Jersey R & O 5010
Public Employees (Retirement) (Jersey) Law, 1967.
____________
PUBLIC EMPLOYEES (CONTRIBUTORY RETIRMENT SCHEME) (JERSEY)
REGULATIONS, 1967.
____________
(Promulgated on the 9th day of
December, 1967).
____________
STATES OF JERSEY.
____________
The 5th day of
December, 1967.
____________
THE STATES, in pursuance of Article 2 of
the Public Employees (Retirement) (Jersey) Law, 1967, have made
the following Regulations: -
INTERPRETATION
1.-(1) In these Regulations, unless the context
otherwise requires –
“the appointed day” means the first day of January,
1968 ;
“average salary” means the average of the annual salary
received by a contributory member during the three years immediately preceding
the day on which he ceases to hold his employment or the day on which he
attains normal retiring age, whichever is the earlier :
[Provided that a contributory member whose salary has been reduced
or discontinued by reason of his absence from duty owing to ill-health or
injury shall be deemed to have received the salary which he would otherwise
have received but for the reduction or discontinuance.]
“child” means a person who would be treated as a child
for the purposes of the Family Allowances (Jersey) Law, 1951 ;
“civil servant” means a person in the employ of the
States whose duties are wholly or mainly administrative, professional,
technical or clerical ;
“contributory member” has the meaning assigned thereto
by Regulation 3 of these Regulations ;
“the Law” means the Public Employees (Retirement)
(Jersey) Law, 1967 ;
“manual worker” means a person in the employ of the
States whose terms of employment are governed by the Manual Workers Joint
Council or a person, other than a civil servant, in the employ of the
Telephones Committee ;
“normal retiring age” means sixty-five years in the
case of a male and sixty years in the case of a female ;
“retirement pension” means a pension payable by virtue
of Regulation 6 of these Regulations ;
“salary” means all salary, wages and other payments paid
or made to a contributory member as such for his own use and includes the money
value of any accommodation and allowances in kind appertaining to his
employment, but does not include any overtime payments or any travelling or
subsistence allowances or payments made to him for the purposes of his
employment ;
“the scheme” means the pension scheme set out in these
Regulations ;
“service” means service as a contributory member ;
“widow’s pension” means a pension payable by
virtue of Regulation 7 of these Regulations.
[(2) References
in these Regulations to any other enactment shall, unless the context otherwise
requires, be construed as references to that enactment as amended by any
subsequent enactment and to any enactment repealing and re-enacting that enactment
with or without further amendment.]
ESTABLISHMENT OF FUND
2. As
from the appointed day, there shall be established by the Committee, in
consultation with the Finance Committee, a fund for the purposes of the scheme
to be managed in accordance with Article 3 of the Law.
CONTRIBUTORY MEMBERS
3.-(1) All persons employed by the States as
are mentioned in paragraph (2) of this Regulation, shall participate in the
scheme and such persons are hereinafter referred to as “contributory
members”.
(2) The
persons referred to in paragraph (1) of this Regulation are the following, that
is to say –
(a) any civil servant or
manual worker in the employ of the States prior to the appointed day who has
elected under Regulation 4 of these Regulations to participate in the scheme;
(b) all civil servants and
manual workers [other than civil servants and manual workers to whom
sub-paragraphs (c) and (d) of this paragraph apply,] who enter the employ of the States on or after the
appointed day;
[(c) any person in the employ of
the Committee for Postal Administration on the first day of October, 1969 who
immediately before that day was in the employ of Her Majesty’s
Postmaster-General and who has elected under arrangements approved in that
regard to participate in the scheme;
(d) all persons who entered
the employ of the said Committee after the first day of October, 1969:]
Provided that the following civil servants and manual workers shall
not be contributory members, that is to say a person who –
(i) is
under the age of twenty years;
(ii) cannot
complete ten years service before attaining normal retiring age;
(iii) has
attained normal retiring age on or before the appointed day; or
(iv) does
not satisfy the Committee that he is employed by the States in a whole time, permanent
capacity.
(3) A
civil servant or manual worker to whom sub-paragraph (a) of paragraph (2) of this Regulation refers shall be deemed for
the purposes of reckoning his service as having been a contributory member from
the date on which his service with the States was reckoned for the purposes of
any pension to which that person might have been entitled before he elected to
participate in the scheme, or, where he was not so entitled, from such date as
the Committee shall in any particular case determine.
