand tax resident; or transfers to or from the Service or any Strategy (including • Transfer your investment in the ROPS Class to a scheme switches) if we think allowing them is not practicable or would in a country where you are not tax resident, be prejudicial to the interests of any Members. We have to tell the Supervisor if we do this, and the suspension period cannot be then you may be required to pay to HMRC a UK Overseas longer than 10 days unless the Supervisor agrees. Transfer Charge equal to 25% of the UK pension amount transferred. This may also arise if you do not provide all required Borrowing information before a transfer is processed. In addition, there Borrowing is allowed under the Trust Deed. However, the may be UK tax on an unauthorised withdrawal or transfer of up to Strategies do not currently borrow money for the purpose of 55% of the amount withdrawn or transferred. See section investing. This does not include ongoing operational agreements 13 ‘Tax’ for more information. with service providers such as overdraft facilities and creditor relationships or leverage created through the use of derivatives. 8. Other key terms Terminating or changing a strategy This section summarises some of the key terms used in the Service. For more detailed information, please see the We may terminate, close or change the nature of any Strategy Trust Deed. or Class, or combine any two or more Strategies or Classes, on terms and conditions as we think fit. We have to tell the Valuation & unit pricing Supervisor before we do this. Calculating a unit price allows us to value your investment in a Winding-up/insolvency Strategy. Each Strategy’s unit price is calculated by dividing the net asset value of that Strategy by the number of units issued to If the Service is wound up or becomes insolvent, the assets of Members. The net asset value is the value of a Strategy’s assets the Strategies will be sold and the money will be used first to less its liabilities. meet the claims of any creditors. After all creditors have been paid, your share of what remains will be paid to you. The Trust Deed sets out the principles that apply to the valuation of a Strategy’s assets and calculation of net asset value. We generally calculate the net asset value of a Strategy each business day (called a Valuation Day). 08 : : nz funds managed superannuation service : : other material information : : 21 october 2020
Indemnity for tax liability We may change the base fee, so long as we tell the Supervisor. We may also charge a Member, or group of Members (including You are required to repay us and the Supervisor for any tax paid any group of Members advised by a financial adviser), a lower on your behalf in respect of your investment in the Service or on base fee, or we may rebate all or some of the base fee for a income from your investment in the Service, including any UK Member or a group of Members. Please see below details of tax. This only applies if your investment is not sufficient to meet current fee rebates. your tax liability. Fee rebates Changes to trust deed We will rebate a portion of our base fee from our own funds The Trust Deed can be changed by us and the Supervisor. based on the total amount you have invested in the Service Any changes must comply with the FMC Act. and other managed funds offered by NZ Funds (your total investment). If your total investment is $1,000,000 or more, 9. More about fees & charges we will give you a base fee rebate of: 0.17% of the proportion of your investment in the Inflation Strategy; and 0.40% of the Annual fund charges proportion of your investment in the Growth Strategy – British Estimated annual fund charges are included in section 5 of the Pounds and the Growth Strategy. PDS and are made up of a base fee, service fee (which covers the Your entitlement to receive a fee rebate is based on your Supervisor’s fee and other third party service charges), external total investment at each calculation date. This means that manager fee, and performance fee. contributions, withdrawals and market movements may influence In addition to annual fund charges, transaction costs of buying whether or not you are entitled to a rebate. We may also extend and selling assets (e.g. brokerage) are paid directly or indirectly the rebate calculation to include your related accounts. by the Strategies and reflected in the unit price. The base fee rebate is calculated daily based on your investment balance and paid monthly by giving you extra units in the relevant Base fee Strategies. The rebate will generally be paid on the 25th of each Each Strategy is charged an annual base fee by NZ Funds which month. If you fully withdraw from the Service before we pay any covers the management and administration of the Strategy. The fee rebate, you will no longer be entitled to that rebate. fee is calculated daily and paid monthly. The current base fees are: We may change the rate and basis for calculating the base fee rebate, or remove the rebate, at any time. If we decrease the Strategy Base fee* (p.a.) rebate rate or remove the rebate, we will give one month’s notice Income Strategy – British Pounds 1.00% to Members affected by the change. Growth Strategy – British Pounds 1.14% In addition to our fee rebate, we may from our own funds, pay or rebate some or all of the fees and expenses incurred in the Income Strategy 1.00% Strategies or any of the Wholesale Trusts. Inflation Strategy 1.10% Service fee Growth Strategy 1.14% Supervisor fee LifeCycle 1 Age 0-54 1.13% The Supervisor charges a fee for its services. The Supervisor fee Age 65 1.09% for each Strategy is currently up to 0.04% per annum of the gross Age 75 1.08% asset value of the Strategy, subject to a minimum of $20,000 across all Strategies. Supervisor fees are calculated daily and * As a percentage of the gross asset value of each Strategy. paid monthly by each Strategy. Estimates of Supervisor fees are included within ‘annual fund charges’ in the PDS. The Supervisor may, if we agree, change the Supervisor’s fee at any time. 1. We have selected 3 examples to provide information on LifeCycle in this document. nz funds managed superannuation service : : other material information : : 21 october 2020 : : 09
