Many people are choosing to continue to work past the age of 65. What are your rights, from an employment law point of view? And do the benefits of working during retirement generally outweigh the pitfalls?

While New Zealand does not have an official retirement age, most working adults aim for 65. After all, this is when NZ Superannuation is paid by the Government and superannuation plans tend to allow you access to your savings, such as KiwiSaver. However, as people live longer and healthier lives, many are choosing to delay retiring or semi-retire.

Why people work past 65?

Aside from the fact many people are still absolutely in their prime, and the thought of retiring at 65 is just not on the cards, there can be many other reasons people do not retiree at 65.

Working after the age of 65? Here is what you need to know

KiwiSaver

• You will no longer get the government paid tax rebate if you are still contributing to KiwiSaver.
• While many still do, your employer is no longer obliged to contribute to your KiwiSaver.

Tax

• Beware of Tax, if you continue to work and are receiving NZ Super you will need to have a secondary tax code. Head to IRD to find out more.

Age of Retirement

• No employer should be forcing an employee to retire at 65 or at any age for that matter. But there are a few exceptions. 
• If your employment agreement was created before 1 April 1992, you may have an age of retirement specified. This was a lawful provision in employment agreements, but it must have been agreed to in writing before 1 April 1992.
• Also, there are some other rare exceptions to this, such as positions where being a particular age is a genuine occupational qualification for the employment, such as pilots of certain aircraft. Or where a retirement age is required under legislation, like judges or coroners, who have a clear age limit before forced retirement.