(4) For
the purposes of this Regulation, a person shall be deemed to be employed in a
whole time, permanent capacity if he devotes substantially the whole of his
time to employment in the service of the States.
EXISTING EMPLOYEES
4.-(1) A civil servant or manual worker who in
the opinion of the Committee was in the permanent full-time employ of the
States prior to the appointed day and who is not a person mentioned in the
proviso to paragraph (2) of Regulation 3 of these Regulations shall be entitled
to make written application to the Committee within the three months next
following that day to participate in the scheme and, in such event, the
provisions of these Regulations shall apply to him as from the appointed day to
the exclusion of the provisions of the Civil Service Administration (Pensions)
(Jersey) Rules, 1963, or such
other pensions scheme of which he was a member prior to the appointed day.
(2) A
civil servant or manual worker who in the opinion of the Committee was in the
permanent full-time employ of the States prior to the appointed day but who was
on that day under the age of twenty years, shall be entitled to make written
application to the Committee within the three months next following the day on
which he attains such age and, in such event, the provisions of these
Regulations shall apply to him as from such day to the exclusion of the
provisions of the Civil Service Administration (Pensions) (Jersey) Rules, 1963,8 or such other
pensions scheme as aforesaid.
(3) For
the avoidance of doubt, it is hereby declared that if a person to whom this
Regulation applies does not make application as aforesaid to the Committee to
participate in the scheme, the provisions of the Civil Service Administration
(Pensions) (Jersey) Rules, 1963,8 or such other pensions scheme as aforesaid, shall
continue to apply to him as if these Regulations, apart from this Regulation,
had not been passed.
CONTRIBUTIONS
5.-(1) Subject to the provisions of these
Regulations, a contributory member shall as from his date of entry into the
scheme contribute annually to the fund an amount equal to six per cent. of his
salary, less the specified amount:
Provided that a contributory member who has attained normal
retiring age shall not make any contributions under this Regulation.
(2) The
States shall as from the date of entry into the scheme of every contributory
member contribute annually to the fund an amount equal to ten per cent. of the
salary of each contributory member, less the specified amount.
(3) In
addition to the contributions payable by virtue of paragraph (2) of this
Regulation, the States shall also as from the appointed day pay annually to the
fund such amount as the Actuary shall from time to time certify as appropriate
in respect of the balance of the liability of the fund.
(4) The
Treasurer of the States shall deduct from the salary of each contributory
member at such regular intervals as the Committee shall specify the amount of
the contribution payable by him to the fund.
(5) In
this Regulation –
“date of entry” means the date on which a person is
deemed to have become a contributory member or the appointed day whichever is
the later;
[“specified amount” means, in the case of a male
contributory member, 61p a week and, in the case of a female contributory
member, 58p a week.]
RETIREMENT PENSION
6.-(1) Subject to the provisions of these
Regulations, a contributory member shall be entitled, on ceasing to hold
employment with the States, to receive a retirement pension if –
(a) he has completed not
less than ten years service; and either
(b) he has attained normal
retiring age; or
(c) he is incapable of
discharging efficiently the duties of his employment by reason of permanent
ill-health or disability of mind or body.
(2) The
annual rate of retirement pension shall be one-sixtieth of the contributory
member’s average salary for each completed year of service, not exceeding
forty-five, less an amount equal to one-fortieth of [the abatement figure] for each completed year of service, not exceeding
forty plus one seven hundred and twentieth of the member’s average salary
for each completed month of service between the end of the last completed year
of service and the day on which he attains normal retiring age, less an amount
equivalent to one four hundred and eightieth of [the abatement figure]10 for each such
completed month of service:
Provided that –
(i) in
calculating the number of completed years of service, no account shall be taken
of any service in respect of which a refund or a transfer value has been paid
under Regulation 11 or 14 of these Regulations;
(ii) the
deduction shall only be made as from the date on which the contributory member
becomes entitled to receive [the abatement figure.]10
(3) Notwithstanding
the provisions of sub-paragraph (b) of
paragraph (1) of this Regulation, a contributory member may retire at any time
not more than five years before attaining normal retiring age and the Committee
may require a member similarly so to retire and in either case a retirement
pension, calculated as aforesaid, shall be payable to him as from the date of
his retirement:
Provided that the Committee shall not require a member to retire by
virtue of this paragraph unless he has completed not less than ten years
service.