Other third party service charges An external manager will typically only charge a performance The Strategies and the wholesale trusts managed by us fee when its investment return outperforms a benchmark or a (Wholesale Trusts) that the Strategies invest in may incur other performance hurdle (which may be 0%). The above estimates third party charges for services such as legal, audit and custody. include performance fees which are based on an assumption These third party service charges are paid out of the assets of of the likely outperformance of the current external managers. the Strategy or Wholesale Trust. Estimates of these charges are Estimates of other external manager fees and expenses are included within ‘annual fund charges’ in the PDS. based on fee information provided by the current external managers. Assumptions on the percentage of each Strategy External manager fee invested in external managers are based on the Strategies’ The Strategies may invest in underlying funds managed by current target allocations. external specialist investment managers (external managers) which may charge fees (including entry fees, exit fees, The external managers and the Strategies’ allocation to those management and administration fees, and performance fees), managers will change from time to time. Actual fees will and incur expenses. The returns of a Strategy will be indirectly depend on the managers selected, their performance, and the affected by these fees and expenses. The annual fund charges in Strategies’ allocation to those managers, and will vary from the PDS include the following estimated external manager fees: the estimates. estimated external strategy manager fee (p.a.) Performance fee Income Strategy – British Pounds 0.00% None of the Strategies are charged a performance fee directly by NZ Funds. However, where specific performance targets Growth Strategy – British Pounds 0.37% are met, NZ Funds may charge a performance fee in certain Wholesale Trusts that the Strategies invest in. The Wholesale Income Strategy 0.00% Trusts where a performance fee may be charged and the Inflation Strategy 0.18% Strategies that currently invest in those Wholesale Trusts is set out in the table below. Growth Strategy 0.37% The performance fee for each Wholesale Trust is calculated daily LifeCycle Age 0-54 0.33% and reflected in its unit price. Performance fees are paid on or after Age 65 0.21% 31 March each year, subject to a high-water mark as described in Age 75 0.18% the PDS. The high-water mark cannot be reset lower. * As a percentage of the net asset value of each Strategy. The Wholesale Trusts use recognised market indices as their performance hurdle rates of return. Out-performance of the market indices, whether the market indices return is positive or negative, will result in a performance fee being accrued even though the unit price may be below the last high-water mark. Wholesale Trusts that may charge a performance fee private Investing private core private global absolute private dividend private global private global strategies income trust income trust return trust yield trust macro trust inflation Income Strategy – British Pounds Growth Strategy – British Pounds Income Strategy Inflation Strategy Growth Strategy 10 : : nz funds managed superannuation service : : other material information : : 21 october 2020
The performance returns of each Wholesale Trust are calculated The annual fund charges in the PDS include the following on a before tax basis and include imputation credits (where estimated performance fees: applicable). When we calculate the performance of the hurdle estimated rate, we include the following notional management fees: strategy performance fee* • For the Private Dividend Yield Trust and Private Global Macro Income Strategy - British Pounds 0.03% Trust, 0.40% per annum; and Growth Strategy - British Pounds 0.03% • For the other Wholesale Trusts, 0.20% per annum. Income Strategy 0.03% The notional management fee has the effect of increasing the Inflation Strategy 0.02% required level of return the Wholesale Trust must achieve before it is eligible for a performance fee. Growth Strategy 0.03% Below is an example of the Private Dividend Yield Trust LifeCycle Age 0-54 0.03% performance fee. It is a simplified example of how the Age 65 0.03% performance fee is calculated in different scenarios. It is for Age 75 0.03% illustration only and is not an indication of actual or forecast investment returns. * As a percentage of the net asset value of each Strategy. Example of Private Dividend Yield Trust performance fee Investment investment relative value of under- high performance under value at value at end performance performance water fee accrued performance financial start of year (before investment hurdle brought net out performance high water mark performance to pay in carried year of year performance