101C Employee’s requirements

For the purposes of section 101A(1), the requirements are that the employee—


is paid salary or wages from which the employer deducts or is required to deduct an amount for the employee’s KiwiSaver scheme or complying superannuation fund; and


is aged 18 or over; and


is not entitled to withdraw an amount from a fund or scheme under clause 4 of the KiwiSaver scheme rules (which relates to lock-in of funds) or a rule the same as that clause; and


must not have made a withdrawal under clause 12B of the KiwiSaver scheme rules (which relates to life-shortening congenital condition withdrawals); and


is not a defined benefit scheme member.

Section 101C: inserted, on 1 April 2008, by section 65 of the Taxation (KiwiSaver) Act 2007 (2007 No 110).

Section 101C(c): amended, on 1 July 2019, by section 315 of the Taxation (Annual Rates for 2018–19, Modernising Tax Administration, and Remedial Matters) Act 2019 (2019 No 5).

Section 101C(cb): inserted, on 1 April 2020, by section 39 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).