(4) The
Committee may require a person in receipt of a retirement pension by virtue of
sub-paragraph (c) of paragraph (1) of
this Regulation to undergo from time to time such medical examination as the
Committee thinks fit and in any case where the person refuses to undergo an
examination his pension or such part thereof as the Committee may deem
appropriate shall be withheld.
(5) If,
as a result of a medical examination carried out in pursuance of paragraph (4)
of this Regulation, the Committee is advised that the person is able to perform
efficiently duties which are compatible with his former employment and the
Committee offers him such employment, the person shall cease to receive a
retirement pension by virtue of the said sub-paragraph (c) as from the date of his re-entering the service of the States,
or three months from the date of the offer of re-employment, whichever date is
the earlier.
(6) For
the purposes of this Regulation, [“the abatement figure”] means the average of the annual basic rate of old
age pension payable under the Insular Insurance (Jersey) Law, 1950, during the three years immediately preceding the
day on which the contributory member ceases to hold employment with the States
[or attains normal retiring age, whichever event occurs first], or the average assessed as aforesaid of the actual
rate of such old age pension to which he is entitled, [or £390 a year,
whichever is the lowest].11
WIDOW’S PENSION
7.-(1) Subject to the provisions of these
Regulations, a widow of a contributory member who dies on or after the
appointed day and who, at the time of his death –
(a) had completed not less
than ten years service; or
(b) was receiving a
retirement pension; or
(c) had retired, but who would
have been entitled to receive a retirement pension by virtue of Regulation 10
of these Regulations if he had lived to attain normal retiring age;
shall be entitled to receive a widow’s pension:
Provided that a widow shall not be entitled to receive a
widow’s pension by virtue of sub-paragraph (b) of this paragraph if the marriage took place after the member
had attained normal retiring age.
(2) The
annual rate of a widow’s pension shall be as follows –
(a) in the case of the
widow of a member to whom sub-paragraph (a)
of paragraph (1) of this Regulation refers –
(i) where
the member had not attained normal retiring age, one half of the amount of
retirement pension which that member would have received by virtue of paragraph
(2) of Regulation 6 of these Regulations, if he had retired on attaining normal
retiring age, his salary from the date of his death to that date having
remained unaltered ;
(ii) where
the member had attained normal retiring age, one half of the amount of
retirement pension which that member would have received by virtue of the said
paragraph (2) if he had retired on the day immediately preceding his death ;
****** ; or
[(aa) in the case of the widow of a member to whom
sub-paragraph (b) of paragraph (1) of
this Regulation refers –
(i) where
the member had been receiving a retirement pension by virtue of sub-paragraphs
(a) and (b) of paragraph (1) of Regulation 6 of these Regulations, one half
of the amount of retirement pension which that member was receiving by virtue
of paragraph (2) of Regulation 6 of these Regulations ;
(ii) where
the member had been receiving a retirement pension by virtue of sub-paragraphs
(a) and (c) of paragraph (1) of Regulation 6 of these Regulations, one half
of the amount of retirement pension which that member would have received by
virtue of paragraph (2) of Regulation 6 of these Regulations, if he had retired
on attaining normal retiring age, his salary from the date of his actual
retirement to that date having remained unaltered ;
********14
; or]
(b) in the case of the
widow of a member to whom sub-paragraph * * * (c) of paragraph (1) of this Regulation
refers, one half of the amount of retirement pension which that member would
have received by virtue of paragraph (2) of Regulation 6 of these Regulations *
* * * ; * * * * * * * *17
(3) A
widow’s pension shall cease to be payable to a widow –
(a) if she remarries, as
from the date of such marriage ; and
(b) during any period
during which she is cohabiting with a man as his wife
(4) For
the purposes of this Regulation, * * * * [and
“salary” means in the case of a contributory member whose salary at
the time of his death had been reduced or discontinued by reason of his absence
from duty owing to ill-health or injury, the salary which he would otherwise
have received but for the reduction or discontinuance].