fee) return rate % $ forward performance fee charged mark met fee paid future years forward Y1 $10,000.00 $11,000.00 10.0% 8.0% 2.0% $200.00 NIL $200.00 $30.00 $10,000.00 $30.00 NIL NIL Y2 $10,970.00 $11,847.60 8.0% 10.0% -2.0% NIL NIL -$219.40 NIL $10,970.00 NIL NIL -$219.40 Y3 $11,847.60 $10,662.84 -10.0% -15.0% 5.0% $592.38 -$219.40 $372.98 $55.95 $10,970.00 NIL $55.95 NIL Y4 $10,606.89 $12,197.93 15.0% 15.0% 0.0% NIL NIL NIL NIL $10,970.00 $55.95 NIL NIL In this example, the performance fee of the Private Dividend Yield Trust (Wholesale Trust) is 15% of the amount by which its performance (before tax but including imputation credits) exceeds the hurdle rate of return. In year one, the Wholesale Trust outperforms the hurdle rate by 2% accruing a performance fee which is then paid at the end of the performance period and a new high- water mark set. In year two, the Wholesale Trust underperforms the hurdle rate and consequently no performance fee is accrued. Any underperformance is carried forward and must be recovered before any future performance fee is accrued. This is illustrated in year three, when the Wholesale Trust returns more than the hurdle rate and the year two underperformance is recovered. As the outperformance in year three exceeds the underperformance from year two, a performance fee is accrued in year three. However, no performance fee is paid at the end of year three as the Wholesale Trust is below the last high-water mark (set in year one). The performance fee accrued in year three is not paid until the end of year four, when the Wholesale Trust exceeds the high-water mark. A new high-water mark is set at the end of year four. nz funds managed superannuation service : : other material information : : 21 october 2020 : : 11
These estimates are based on the following assumptions: 10. Risks • An assumption that the Wholesale Trust will on average Every investment has risks. The primary risks of investing in the achieve returns above the market index (hurdle rate) over the Service include: long term. • Not getting back some or all of your money; • Assumptions on the percentage of each Strategy invested in the Wholesale Trusts that charge performance fees are based • Not getting the returns you expected; on current target allocations. • Experiencing periods where your investment is worth less than it was previously; and The estimates are not intended to indicate any expected returns or fees. Actual performance fees will vary from the estimates. • Not being able to withdraw from the Service when Actual performance fees for the most recent year are available you want to. in the latest quarterly fund update which you can get from our The following information is in addition to section 4 of the website at www.nzfunds.co.nz. PDS – “What are the risks of investing?”. In the PDS, we discuss All performance fees paid to NZ Funds by a Wholesale Trust are what we believe are the more significant risks of investing in on arm’s length terms and meet the requirements for related the Service. However, there are other risks associated with the party transactions in the FMC Act. Service that could impact your investment which are discussed below. If any of these risks eventuate, the Service or any Expense reimbursement Strategy may be adversely affected and you could receive back less than you invested. The Trust Deed allows us, the Supervisor, and any parties that may be appointed by us or the Supervisor to be reimbursed for No rate of return or repayment of your investment is guaranteed all expenses properly incurred. by NZ Funds, the Supervisor, or any other person. Basis for estimates of fund charges in pds General investment risks The annual fund charges in the PDS include estimates of Interest rate risk Supervisor fees, other third party service charges, external manager fees, and performance fees. This is the risk that a Strategy’s returns may fluctuate as a result of changes in interest rates. Estimates of external manager fees and performance fees are discussed above. All other estimates are based on the Credit risk assumption that the ongoing level of these charges will be This is the risk that a Strategy’s returns may fluctuate as similar to those charged in the most recent financial year. a result of an issuer of a security failing to pay interest or principal when due. Actual annual fund charges for each Strategy for the most recent year are available in the latest quarterly fund update which you Equity risk can get from our website at www.nzfunds.co.nz. This is the risk that a Strategy’s returns may fluctuate as a gst result of changes in the value of equity investments. An equity investment may be affected by many factors, including the All fee estimates do not include GST or other similar tax. This performance of the relevant company, market opinion, and the means that if any GST or other similar tax is payable, it will be economic performance of a country or sector. in addition to the stated fee. Derivative risk Service payments The use of derivatives can be a key component in the management We may pay financial advisers an onboarding and ongoing of a Strategy. Derivatives may be used to seek to reduce or service payment in recognition of the effort and costs enhance the volatility of the Strategy but no guarantee can be (or associated with providing services to you regarding your is) provided that this will be the case. Certain derivatives may limit investment in the Service. Where this occurs, NZ Funds makes both the downside and upside potential of a Strategy. these payments out of its own funds and does not deduct these from the Strategies. 12 : : nz funds managed superannuation service : : other material information : : 21 october 2020
