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THIS AMENDING
DEED is made the 10th day of June 2003
BETWEEN THE
NEW ZEALAND FIRE SERVICE COMMISSION ("the Commission")
of the first part
AND THE
TRUSTEES OF THE NEW ZEALAND FIRE SERVICE SUPERANNUATION SCHEME
("the Trustees") of the second part
WHEREAS
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By Trust Deed
sated the 2nd day of December 1987 it was established that the
New Zealand Fire Service Commission Superannuation Scheme ("the
Scheme"), the provisions of which were amended by deed dated the
4th day of July 1990, the 25th day of July 1991, the 25th day
of March 1993, the 13th day of August 1993, the 4th day of September
1995, the 16th day of December 1996 and the 14th day of December
2001 ("the Trust DeedÓ):
- The Trustees
are the present duly appointed trustees of the Scheme;
- In exercise
of the powers conferred under clause 16 of the Deed the Commission
and the Trustees have resolved to amend the provisions of the
Trust Deed as hereinafter provided. Namely:
Pursuant
to Paragraph 4 of the Third Schedule of the Trust Deed provision
was made for payment of a benefit on loss of physical fitness.
The provisions are to be amended in accordance with this Deed.
- The Trustees
have obtained a certificate from a solicitor of the Scheme that
the Trust Deed, if amended by this Amending Deed, will comply
with Section 7 of the Superannuation Schemes Act 1989, and will
not contain any provision that is contrary to those implied by
sections 8-10 of the said Act.
NOW
THIS AMENDING DEED WITNESSETH AS FOLOWS:
1. Paragraph 4, Third Schedule - Loss of Physical Fitness:
Paragraph
4 is removed and substituted with the following paragraph, which
states:
"If a
Member is required to leave the Service before the Member's Normal
Retirement Date due to the Member being unable to meet the physical
fitness standards required by the Commission and in the opinion
of the Commission is unable to or does not respond to remedial
action, there shall be made available for the Member's benefit
a capital sum equivalent to the amounts provided for loss of medical
fitness pursuant to paragraph 3 herein".
IN WITNESS whereof
this deed has been executed on the day first hereinbefore mentioned.
The Common Seal of
NEW ZEALAND FIRE SERVICE COMMISSION
was hereto affixed in the presence of:-
M BAZLEY
EXECUTED by
the said
VINCENT PATRICK
ARBUCKLE
as Trustee in the
presence of BARRY DENT
ALLAN JAMES
KERRISK
as Trustee in the
presence of BARRY DENT
MICHAEL JOHN
McENANEY
as Trustee in the
presence of BARRY DENT
HUTTON DAVID
PEACOCK
as Trustee in the
presence of BARRY DENT
KEVIN CHARLES
PEACOCK
as Trustee in the
presence of BARRY DENT
KENNETH REGINALD
SIMONS
as Trustee in the
presence of BARRY DENT
STEPHEN COLIN
WARNER
as Trustee in the
presence of BARRY DENT
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