Jersey R & O 9252
Public Employees (Retirement) (Jersey) Law 1967
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PUBLIC EMPLOYEES (CONTRIBUTORY RETIREMENT SCHEME) (NEW MEMBERS)
(AMENDMENT No. 6) (JERSEY) REGULATIONS 1998
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(Promulgated on the 17th day of June 1998)
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STATES OF JERSEY
____________
The 16th day of June
1998
____________
THE STATES, in pursuance of Article 2 of
the Public Employees (Retirement) (Jersey) Law 1967, as
amended, have made the following Regulations –
1.-(1) In paragraph (1) of Regulation 1 of the
Public Employees (Contributory Retirement Scheme) (New Members) (Jersey)
Regulations 1989, as amended,
(hereinafter referred to as “the principal Regulations”) –
(a) in
the definition “added years” –
(i) the
word “and” shall be deleted from sub-paragraph (c);
(ii) after
the semi-colon in sub-paragraph (d) there shall be inserted the word
“and”;
(iii) after
sub-paragraph (d) there shall be inserted the following sub-paragraph –
“(e) any
pensionable allowance;”;
(b) for
the definition “average salary” there shall be substituted the
following definition –
“ ‘average salary’ means final pensionable
salary, calculated without reference to any pensionable allowance giving rise
to added years of pensionable service under Regulation 16B;”;
(c) after
the definition “1989 Existing Members Regulations” there shall be
inserted the following definition –
“ ‘final pensionable salary’ means, subject to
Regulation 18, the salary received by a member during the best successive 365
days in the three years immediately preceding the day on which he ceases to be
an employee:
Provided that –
(a) if
the member has received salary for less than 365 days in the last three years,
final pensionable salary shall be the total salary received in the last three
years divided by the numbers of days for which the member received salary in
those years multiplied by 365;
(b) a
member whose salary has, to the satisfaction of the Committee, been reduced or
discontinued owing to ill-health or injury shall be deemed for the purposes of
this definition to have received the salary which he would otherwise have
received (but for the reduction or discontinuance) as certified by the
employer;
(c) if,
during the three years immediately preceding the day on which he ceases to be
an employee, the member was absent from duty under Regulation 2(10), and
contributions were paid in respect of his absence on the basis of the salary he
would have received (as determined by the employer), such salary shall be taken
into account for the purpose of determining final pensionable salary;
(d) if,
during the three years immediately preceding the day on which he ceases to be
an employee, the member was absent from duty under Regulation 2(10), and
contributions were not paid in respect of his absence, the period of absence
shall be disregarded in accordance with sub-paragraph (e) for the purpose of
determining final pensionable salary;
(e) if
the period of absence is disregarded under sub-paragraph (d), the three years
immediately preceding the day on which he ceases to be an employee shall mean
–
(i) the
period from the day he returned from absence to the day he ceases to be an
employee, plus
(ii) the
period immediately preceding the day on which his absence commenced which, when
added to the period in clause (i), equals three years,
and the two periods in clauses (i) and (ii) shall be treated as if
they were continuous;”;
(d) after
the definition “part-time employee” there shall be inserted the
following definition –
“ ‘pensionable allowance’ means a payment or
allowance which is for the time being declared under Regulation 16A to be a
pensionable allowance;”;
(e) for
the definition “salary” there shall be substituted the following
definition –
“ ‘salary’ means the basic salary or wage of a
member (disregarding overtime payments, other emoluments of a temporary nature
and payments in respect of untaken leave) together with his pensionable
allowances (if any);”.