Political risk Suspension of withdrawals risk This is the risk that a Strategy’s returns may fluctuate as a result In certain circumstances, we can suspend or partially suspend of political changes or instability in a country. This could arise withdrawals from the Service or any Strategy. If this happens, from a change in government, legislative bodies, other foreign you may not be able to withdraw or switch your investment when policy makers, or military actions. Political risk may also arise as you want to. a result of geo-political events such as wars, terrorist acts and tensions between states. Tax risk Income, dividends and interest, and gains on securities and Other risks investments that the Strategies invest in may be subject to taxes (including withholding taxes) imposed by tax authorities in New Counterparty risk Zealand or other jurisdictions. The Strategies may not be able to This is the risk that a party to a financial transaction or contract claim a credit for these taxes. involving a Strategy fails to meet its obligations. If this occurs, your investment may be adversely affected. The Service is currently a Portfolio Investment Entity (PIE). If the Service loses its PIE tax status, your after-tax returns may Operational risk be reduced. This is the risk of failure of internal or external processes, Regulatory risk people, policies, technology or systems (for example, a material error in the pricing process), or external events affecting our or This is the risk that the laws and regulations applying to the the Service’s operations. If this occurs, your investment may be Service, each Strategy and its investments, change in a way that adversely affected. adversely affects the Service, a Strategy or your investment. For example, a change to the Superannuation Scheme Rules or the Cybersecurity risk UK Pension Rules may impact your investment. This is the risk of attack, damage or unauthorised access to Insolvency risk the networks, computers, programs or data that we use. If this occurs, your investment and personal information may This is the risk of the Service or a Strategy becoming insolvent be adversely affected. or being otherwise unable to meet its financial obligations. If this occurs, your investment may be adversely affected. Service provider risk Pandemic risks This is the risk that a key service provider to the Service (for example, the Supervisor, the Manager, the trustee and custodian There is the risk that the Strategies’ returns may fluctuate, or of the Wholesale Trusts, external managers, investment brokers that the Service or the Strategies may be adversely affected, and banks) fail to perform their obligations. If this occurs, your as a result of virus, disease or other widespread health risks investment may be adversely affected. such as the COVID-19 pandemic. The emergence of COVID-19 (or other widespread health risks) can have a significant impact Wholesale Trust investment risk on financial markets and the operations of the Service. If this The Strategies can invest in Wholesale Trusts. Wholesale Trust occurs, your investment may be adversely affected. investment risk is the risk that an adverse event happens at the The expected duration and magnitude of the current COVID-19 Wholesale Trust level or the Wholesale Trusts are wound up. If pandemic and/or other potential widespread health risks, this occurs, your investment may be adversely affected. and the severity and range of their potential impact on your investment, are currently uncertain. An investor should bear this Valuation risk in mind when deciding whether to invest. The Strategies’ unit prices are based on market price information provided by various sources. Valuation risk is the risk that these The risks described in the PDS and this document are sources fail to provide an accurate price, or any price whatsoever. considered to be important risks, but do not cover all known If this occurs, your investment may be adversely affected risks of investing in the Service. There may also be other risks which are currently unknown that may affect your investment in the Service. nz funds managed superannuation service : : other material information : : 21 october 2020 : : 13
11. Conflicts of interest Your PIR is based on your taxable income and PIE income for each of the two previous tax years and is based on the year which Our Conflicts of Interest Policy provides a framework for has the lower combined income amount. You can use the table identifying, declaring and managing actual or potential below to help you work out your PIR: conflicts of interest. The policy also covers gifts and hospitality taxable income and forms part of our broader conflicts of interest compliance taxable income + pie income pir and ethics framework. $0 – $14,000 AND $0 – $48,000 10.5% The Conflicts of Interest Policy is complemented by our Personal Holdings Policy and our Related Party Transactions Policy. Our $0 – $14,000 AND $48,001 – $70,000 17.5% Personal Holdings Policy contains restrictions on employees $14,001 – $48,000 AND $0 – $70,000 17.5% holding or trading in securities. Our Related Party Transactions Policy provides a framework for identifying and managing Over $48,001 AND Any amount 28.0% related party transactions and ensures that all related party transactions comply with the FMC Act. In addition to these Any amount AND Over $70,000 