Human Rights Amendment Act 1999

Part 1
Amendments affecting principal Act

2 Exception in relation to employment-related retirement benefits
  • The principal Act is amended by inserting, after section 30, the following section:

    • (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—

      • (a) 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

      • (b) The retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and

      • (c) The employee was, on or before 1 February 1999, a party to that employment contract.

      (2) 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:

      • (a) The employee and the employer enter into a new written employment contract under which the employee remains entitled to that retirement benefit:

      • (b) 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.

      (3) This section does not limit section 149.