(2) In
paragraph (1) of Regulation 1 of the principal Regulations –
(a) for
clause (ii) of the proviso to the definition “child” there shall be
substituted the following clause –
“(ii) a
person who has attained the age of 16 years may be treated as a child for the
purposes of these Regulations if he has not attained the age of 23 years, and
either he is receiving full-time education in an educational establishment
approved by the Committee, or he is not receiving full-time education but the
Committee is satisfied that it remains appropriate to treat him as a child for
the purposes of these Regulations;”;
(b) after
the definition “the Law” there shall be inserted the following
definition –
“ ‘low-hours employee’ means any person who works
regularly each week, but does not work for 18 or more hours per week or, if he
is a medical consultant, for six or more sessions per week;”;
(c) for
the definition “part-time employee” there shall be substituted the
following definition –
“ ‘part-time employee’ means –
(a) any
person who regularly works for 18 or more hours per week but fewer than
full-time hours or, if he is a medical consultant, who regularly works for six
or more sessions per week but fewer than the sessions worked by a full-time
medical consultant; or
(b) a
low-hours employee;”;
(d) after
sub-paragraph (d) of the definition “qualifying service” there
shall be inserted the following sub-paragraph –
“(da) in
the case of a person to whom Regulation 2(8)(e), 2(8)(f) or 2(11)(b) applies,
such additional service as he would have been able to complete as a member
before 1st January 1996 if a low-hours employee were then eligible to be a
member; and”;
(e) after
the definition “service” there shall be inserted the following
definition –
“ ‘session’ means a working period of not less
than three and one-half hours;”.
2.-(1) In paragraph (8) of Regulation 2 of the
principal Regulations –
(a) for
the words “and (c)” in sub-paragraph (a) there shall be substituted
the words “, (c), (e) and (f)”;
(b) for
the words “if an employee not already a member of the scheme or the
Former Hospital Scheme” in sub-paragraph (b) there shall be substituted
the words “if an employee (other than a low-hours employee) is not
already a member of the scheme or the Former Hospital Scheme and”;
(c) for
the full stop in sub-paragraph (d) there shall be substituted the words
“; and”;
(d) after
sub-paragraph (d) there shall be inserted the following sub-paragraphs –
“(e) a
low-hours employee shall only become a member if he opts on or after 1st July
1998 to join (on a form to be supplied by the Establishment Committee) but,
once made, such an option shall be irrevocable;
(f) a
low-hours employee who –
(i) has
been an employee continuously since a date before 1st July 1998;
(ii) makes
an option under sub-paragraph (e) or under paragraph (11) before 31st December
1998; and
(iii) in
making his option, notifies the Establishment Committee (on a form to be
supplied by that Committee) that he wishes to do so,
shall become a member with effect from 1st January 1996, the date
on which he became an employee to whom clause (i) refers or the date of attaining
20 years, or (if applicable) the day after his previous membership of the
scheme ceased, whichever is later.”.
(2) After
paragraph (9) of Regulation 2 of the principal Regulations there shall be
inserted the following paragraphs –
“(9A) A
member who is not a low-hours employee shall not, by reason only of the fact
that he becomes a low-hours employee on or after 1st July 1998 (that is to say,
without a break in service), cease to be a member.
(9B) A
member who –
(a) was
admitted or re-admitted to the scheme under these Regulations before 1st July
1998; and
(b) immediately
before he was admitted or re-admitted would have been eligible for membership
but for the fact that he was a low-hours employee,
may, if he notifies the Establishment Committee by 31st December
1998 (on a form to be supplied by that Committee) that he wishes to do so, opt
to be admitted or re-admitted under these Regulations with effect from 1st
January 1996, the date of commencement of his last continuous period as a
low-hours employee or the date of attaining 20 years, whichever is
later.”.
(3) In
paragraph (11) of Regulation 2 of the principal Regulations –
(a) for
the word “A” there shall be substituted the words “(a)
Subject to sub-paragraph (b), a”;
(b) after
the word “ceased” there shall be inserted the words “(either
because he became a low-hours employee before 1st July 1998 or for any other
reason)”;
(c) after
sub-paragraph (a), there shall be inserted the following sub-paragraph –
“(b) In
the case of a low-hours employee, he will be re-admitted or admitted to the
scheme under these Regulations in accordance with paragraph (12) only if he
opts to do so (on a form to be supplied by the Establishment Committee) on or
after 1st July 1998 but, once made, such an option shall be irrevocable.”.
3.-(1) In paragraph (a) of Regulation 5 of the
principal Regulations –
(a) for
the words “not exceeding 35 years;” in clause (i) there shall be
substituted the word “; and”;
(b) the
words “and, if his pensionable service which counts under clause (i) is
less than 35 years,” shall be deleted from clause (ii);
(c) for
the words “average salary” in paragraph (A) of the proviso there
shall be substituted the words “final pensionable salary”.