28.0% policies, the FMC Act imposes controls on conflicts of interest. It is important that you choose the correct PIR. If you select A conflict of interest that currently exists is the use of Wholesale a PIR that is too high, you will be able to get any overpaid tax Trusts that contain a performance fee, by the Strategies. These refunded (either directly or by a reduced tax bill) as part of the performance fees will affect the value of the Wholesale Trusts annual tax return process. If you select a PIR that is too low, you and indirectly the returns of the Strategies. will have to pay more tax on your income from the Service at This conflict of interest could materially influence the your correct PIR. investment decisions in respect of the Service if non-arm’s Inland Revenue may also tell us to change your PIR if they think it length fees were paid. We manage this conflict by ensuring that is wrong. If they do, we must use the PIR that they tell us, unless all related party performance fee transactions comply with the you tell us to use a different rate. FMC Act and our Related Party Transactions Policy. Where you partially or fully withdraw from the Service or 12. Tax transfer your investment to another scheme, we can deduct from the amount withdrawn or transferred an amount equal to your If you have any questions about the tax position of your PIE tax liability as at the date of the withdrawal or transfer. If we investment in the Service, we encourage you to talk to your tax do not do this, we can treat you as having a 0% PIR which means adviser. We and the Supervisor do not take any responsibility for you may be required to a file a tax return and pay tax on your your tax as a result of investing in the Service. income from the Service. Portfolio investment entities (pies) If the amount of tax on your income is more than the value of your investment, you may have to pay the tax directly to Inland The Service has chosen to be a Portfolio Investment Entity Revenue. If we or the Supervisor pay this tax liability, you must (PIE). Under the PIE rules, we will calculate the tax due on reimburse us or the Supervisor for that amount. your investment in the Service each quarter based on your Prescribed Investor Rate (PIR) and pay this tax to Inland uk pension transfers Revenue on your behalf. If your investment in the Service includes amounts transferred If you are due a tax refund, we will use it to buy more units in the from a UK pension scheme, a withdrawal or a transfer to another Service for you, as long as you are still invested in the Service superannuation scheme, KiwiSaver Scheme, or an equivalent when we receive the refund from Inland Revenue. If you are no overseas retirement scheme may have UK tax implications. longer invested in the Service, we will pay the refund to you. Choosing your pir You need to choose your PIR and tell us what it is. If you do not tell us what your PIR is, we will set it at 28%. You also need to tell us your IRD number. 14 : : nz funds managed superannuation service : : other material information : : 21 october 2020
In particular, you may be liable for an unauthorised payment ROPS Class and pay this to HMRC on your behalf. By joining the charge of 40% and unauthorised payment surcharge of an ROPS Class, you agree that we may do this. additional 15% under UK law if you withdraw or transfer an We can redeem your units to pay any UK tax or other money amount that you have previously transferred from a UK pension which may be payable by you to HMRC or other third party. If you scheme (either directly to the Service, or via a transfer to make a withdrawal from the Service or transfer your investment, another QROPS): we can deduct from the amount withdrawn or transferred an • Before 6 April 2017, and you have not been a UK tax non- amount equal to your UK tax liability. resident for five consecutive full UK tax years (the UK tax The above summary is based on our understanding of current year runs from 6 April to the next 5 April); or UK law as at the date of this document. The UK tax charges • On or after 6 April 2017, and you have not been a UK tax non- discussed in this section depend on complex rules and may be resident for ten consecutive full UK tax years and the transfer subject to changes in UK law. amount has not been invested in a QROPS for five years. We recommend you talk to your tax adviser before making Also, we are required to report to HMRC all withdrawals and any decision to withdraw or transfer your investment. Neither transfers by you from the ROPS Class unless that withdrawal we nor the Supervisor take any responsibility for any tax or transfer occurred: consequences that may arise as a result of you transferring UK pension amounts to the Service, making subsequent • At least 10 full UK tax years after you ceased to be a UK tax withdrawals or transferring from the Service, or the Service resident; and losing its QROPS status. • At least 10 years after you first transferred those funds from a UK pension scheme. Taxation of foreign superannuation transfers The foreign superannuation rules in the New Zealand Income Tax By joining the ROPS Class, you authorise this reporting to occur Act 2007 tax transfers from foreign superannuation schemes and agree to provide us with any further information we may (other than from Australian superannuation schemes) under one require to comply with our reporting obligations to HMRC. of two methods: The Service could lose QROPS status at any time (for example • The Schedule Method, which deems a specified