CHILDREN’S BENEFIT
8.-(1) Where a contributory member dies after
having completed at least ten years service or after having been in receipt of
a retirement pension under sub-paragraph (c)
of paragraph (1) of Regulation 6 of these Regulations, leaving a widow and a
child, the widow shall be entitled to receive annually in respect of each child
the sum of [one hundred pounds]:
Provided that where the Committee is satisfied that a child is in
the care of, or is being maintained by, some person or authority other than the
widow, the Committee may at its absolute discretion pay the children’s
benefit in respect of that child to that other person or authority instead of
to the widow.
(2) Where
a contributory member dies after having completed at least ten years service or
after having been in receipt of a retirement pension under sub-paragraph (c) of paragraph (1) of Regulation 6 of
these Regulations, and leaves a child but no widow or widower, or leaves a
widow or widower who subsequently dies, the person or authority who, in the
opinion of the Committee, has the care of, or is maintaining the child shall be
entitled to receive annually the sum of [one hundred and fifty pounds].20
DEATH BENEFIT
9.-(1) Subject to the provisions of these
Regulations, if a contributory member dies after having completed at least five
years service as a contributory member but before he has attained normal
retiring age, there shall be paid to his estate an amount equal to the annual
salary which he was receiving at the date of his death or the aggregate amount
of his contributions together with compound interest thereon calculated to the
date of his death at the rate of three per cent. per annum with half yearly
rests, whichever is the greater.
(2) In
the case of a contributory member who dies before completing five years service
as a contributory member, there shall be paid to his estate an amount equal to
the aggregate amount of his contributions together with compound interest
thereon calculated in the manner described in paragraph (1) of this Regulation.
[(3) For the
purposes of paragraph (1) of this Regulation, “annual salary”
means, in the case of a contributory member whose salary at the time of his
death had been reduced or discontinued by reason of his absence from duty owing
to ill-health or injury, the salary which he would otherwise have received but
for the reduction or discontinuance].
DEFERRED PENSIONS
10. In
any case where a contributory member has completed not less than ten years
service with the States and is over fifty but under sixty years of age in the
case of a male member or over forty-five but under fifty-five years of age in
the case of a female member, and then retires from the service of the States,
not being entitled to a retirement pension under sub-paragraph (c) of paragraph (1) of Regulation 6 of
these Regulations, he shall be entitled to a retirement pension payable on his
attaining normal retiring age calculated in accordance with the provisions of
paragraph (2) of the said Regulation 6.
REFUND OF CONTRIBUTIONS IN CERTAIN CASES
11.-(1) Subject to the provisions of these
Regulations, a contributory member who, before becoming entitled to any
retirement pension, leaves the service of the States for any reason other than
his dismissal or resignation in consequence of inefficiency or any offence of a
fraudulent character or misconduct, shall be entitled to receive a sum equal to
the aggregate amount of his contributions to the fund, together with compound
interest thereon, calculated to the date on which he left the service of the
States, at the rate of three per cent. per annum with half-yearly rests.
(2) A
contributory member who, before becoming entitled to any retirement pension,
leaves the service of the States in consequence of inefficiency, or an offence
of a fraudulent character or misconduct, not being such an offence or
misconduct in connexion with the duties of, or otherwise in relation to, his
employment, shall be entitled to receive a sum equal to the aggregate amount of
his contributions to the fund.
(3) Where
a contributory member leaves the service of the States in consequence of grave
misconduct, being such an offence or such misconduct in connexion with the
performance of the duties of, or otherwise in relation to, his employment, and
is not entitled to any retirement pension, the Committee may, if it thinks fit,
return to him a sum equal to the whole or a part of the aggregate amount of his
contributions to the fund, or, if he leaves the service of the States in
consequence of such an offence of a fraudulent character as aforesaid, pay an
equivalent sum to his wife, if any, or, where appropriate, to any person having
the care of, or maintaining, a child of the contributory member.
(4) Notwithstanding
anything in the foregoing provisions of this Regulation, no payment shall be
made thereunder to a contributory member who leaves the service of the States
to enter the service of another employer in such circumstances that an amount
is payable in respect of him under Regulation 14 of these Regulations.
(5) The
Committee shall be under no obligation to make any payment under paragraph (1)
or (2) of this Regulation before the expiration of twelve months from the date
on which the contributory member in question leaves the service of the States
or until a claim for payment has been made, whichever event is the earlier.
