Clergy Pensions (Channel Islands) Order 1968
Jersey Order in Council 13/1968
CLERGY PENSIONS (CHANNEL
ISLANDS) ORDER, 1968.
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A LA COUR ROYALE DE
L’ILE DE JERSEY.
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L’An 1968, le 6e jour de décembre.
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MONSIEUR LE DEPUTE BAILLI ayant présenté à la Cour un Ordre de Sa Très
Excellente Majesté en Conseil en date du 25 octobre 1968, ntitulé :
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“The Clergy Pensions (Channel Islands) Order, 1968”.
Lecture en ayant
été donnée :
LA COUR, conformément
aux conclusions de l’Avocat Général de la Reine, a
ordonné que ledit Ordre soit enregistré sur les records de cette
Ile et publié par l’Officier au lieu ordinaire à jour de
marché, afin que toutes personnes puissent en avoir connaissance.
P.E. LE COUTEUR,
Greffier Judiciaire.
CLERGY PENSIONS (CHANNEL
ISLANDS) ORDER, 1968.
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At the Court at Buckingham Palace.
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The
25th day of October, 1968.
Present
The Queen’s Most Excellent Majesty in Council.
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WHEREAS the Bishop of Winchester has, in
accordance with the Schedule to the Channel Islands (Church Legislation)
Measure, 1931, as amended by section 2 of the Channel Islands (Church
Legislation) Measure, 1931 (Amendment) Measure, 1957,
settled the Scheme set out in the Schedule to this Order for applying the
Clergy Pensions (Amendment) Measure, 1967 to the Channel Islands, and the
procedure set out in the Schedule to the first-mentioned Measure has been
followed ;
Now, therefore, Her Majesty, in pursuance of section 2 of the
Channel Islands (Church Legislation) Measure, 1931, as amended by section 1 of
the Channel Islands (Church Legislation) Measure, 1931 (Amendment) Measure,
1957, and of section 49 of the Clergy Pensions Measure,
1961, is pleased, by and with the advice of Her Privy
Council, to order and direct as follows :
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1. The
Scheme set out in the Schedule to this Order is hereby confirmed.
2. The
Clergy Pensions (Amendment) Measure, 1967 shall apply to the Channel
Islands in accordance with the provisions of the said Scheme.
3. This
Order may be cited as the Clergy Pensions (Channel Islands) Order, 1968 and
shall come into operation on 1st
January, 1969.
W.G. AGNEW.
SCHEDULE
A SCHEME
Prepared by the Bishop of Winchester in pursuance of the Channel Islands (Church Legislation) Measures, 1931 and
1957, for applying the Clergy Pensions (Amendment) Measure, 1967 to the Channel Islands.
PREAMBLE
Whereas by section 6 of the Clergy Pensions (Amendment) Measure,
1967 it is provided that the Measure shall be construed as one with the Clergy
Pensions Measure, 1961 and
whereas by section 49 of that Measure
it is provided that the Measure may be applied to the Channel Islands as
defined in the Channel Islands (Church Legislation) Measures, 1931 and 1957 in accordance with the provisions of those Measures
:
And whereas the Bishop of Winchester has come to the conclusion
that the Clergy Pensions (Amendment) Measure, 1967 ought to be applied, with
certain variations, to the Channel Islands and has in accordance with the
provisions or paragraphs 1, 2 and 3 of the Schedule to the Channel Islands
(Church Legislation) Measure, 1931 prepared
the following Scheme for that purpose :
SCHEME
The Clergy Pensions (Amendment) Measure, 1967 shall apply to the Channel Islands subject to the following variations, that
is to say ;
In sub-section (5) of section 4 of the said Measure the words
“by instrument under seal” shall be deleted and the words the
sanction of an order of the Charity Commissioners’ shall be construed as
including such sanction as may be required in similar circumstances by any
custom or law which is or may hereafter become operative in the Channel Islands
or either of them.
Any reference in this Scheme to the Channel
Islands or either of them shall have the same meaning as has such
a reference in the Channel Islands (Church
Legislation) Measure, 1931.
A MEASURE
passed by the National Assembly of the Church of England to amend
the Clergy Pensions Measure, 1961.
[22nd March, 1967].
TERMINATION OF CONTRIBUTORY PENSION SCHEME FOR WIDOWS AND CHILDREN
1.-(1) Sections 11 to 13 of the principal
Measure (which provide for contributory pensions for widows and children of
clergy ordained after 1947) shall not apply to any clerk ordained after the
passing of this Measure.
(2) Any clerk
ordained after the thirty-first day of December, 1947 and before the passing of
this Measure may at any time give notice in writing to the Board that he wishes
to cease payment of contributions under the said section 11, and thereupon his
liability to pay such contributions shall cease and no further contributions
shall be paid by him.
(3) Any clerk who
is at the passing of this Measure or subsequently becomes more than 12 months
in arrear with the payment of any contribution for which he is liable under the
said section 11, shall be deemed to have given notice under the last foregoing
subsection either immediately after the passing of this Measure or, as the case
may be, when he becomes in arrear as aforesaid :
Provided that the Board may, if they think fit and on the payment
of any contribution so in arrear, direct that this subsection shall be deemed
not to have had effect as respects the period before the direction.