(2) In
paragraph (b) of Regulation 5 of the principal Regulations –
(a) for
the words “, not exceeding 45 years;” in clause (i) there shall be
substituted the word “; and”;
(b) the
words “and, if his pensionable service which counts under clause (i) is
less than 45 years,” shall be deleted from clause (ii);
(c) for
the words “average salary” in sub-clause (A) of the proviso there
shall be substituted the words “final pensionable salary”.
4. In
Regulation 7 of the principal Regulations –
(a) for
the words “paragraphs (b) to (e)” in sub-paragraph (a) of the
proviso to paragraph (2) there shall be inserted the words
“sub-paragraphs (b) to (e) of this proviso and to Regulation
16B(2),”;
(b) after
the words “Regulation 3” in the Table to sub-paragraph (a) of the
proviso to paragraph (2) there shall be inserted the words “or
16B”;
(c) before
the words “the additional period”, where they first occur in
sub-paragraph (b) of the proviso to paragraph (2) there shall be inserted the
words “subject to Regulation 16B(3),”;
(d) for
the words “and any special contributions paid under arrangements made
whilst a member of the Former Hospital Scheme” in clause (iii) of
sub-paragraph (e) of the proviso to paragraph (2) there shall be substituted
the words “, any special contributions paid under arrangements made while
a member of the Former Hospital Scheme and any pensionable allowance giving
rise to added years of service under Regulation 16B”;
(e) before
the words “for the purpose” in sub-clause (A) of clause (v) of
sub-paragraph (e) of the proviso to paragraph (2) there shall be inserted the
words “subject to Regulation 16B(3),”.
5.-(1) In paragraph (3) of Regulation 9 of the
principal Regulations –
(a) for
the word “If” there shall be substituted the words “Subject
to Regulation 16B(3), if”;
(b) for
the words “subject to clause (ii) of the proviso to the definition of ‘average
salary’ ” in sub-paragraph (b) of the proviso there shall be
substituted the words “subject to sub-paragraph (b) of the definition of ‘final
pensionable salary’ ”.
(2) After
the words “ceases to receive pension” in sub-paragraph (i) of the
proviso to paragraph (5) of Regulation 9 of the principal Regulations there
shall be inserted the words “, or has his pension temporarily suspended
under paragraph (5A),”.
(3) After
paragraph (5) of Regulation 9 of the principal Regulations there shall be
inserted the following paragraph –
“(5A) For
the purposes of paragraph (5) –
(a) if
the child is not for the time being receiving full-time education but the
Committee, having considered such evidence as is provided by or on behalf of
the child, is satisfied that he is expected to resume or receive full-time
education in the future, the Committee may suspend payment of his pension
temporarily;
(b) a
decision made under sub-paragraph (a) may be varied in the light of further evidence;
(c) if
the Committee temporarily suspends payment under sub-paragraph (a), then on
resumption of payment the pension shall be subject to any increases which would
have applied had it not been suspended, and the amount payable to any other
child shall be decreased accordingly; and
(d) the
Committee may from time to time request in respect of a child who has attained
the age of 16 years further evidence regarding his full-time education, and if
such evidence is not supplied or is not in the opinion of the Committee
satisfactory, the child’s pension may be withheld.”.
(4) In
paragraph (7) of Regulation 9 of the principal Regulations –
(a) for
the word “In” there shall be substituted the words “Subject
to paragraph (9), in”;
(b) for
the words “average salary” there shall be substituted the words
“final pensionable salary”.
(5) In
paragraph (8) of Regulation 9 of the principal Regulations –
(a) for
the word “In” there shall be substituted the words “Subject
to paragraph (9), in”;
(b) for
the words “average salary” there shall be substituted the words
“final pensionable salary”.
(6) After
paragraph (8) of Regulation 9 of the principal Regulations there shall be
inserted the following paragraphs –
“(9) Subject
to paragraph (10), if in the period of 12 months immediately preceding his
death the member received a pensionable allowance giving rise to added years
under Regulation 16B, annual salary for the purpose of paragraphs (7) and (8)
shall mean the sum of –
(a) his
annual salary excluding that pensionable allowance; and
(b) the
actual amount of that pensionable allowance which he received in the period of
12 months immediately preceding his death.
