Every person that starts a new job from 1st July 2007 is automatically enrolled in the scheme. Section 10(a)
The following categories of employee are exempted from automatic enrolment:
(1) This subpart provides for employees and other persons to become members of the overall KiwiSaver scheme by
(a) the operation of the automatic enrolment rules when an employee starts new employment, with the effect that a person becomes subject to automatic deductions from his or her salary or wages, but may opt out within specified time limits; or
(b) opting in (whether as an employee who becomes liable for automatic deduction of contributions from his or her salary or wages or otherwise).
(2) This subpart also provides for employers to be exempt employers, with the effect that the automatic enrolment rules will not apply to their employees when they start new employment.
The automatic enrolment rules apply to every employee who
(a) starts new employment with an employer that is not an exempt employer; and
(b) is aged 18 or over, but less than the New Zealand superannuation qualification age, when he or she starts that new employment.
(1) New employment means any employment that is started on or after the date of commencement of the automatic enrolment rules, but
(a) does not include temporary employment (except as provided in section 12); and
(b) does not include employment in respect of which the employee remains on the same payroll as the payroll that he or she was on immediately before starting that employment; and
(c) does not include employment with an employer that carries on the same business as the business in which the employee was employed immediately before starting the employment.
(2) Same business means a business that, in substance, carries on the same or a similar role (regardless of whether or not the legal entity carrying on the business changes), and includes, without limitation,
(a) a company that results from, or continues after, an amalgamation under the Companies Act 1993 involving the company by which the employee was employed immediately before that employee started the employment; and
(b) a business that takes over as a going concern the business in which the employee was employed immediately before that employee started the employment.
(3) However, subsection (1)(c) applies only if an employer has given to the Commissioner the notice (if any) that is required by the Commissioner for the purposes of the administration of this section.
(1) Employment is temporary, and the automatic enrolment rules do not apply, if
(a) the employment is as a casual agricultural worker within the meaning of section OB 1 of the Income Tax Act 2004; or
(b) the employment is under a contract of service that is for a period of 28 continuous days or less.
(2) However, employment ceases to be temporary, and the automatic enrolment rules then apply (as if the employee then started new employment)
(a) on the day after the date on which the employee ceases to be a casual agricultural worker within the meaning of section OB 1 of the Income Tax Act 2004; or
(b) in the case of any other employee, on the 28th day after the employee started the employment.
(1) If a person is employed by a board of trustees to work in a state school or integrated school, the relevant board of trustees must be treated as the employer for the purposes of this Act.
(2) If a person is employed to work in a state school or integrated school after being employed to work in another state school or integrated school, the person is treated as starting new employment for the purposes of this Act, despite the fact that the person stays on the same payroll.
(3) In this section,
board of trustees means a board of trustees constituted under Part 9 of the Education Act 1989
integrated school has the same meaning as in section 145 of the Education Act 1989
state school has the same meaning as in section 2(1) of the Education Act 1989.
(1) Despite sections 10 to 13, the following are not new employment, and the automatic enrolment rules do not apply:
(a) if the person is an employee only because he or she is in receipt of payments of a type referred to in any of the following subparagraphs of paragraph (b) of the definition of salary or wages in section OB 1 of the Income Tax Act 2004:
(i) subparagraph (iii) (which relates to payments to working partners):
(ii) subparagraph (x) (which relates to parental leave payments paid under Part 7A of the Parental Leave and Employment Protection Act 1987):
(iii) subparagraphs (xii) to (xvi) (which relate to certain ACC payments):
(b) if the new employment is as an election day worker or a private domestic worker as those terms are defined in section OB 1 of the Income Tax Act 2004:
(c) if the employee is not required to have tax deductions made from his or her salary or wages under the PAYE rules.
(2) Despite sections 10 to 13, the automatic enrolment rules do not apply if the employee is already a member of a KiwiSaver scheme.
(1) An employee who is subject to the automatic enrolment rules
(a) becomes liable in accordance with subpart 1 of Part 3 to automatic deduction of contributions
(i) from the salary or wages paid in respect of the new employment that triggered the automatic enrolment rules; and
(ii) from the salary or wages paid in respect of any other new employment that the employee starts after becoming subject to the automatic enrolment rules; and
(b) must become a member of a KiwiSaver scheme under subpart 2 of this Part.
(2) The employee must continue to be a member of a KiwiSaver scheme until the earliest of
(a) an opt-out notice taking effect; or
(b) the KiwiSaver end payment date referred to in clause 4 of the KiwiSaver scheme rules (which relates to lock-in of funds); or
(c) the provider terminating the employee's membership of a KiwiSaver scheme under clause 4(5) of the KiwiSaver scheme rules (which relates to zero account balances); or
(d) the date of withdrawal or transfer to a foreign scheme in the case of permanent emigration under clause 14 of the KiwiSaver scheme rules.
(3) The employee continues to be liable for automatic deduction of contributions in accordance with subsection (1)(a) in respect of salary or wages until the earliest of
(a) the dates referred to in subsection (2); or
(b) the date on which section 62 otherwise applies to that payment of salary or wages.