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Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

30A: Exception in relation to employment-related retirement benefits

You could also call this:

"Retirement benefits can have different rules based on age in certain work contracts."

Illustration for Human Rights Act 1993

You can get different treatment based on age when it comes to retirement benefits if your age affects the benefit. This can happen if your employment contract says so and it was in place before 1 February 1999. You must have been part of that contract before 1 February 1999. If you had a retirement benefit in your contract on 1 February 1999, the rules still apply even if you get a new contract or a different employer. You can still get the retirement benefit if you remain entitled to it. This rule does not change what section 149 says. Nothing can stop you getting a retirement benefit based on your age if the rules above are met and you are entitled to it. You are protected by the law in this case. The law is clear about retirement benefits and age.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304493.

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Money and consumer rights > Savings and retirementWork and jobs > Worker rights
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Part 2Unlawful discrimination
Exceptions in relation to employment matters

30AException in relation to employment-related retirement benefits

  1. Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a benefit to an employee on retirement if—

  2. the employee's entitlement to that benefit (the retirement benefit), or the calculation of that retirement benefit, is determined in whole or in part (and whether directly or indirectly) by the employee's age; and
    1. the retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and
      1. the employee was, on or before 1 February 1999, a party to that employment contract.

        1. If a retirement benefit was a term of an employee's written employment contract on 1 February 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date:

        2. the employee and the employer enter into a new written employment contract or employment agreement under which the employee remains entitled to that retirement benefit:
          1. a different person becomes the employee's employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement.

            1. This section does not limit section 149.

            Notes
            • Section 30A: inserted, on , by section 2 of the Human Rights Amendment Act 1999 (1999 No 100).
            • Section 30A(2)(a): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).