(4) Where the said
liability of a clerk ceases under either of the last two foregoing subsections,
the benefits to which his widow and children (if any) would have been entitled
at his death, if the liability had not ceased, shall be granted at such reduced
rate as an actuary may certify to be proper, and the actuary may take into
account any arrears of contributions which have not been paid and section 35(4)
of the principal Measure shall not apply to any such arrears:
Provided that where the said liability ceases as a result of a
notice actually given under subsection (2) within twelve months after the passing
of this Measure, and the clerk states in that notice or in a subsequent notice
in writing given to the Board within the said twelve months that he wishes to
be repaid a part of the contributions paid by him under section 11 in lieu of
any benefits under the foregoing provisions of this subsection, the Board shall
repay to him such part of those contributions calculated at the rate of
£1 2s. 6d. for each complete half year of the payment as the Board may
determine and the foregoing provisions in relation to this subsection shall not
apply in respect of that clerk.
POWER TO COMMUTE PART OF PENSION
2.-(1) A clerk may, during the period of three
months before he becomes entitled to a pension, make an application, in such
manner as the Board may determine, to commute such part of the pension not
exceeding one-fifth as he may specify, and the Board shall have power to agree
to the commutation of the part of the pension so specified, or such smaller
part as they think proper, for such capital sum as is estimated to be the
actuarial equivalent thereof.
(2) The Church
Commissioners may, at the request of the Board, fix a higher proportion than
one-fifth for the purposes of the foregoing subsection, and may vary the
proportion so fixed, but not so as to be less than one-fifth or more than
one-quarter, and the foregoing subsection shall have effect accordingly.
(3) Where a clerk
has commuted a part of his pension, then, –
(a) in determining for the purposes of
section 2(3) of the principal Measure the total income of the clerk ;
(b) in determining for the purposes of
section 10 thereof the pension payable to the widow of the clerk ;
the clerk shall be deemed to be receiving or, as the case may be,
to have been receiving the pension that he would have received but for the
commutation.
POWER TO MAKE LUMP SUM PAYMENTS IN ADDITION TO PENSIONS
3.-(1) As from such date as may be specified in
rules made under this section, the Commissioners may, subject to and in
accordance with such rules, make lump sum payments to clerks entitled to
pensions under Part I of the principal Measure, in addition to those pensions.
(2) The Board may
make rules for the purposes of this section, and any such rules shall be agreed
with the Commissioners and shall be laid before the Church Assembly and shall
not come into operation until they have been approved by the Church Assembly.
AMENDMENTS OF POWERS OF BOARD RELATING TO PROVISION OF RESIDENCES
4.-(1) Section 26(1) of the principal Measure
(which empowers the Board to provide homes of residence and to assist others in
providing them) shall be amended by the addition of the following paragraph
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“(e) to make loans, on such terms
as the Board think fit, to retired clerks or their wives or widows, and to
retired church workers or their wives or widows, to assist them to purchase,
build, rebuild or improve dwelling-houses (including flats) in which they
reside or are to reside, being loans made on the security of the
dwelling-houses and in respect of freehold interests or leasehold interests the
unexpired terms of which are not less than sixty years.”
(2) It is hereby
declared for the removal of doubt that the expression “home of
residence” in the principal Measure includes a separate dwelling-house ;
and the references in sections 19, 20 and 28 of the principal Measure to the
provision of homes of residence shall include references to the making of loans
under the paragraph added to section 26(1) by the foregoing subsection.
(3) Section 28(b) of the principal Measure (which
includes among the purposes of the Fund therein mentioned the provision of
homes of residence for church workers and their wives, widows and dependants) shall be amended by the insertion after the
word “provision” of the words “maintenance or
management”.
(4) For the
purposes of the powers of the Board under section 26(4) and section 28 of the
principal Measure to borrow money on the security of the assets of the Funds
mentioned in those provisions, a home of residence vested in the Board and
certified on its behalf to be maintained to a material extent out of any such
Fund shall be deemed to be an asset of the Fund concerned.
(5) Where it
appears to the Board that any land or building (including a part of a building)
used as or for the purposes of, or held with, any such home of residence should
cease to be so used or held, the Board may * * * * transfer the land or
building to the Fund out of which the home of residence is or was maintained,
and the land or building or the proceeds of sale thereof shall be treated as
capital of the said Fund and that capital shall not be applicable for the
purposes of the said Fund other than the acquisition of land or buildings for
use as or for the purposes of a home of residence :
Provided that –
(i) where
the property proposed to be transferred consists of or comprises a gift of
property required to be used specifically as or for the purposes of the home of
residence, the transfer shall not be made without the sanction of an order of
the Charity Commissioners, and the order may vary the trusts so as to allow the
transfer without special directions as to the application of the property or
proceeds or may give such directions, which may be varied or revoked by a
subsequent order of the said Commissioners ;
(ii) save as
aforesaid, the powers of the Board under this subsection shall have effect
subject to any expressed directions of the testators or other donors relating
to the manner in which the assets concerned are to be applied.
POWER TO GIVE DIRECTIONS WITH RESPECT TO WIDOWS’ PENSIONS
5. The
power of the Commissioners under section 10(2) of the principal Measure shall
include power to give directions to the Board –
(a) for increasing the pension payable
to a widow under that section to an amount based on what the deceased
clerk’s pension or entitlement to pension would have been if his period
of pensionable service had included such additional number of years as may be
specified in the directions or determined thereunder ;
(b) for the payment to widows of clerks
who died before the first day of April, 1961 of such pensions as may be
specified in the directions or determined thereunder.
CONSTRUCTION, INTERPRETATION AND SHORT TITLE
6.-(1) This Measure shall be construed as one
with the principal Measure.
(2) In this
Measure “the principal Measure” means the Clergy Pensions Measure,
1961.
(3) This Measure
may be cited as the Clergy Pensions (Amendment) Measure, 1967.