(6) In
assessing the amount of a contributory member’s contributions to the fund
for the purposes of this Regulation, account shall be taken of any
contributions paid by that member to any pension scheme of which he was
previously a member and which have been refunded or transferred under the
provisions of Regulation 15 of these Regulations.
TRANSITIONAL PROVISION IN RELATION TO FEMALE CONTRIBUTORY MEMBER
12. Notwithstanding
anything in these Regulations, a female contributory member who, before
becoming entitled to any retirement pension, leaves the service of the States
in consequence of her marriage and who under the provisions of Rule 5 of the
Civil Service Administration (Pensions) (Jersey) Rules, 1963, or under the provisions of any other pensions
scheme of which she was a member prior to the appointed day, would have been
entitled to a marriage gratuity, shall, in addition to receiving any refund of
contributions by virtue of Regulation 11 of these Regulations, also receive the
marriage gratuity in the amount to which she would have been entitled under the
above-mentioned Rules or under such other pensions scheme as aforesaid.
BENEFIT TO BE INALIENABLE
13. Subject
to the provisions of these Regulations, no pension or other benefit payable by
virtue of these Regulations shall be capable of being assigned, charged or
attached, nor shall they pass to any other person by operation of law, nor
shall any claim be set off against the same.
TRANSFERS OUT OF SCHEME
14.-(1) Subject to the provisions of these
Regulations, if a contributory member leaves the service of the States and
within twelve months enters the service of another employer with whom the
Committee has concluded a reciprocal agreement in relation to transfer of staff
between the respective services, the Committee may pay to that other employer
or to such person or body as that employer may specify, a transfer value of
such amount as the Actuary may certify as appropriate in any particular case.
(2) No
transfer value shall be payable where a payment has been made to the person
concerned under Regulation 11 of these Regulations unless that person refunds
the amount of such payment to the Committee.
TRANSFERS INTO SCHEME
15. If
a person on becoming a contributory member pays to the Committee any refund
paid to him, or any transfer value is paid in respect of him, under the terms
of any pension scheme of which that person was previously a member, the
Committee may declare him to have become a contributory member on such date as
the Actuary may certify as appropriate having regard to the amount of money
received by the Committee in respect of the person concerned.
REDUCTION OF SALARY
16.-(1) In any case where the salary of a
contributory member is reduced and, in the opinion of the Committee, such
reduction is not due to the wilful fault of the member, he may, within three
months of the date on which the reduction takes effect, give notice in writing
to the Committee that he wishes to continue to pay contributions at the rate at
which he was paying them immediately before the reduction, and thereupon for
all the purposes of this scheme his salary shall be deemed to be an amount
equal to that of his salary immediately before such reduction.
(2) In
any case where a contributory member gives notice as aforesaid, the
contribution to be paid by the States in respect of him shall be the
contribution which was so payable before the reduction in salary.
(3) The
provisions of this Regulation shall apply until such time as the member’s
salary rises above the level of that at which it was payable immediately prior
to the reduction referred to in paragraph (1) of this Regulation.
ADDED YEARS
17. Where
a contributory member before his employment with the States has acquired any
special professional, academic or other qualifications or experience or has
been employed in any employment approved by the Committee, the Committee may
determine that, subject to such terms and conditions as it may specify, he
shall be deemed to have become a contributory member on such date (not being a
date earlier than that on which he attained the age of twenty years) as may be
so determined.
[MODIFICATION OF SCHEME FOR AIR TRAFFIC CONTROL OFFICERS
17A. In their
application to Air Traffic Control Officers, these Regulations shall have
effect subject to the following modifications: -
(a) the
normal retiring age shall be sixty years and the definition of that phrase in
Regulation 1 shall be construed accordingly;
(b) the
annual rate of retirement pension shall be one forty-fifth of the
officer’s average salary for each completed year of service not exceeding
thirty-five less an amount equal to one thirty-fifth of the abatement figure
for each completed year of service, not exceeding thirty-five, and one five
hundred and fortieth of his average salary for each completed month of service,
less an amount equivalent to one four hundred and twentieth of the abatement
figure for each completed month of service, and paragraph (2) of Regulation 6
shall be construed accordingly;
(c) Regulation
10 shall be construed as if, for the words “over fifty but under sixty
years of age in the case of a male member or over forty-five but under
fifty-five years of age in the case of a female member”, there were
substituted the words “over forty-five but under fifty-five years of
age”.]
