Section 30A — Human Rights Act 1993: Exception in relation to employment-related retirement benefits

30A Exception 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— (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 or employment agreement 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 . Section 30A was inserted, as from 1 October 1999, by section 2 Human Rights Amendment Act 1999 (1999 No 100). Subsection (2)(a) was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by inserting “ or employment agreement ” after “ employment contract ” .