(10) For
the purposes of paragraph (9) –
(a) a
member whose annual salary or pensionable allowance has, to the satisfaction of
the Committee, been reduced or discontinued owing to ill-health or injury shall
be deemed, for the purpose of this Regulation, to have received the salary or
allowance which he would otherwise have received (but for the reduction or
discontinuance) as certified by the employer; and
(b) if
the member was admitted to the scheme within 12 months of his death, the amount
of pensionable allowance shall be calculated as the annual equivalent of the
actual amount of pensionable allowance which he received between the date he
was admitted and the date of his death.”.
6.-(1) For the words “average
salary” in paragraph (2) of Regulation 10 of the principal Regulations
there shall be substituted the words “final pensionable salary”.
(2) For
the word “A” in paragraph (5) of Regulation 10 of the principal
Regulations there shall be substituted the words “Subject to paragraph
(6), a”.
(3) After
paragraph (5) of Regulation 10 of the principal Regulations there shall be
substituted the following paragraphs –
“(6) Subject
to paragraph (7), if in the period of 12 months immediately preceding his death
the member received a pensionable allowance giving rise to added years under
Regulation 16B, annual salary for the purpose of paragraph (5) shall mean the
sum of –
(a) his
annual salary excluding that pensionable allowance; and
(b) the
actual amount of that pensionable allowance which he received in the period of
12 months immediately preceding his death.
(7) For
the purposes of paragraph (6), a member whose annual salary or pensionable
allowance has, to the satisfaction of the Committee, been reduced or
discontinued owing to ill-health or injury shall be deemed, for the purpose of
this Regulation, to have received the salary or allowance which he would
otherwise have received (but for the reduction or discontinuance) as certified
by the employer.”.
7. In
sub-paragraph (b) of paragraph (2) of Regulation 11 of the principal
Regulations –
(a) before
the words “in respect of” there shall be inserted the words
“subject to Regulation 16B(3),”;
(b) for
the words “average salary” there shall be substituted the words
“final pensionable salary”.
8. In
Regulation 16 of the principal Regulations –
(a) for
the full stop in sub-paragraph (f) of the proviso to paragraph (1) there shall
be substituted the words “; and”;
(b) after
sub-paragraph (f) of the proviso to paragraph (1) there shall be inserted the
following sub-paragraph –
“(g) the
employer may also request an augmentation in respect of a former employee,
which shall be awarded by the Committee only if it is satisfied that –
(i) the
request is the result of an agreement between the employer and his employees;
and
(ii) the
agreement applies retrospectively, and applies to some or all of the
employer’s former employees.”.
9. After
Regulation 16 of the principal Regulations there shall be inserted the
following Regulations –
“PENSIONABLE ALLOWANCES
16A.-(1) Subject to this Regulation, the employer
may from time to time declare to be a pensionable allowance any payment or
allowance which is routinely paid to a member in addition to his basic salary
or wage, but is not –
(a) an
overtime payment or other emolument of a temporary nature; or
(b) a
payment in respect of untaken leave.
(2) A
declaration may only be made with the consent of the Committee and the
Establishment Committee, after the Establishment Committee has consulted the
Actuary.
(3) A
declaration shall –
(a) define
the payment or allowance which is being declared pensionable;
(b) specify
the date from which it is to be effective;
(c) specify
whether or not the payment or allowance gives rise to added years of
pensionable service under Regulation 16B;
(d) subject
to paragraph (4), specify whether or not any such payment or allowance,
received by a member or former member before the effective date of the
declaration, shall count towards the computation of benefits payable under
these Regulations; and
(e) subject
to paragraph (5), specify whether or not by virtue of the declaration a former
member shall be entitled to additional payments in respect of benefits paid
before the effective date of the declaration.