MEMBERS OF POLICE FORCE, FIRE SERVICE AND PRISON SERVICE
18.[-(1) Subject to the provisions of paragraph
(2) of this Regulation, as] from the
appointed day, all members of the States of Jersey Police Force, the States of
Jersey Fire Service and the States of Jersey Prison Service shall participate
in the scheme and the provisions of these Regulations shall apply to them
subject to the following modifications –
(a) the
normal retiring age shall be fifty-five and the definition of that phrase in
Regulation 1 shall be amended accordingly.
(b) the
references in Regulation 4 to the Civil Service Administration (Pensions)
(Jersey) Rules, 1963, shall be
construed as references to the Police Force (General Provisions) (Jersey)
Regulations, 1952, the Fire
Service (General Provisions) (Jersey) Regulations, 1959, or the Prison Officers (Jersey) Regulations, 1957, as the case may be;
(c) the
annual rate of retirement pension shall be one forty-fifth of the members
average salary for each completed year of service, [not exceeding thirty-five] less an amount equal to [one thirty-fifth]29 of [the
abatement figure] for each
completed year of service, [not exceeding thirty-five]29 and one five
hundred and fortieth of the members average salary for each completed month of
service, less an amount equivalent to [one four hundred and twentieth]29 of [the
abatement figure]30
for each completed month of service, and paragraph (2) of Regulation 6 shall be
amended accordingly;
(d) the
power of the Committee under paragraph (3) of Regulation 6 to require a member
to retire at any time not more than five years before attaining normal retiring
age shall not be exercisable save after consultation with the Defence Committee
or the Prison Board, as the case may be;
* * * * *
(f) in
Regulation 10, the references to fity and sixty years of age shall be amended
to forty-five and fifty years of age respectively.
[(2) The
provisions of these Regulations shall apply with respect to the participation
in the scheme of the [Chief Officer or the] Deputy
Chief Officer of the States of Jersey Police Force [or, as the case may be, the
Prison Governor,] subject
to the following modifications –
(a) his
normal retiring age shall be sixty years and the definition of that phrase in
Regulation 1 shall be construed accordingly:
Provided that the Defence Committee [or, as the case may be, the
Prison Board,] may, for reasons to be recorded
in writing permit him to continue in service for a period of not more than five
years after he has attained normal retiring age;
(b) the
references in Regulation 4 to the Civil Service Administration (Pensions)
(Jersey) Rules, 1963, shall be
construed as references to the Police Force (General Provisions) (Jersey)
Regulations, 1952 [or, as
the case may be, the Prison Officers (Jersey) Regulations, 1957;]
(c) the
annual rate of retirement pension shall be one forty-fifth of his average
salary for each completed year of service, [not exceeding thirty-five] less an amount equal to [one thirty-fifth]39 of [the
abatement figure] for each
completed year of service, [not exceeding thirty-five],39 and one five
hundred and fortieth of his average salary for each completed month of service,
less an amount equivalent to [one four hundred and twentieth]39 of [the
abatement figure]40
for each completed month of service, and paragraph (2) of Regulation 6 shall be
amended accordingly;
(d) the
power of the Committee under paragraph (3) of Regulation 6 to require a
contributory member to retire at any time not more than five years before attaining
normal retiring age shall not be exercisable in respect of him save after
consultation with the Defence Committee [or, as the case may be, the Prison
Board;]38
* * * * *
(f) in
Regulation 10, the references to fifty and sixty years of age shall be amended
to forty-five and fifty-five years of age respectively.]
DATE OF BECOMING CONTRIBUTORY MEMBER
19. The
Committee shall notify –
(a) as
soon as may be after the appointed day every person who has elected under
Regulation 3 of these Regulations to become a contributory member;
(b) where appropriate, any person
within three months after his entry into the service of the States;
of the date on which he is deemed to have become a contributory
member and for the purpose of enabling the Committee to comply with this
Regulation, the Committee may require any such person as is mentioned in this
Regulation to furnish it with such information as it might consider necessary.
CITATION
20. These
Regulations may be cited as the Public Employees (Contributory Retirement
Scheme) (Jersey) Regulations, 1967.
A.D. LE BROCQ,
Greffier of the States.