Section 11 KiwiSaver Act 2006 Meaning of 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. |
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