(4) If
in accordance with paragraph (3)(d) the employer’s declaration specifies
that the pensionable allowance received by a member or former member before the
effective date of the declaration shall count towards the computation of
benefits payable under these Regulations –
(a) the
Actuary shall determine and advise the Committee and the Establishment
Committee of the sum total for all members and former members of the value of
the additional benefits arising from the pensionable allowance paid before the
effective date of the declaration, including the value of any additional
payments under paragraph (3)(e) in respect of benefits;
(b) additional
employers’ contributions shall be payable, and additional contributions
shall also be payable by those members or former members who receive improved
benefits as a result of the declaration, in such proportions as the
Establishment Committee, after consulting the employer and the Committee, and
having regard to the advice of the Actuary, shall decide;
(c) the
value of the additional contributions under sub-paragraph (b) shall be equal to
the value of the additional benefits arising as determined under sub-paragraph
(a);
(d) the
additional contributions payable under sub-paragraph (b) may consist of –
(i) a
single cash payment to the scheme;
(ii) a
series of cash payments to the scheme over a period determined by the
Establishment Committee, on the advice of the Actuary, having regard to the
additional benefits arising; or
(iii) any
combination of payments described in clauses (i) and (ii) as the Establishment
Committee may determine in consultation with the employer and the Committee;
and
(e) the
additional contributions payable under sub-paragraph (b) shall be made without
the need for an amendment to the Regulations.
(5) Where
by virtue of the declaration –
(a) a
former member is entitled to additional payments under paragraph (3)(e) in
respect of benefits;
(b) one
or more of the additional payments are delayed by more than one month after the
dates on which they are due; and
(c) the
delay is not the fault of the former member,
each additional payment which is so delayed shall be increased with
interest at the Midland Bank Base Rate from the effective date of the
declaration (or from the date on which it was due to be paid, if that date is
later) up to and including the actual date of payment.
(6) Contributions
payable by a member under Regulation 3(1) –
(a) where
they are due before the effective date of the declaration of a pensionable
allowance, shall be based on his salary excluding that pensionable allowance;
and
(b) where
they are due on or after the effective date of the declaration of a pensionable
allowance, shall be based on his salary including that pensionable allowance.
(7) Subject
to paragraph (8), contributions payable by employers under Regulation 4 –
(a) where
they are due before the effective date of the declaration of a pensionable
allowance, shall be based on members’ salaries excluding that pensionable
allowance; and
(b) where
they are due on or after the effective date of the declaration of a pensionable
allowance, shall be based on members’ salaries including that pensionable
allowance.
(8) At
the first review of the Scheme carried out in accordance with Regulation 6 of
the General Regulations on or after the effective date of the declaration, the
Actuary shall calculate the adjustment (if any) to the employers’
contribution rate that may be required from the date of the review as a result
of the additional benefits arising from the pensionable allowances received by
members or former members on or after the effective date of the declaration,
and –
(a) any
proposals which the Establishment Committee submits to the States for disposing
of the surplus, or as the case may be, for making good the deficiency, shall
take into account the adjustment to the employers’ contribution rate; and
(b) if
the Committee and the Establishment Committee have not agreed on proposals, or
neither a surplus nor a deficiency is disclosed, the adjustment to the
employers’ contribution rate shall, after the further period of three
months to which sub-paragraphs (c) and (e) of Regulation 6(3) of the General
Regulations refer has elapsed, be applied retrospectively from the date of the
review without the need for amendments to the Regulations.
(9) Subject
to paragraphs (10), (11), (12) and (13), the employer may revoke a declaration
of a pensionable allowance, on giving the Committee and the Establishment
Committee at least six months notice of the intention to do so.
(10) Where
the Committee receives notice of the intention to revoke a pensionable
allowance under paragraph (9) it shall determine, in consultation with the
employer and the Establishment Committee, and having regard also to the advice
of the Actuary, a method of dealing equitably with members’ past service
entitlements in respect of such pensionable allowance received before the
proposed date of revocation.
(11) If
the pensionable allowance gives rise to added years of pensionable service
under Regulation 16B, the method to which paragraph (10) of this Regulation
refers may involve niter alia the
cancellation of part or all of the added years of pensionable service credited
under Regulation 16B.
(12) If
the pensionable allowance does not give rise to added years of pensionable
service under Regulation 16B, the method to which paragraph (10) of this
Regulation refers may involve inter alia
the provision of an appropriate number of added years of pensionable service,
which shall be deemed to be added years credited under Regulation 16B for the
purposes of these Regulations.
(13) The
effective date of revocation of a declaration of a pensionable allowance shall
be nine months after the employer gives notice, or three months after the
Committee has determined the method of dealing with members’ past service
entitlements (whichever is later).