percentage of as a result of changes in UK law). Neither we nor the Supervisor the amount transferred to be taxable income; or represent that the Service will continue to maintain QROPS status. Losing QROPS status may adversely impact on your UK • The Formula Method, which allows a person to pay tax on the tax position with respect to amounts transferred to the Service, actual gain made on the foreign superannuation investment, and may also adversely impact your ability to withdraw or if this information is available. transfer from the Service without incurring a UK tax liability. If you are a “transitional resident” for New Zealand tax uk overseas transfer charge purposes, you may be entitled to New Zealand tax relief when transferring your foreign superannuation investment to the If you transferred from a UK pension scheme to the Service (or Service if you do so during the four year exemption period to another QROPS) on or after 9 March 2017 and at the time of available to transitional residents. the transfer you were not a New Zealand tax resident, or within five full UK tax years following the transfer, you: If you are migrating to New Zealand, and are not a transitional resident, you may also be able to obtain relief from New Zealand • Cease to be a New Zealand tax resident, or tax payable on the transfer of your foreign superannuation • Transfer your investment in the ROPS Class to a scheme investment to the Service, if the transfer occurs within four in a country where you are not tax resident, years of you becoming a New Zealand tax resident. then you may be required to pay to HMRC a UK Overseas The New Zealand tax rules applying to the transfer of foreign Transfer Charge equal to 25% of the UK pension amount superannuation schemes are complex. We recommend you transferred. This may also arise if you do not provide all required talk to your tax adviser before making any decision to transfer information before a transfer is processed. your foreign superannuation investment to the Service. None of the parties involved in the Service will be responsible for We may be required to notify HMRC, and to withdraw the amount any tax consequences arising from the transfer of your foreign of the UK Overseas Transfer Charge from your investment in the superannuation investment to the Service. nz funds managed superannuation service : : other material information : : 21 october 2020 : : 15
13. Personal information Common reporting standard (crs) If you are tax resident in a country other than New Zealand, Privacy we may be required to provide certain information about your The Privacy Act 1993 (and from 1 December 2020, the Privacy investment to Inland Revenue to comply with our obligations Act 2020) deals with how we collect, store and use personal under the Common Reporting Standard (CRS) regime. Inland information you give us for your investment in the Service. Revenue in turn may be required to pass this information to the revenue authority of the country in which you are tax resident. This information may be used by us (including our related entities) and the Supervisor and shared with and used by your Change of personal details financial adviser and by other service providers to the Service, for the purposes of arranging, managing and administering If you wish to change your personal details, please complete a your investment, contacting you about your investment, and Changes in Client Details form. You can get this form from our providing you with newsletters and information about other website at www.nzfunds.co.nz. products and services. We may also use and share your personal information for the 14. Material contracts purposes of complying with any laws in New Zealand or another Trust deed country, including using it to verify (whether by electronic means or otherwise) identity information you give us. We may also be The Trust Deed is an agreement between us and the required to provide your personal information to government Supervisor that sets out the rules for the management and agencies, including the FMA and Inland Revenue. You have the administration of the Service and each Strategy. A copy right to access and correct personal information held by us. of the Trust Deed is available on the scheme register at disclose-register.companiesoffice.govt.nz. aml/cft requirements Management agreement Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, we are required to verify your identity and We have a management agreement with the Supervisor that address and, in some cases, the source of your funds and wealth. sets out the operational arrangements for the Service, including what information we have to report to the Supervisor, how the If you complete the Application Form with a financial adviser, Service’s bank accounts will be operated, and what records we they may be able to verify your identity and address using the have to keep. identification documents and process set out in the Application Form. We or your adviser may also be able to verify your identity and address electronically. If you are completing the Application Form without a financial adviser, your identification documents may be certified by a ‘trusted referee’ or verified by an NZ Funds employee. More information on certification by trusted referees is set out in the Application Form. We cannot process your application unless the AML/CFT requirements have been satisfied. 16 : : nz funds managed superannuation service : : other material information : : 21 october 2020
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