ADDED YEARS IN RESPECT OF A PENSIONABLE
ALLOWANCE
16B.-(1) In the case of a member or former member
who has received a pensionable allowance giving rise to added years of
pensionable service under this Regulation, the number of the added years to be
credited to him shall be determined as follows –
(a) if
the employer has declared that the pensionable allowance received by the
individual concerned before the effective date of the declaration shall count
towards the computation of benefits, the number of added years of pensionable
service in respect of the period before the effective date shall be determined
by the employer, with the consent of the Establishment Committee after that
Committee has consulted the Committee and the Actuary;
(b) in
respect of each calendar year during which the individual concerned is a member
(excluding the calendar years before the effective date of the declaration and,
if it has been revoked, excluding the calendar years after the effective date
of revocation of the declaration), the number of added years of pensionable
service shall be determined in accordance with the formula
, where –
(i) ‘A’
is the number of days during the year when the individual was a member
(excluding any days before the effective date of the declaration and, if it has
been revoked, after the effective date of its revocation);
(ii) ‘B’
is the total pensionable allowance giving rise to added years which was
received by the member during the year (excluding the pensionable allowance
received before the effective date of the declaration and, if it has been
revoked, after the effective date of its revocation); and
(iii) ‘C’
is the total salary received by the member during the year (excluding B and
excluding any salary received before the effective date of the declaration and,
if it has been revoked, after the effective date of its revocation); and
(c) at
the time he ceases to be a member of the scheme, the total number of added
years of pensionable service to be credited to the individual shall be the sum
of the added years determined under sub-paragraph (a) and the added years
determined in respect of each calendar year under sub-paragraph (b),
but in the case of a member who was a part-time employee at any
time during the year, C shall be subject to an adjustment, determined by the
Actuary after consulting the employer, having regard inter alia to the proportion of full-time hours worked by the
member.
(2) Where
–
(a) pensionable
service is to be enhanced under sub-paragraph (a) of the proviso to Regulation
7(2); and
(b) the
individual received, in the year immediately preceding the date on which he
ceased to be a member of the scheme, a pensionable allowance giving rise to
added years of pensionable service under this Regulation,
a further period of added years shall be calculated in accordance
with the formula A x B, where –
(i) ‘A’
is the number of added years of pensionable service credited under this
Regulation in respect of the year immediately before the date the individual
ceased to be a member of the scheme; and
(ii) ‘B’
is the relevant additional period in the Table in sub-paragraph (a) of the
proviso to Regulation 7(2),
and, for the individual concerned, the period so calculated shall
be added to the relevant additional period in that Table for the purpose of
determining the enhancement of pensionable service.
(3) Where
–
(a) there
is to be calculated under sub-paragraph (b) of the proviso to Regulation 7(2),
Regulation 9(3) or Regulation 11(2) a pension or period of pensionable service
which would have applied to an individual if he had continued in service until
normal retiring age; and
(b) the
individual had received, in the year immediately preceding the date he ceased
to be a member of the scheme, a pensionable allowance giving rise to added
years of pensionable service under this Regulation,
it shall be assumed, for the purpose of the calculation, that the
number of added years of pensionable service credited under this Regulation in
respect of the year immediately preceding the date on which the individual
ceased to be a member of the scheme would also have been credited in respect of
each year after he ceased to be a member, up to and including the date of his
normal retiring age, with the credit in respect of a part year counting
proportionately.
(4) A
member whose pensionable allowance or salary has, to the satisfaction of the
Committee, been reduced or discontinued because of ill-health or injury shall
be deemed for the purpose of calculating added years under this Regulation to
have received the allowance or salary which he would otherwise have received (but
for the reduction or discontinuance) as certified by the employer.”.
10. After
the words “has at any time been a part-time employee,” in
Regulation 18 of the principal Regulations there shall be inserted the words
“final pensionable salary,”.
11.-(1) These Regulations may be cited as the
Public Employees (Contributory Retirement Scheme) (New Members) (Amendment No.
6) (Jersey) Regulations 1998.
(2) Paragraph
(1) of Regulation (1), Regulations 3 and 4, paragraphs (1), (4), (5) and (6) of
Regulations 5 and Regulations 6, 7, 8, 9 and 10 of these Regulations shall be
deemed to have come into force on the first day of January 1996.
(3) Except
as provided in paragraph (2), these Regulations shall come into force on the
first day of July 1998
G.H.C. COPPOCK
Greffier of the States.