Jersey R & O 7660

Public Employees (Retirement) (Jersey) Law, 1967.

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PUBLIC EMPLOYEES (CONTRIBUTORY RETIREMENT SCHEME) (TRANSITIONAL PROVISIONS) (JERSEY) REGULATIONS, 1987.

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 (Promulgated on the 26th day of August, 1987.)

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STATES OF JERSEY.

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The 25th day of August, 1987.

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WHEREAS there is in existence a Scheme to provide pensions for certain public employees;

WHEREAS the States intend to amend that Scheme by the introduction of new provisions;

WHEREAS those amendments cannot be fully brought into force until 1988;

WHEREAS it is desirable that some of those amendments should have effect as from the third day of December, 1986, being the day after the date on which agreement on those amendments was reached between representatives of the States and the employees;

NOW THEREFORE THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law, 1967,1 have made the following Regulations –

1.-(1)  These Regulations shall be construed as one with the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations, 1967, as amended,2 hereinafter referred to as “the principal Regulations”.

(2)     In these Regulations –

“the effective date” means the date of the coming into force of these Regulations;

“member” means a contributory member who was an employee of the States before 2nd December, 1986 and who continued to be so employed after that date.

2.             Where a member becomes entitled to receive a retirement pension on or after the effective date but before 1st January, 1988, he may elect, in accordance with the provisions of Regulation 7 of these Regulations, that these Regulations shall apply to him.

3.             Where a member became entitled to receive a retirement pension after 2nd December, 1986, but before the effective date, he may elect that these Regulations shall apply to him and, in such case, the Committee shall apply these Regulations to him as from the date on which he became so entitled in accordance with such advice as the actuary shall specify as appropriate to the particular case.

4.             Where a member became entitled to receive a retirement pension after 2nd December, 1986, but died before the effective date or within one month thereafter without having made an election under these Regulations, he shall be deemed to have made such an election if, in accordance with advice which the Committee shall obtain from the actuary, it would be in the interests of the member’s family or estate.

5.             A member who dies in service before 1st January, 1988, shall be deemed to have made an election under these Regulations if, in accordance with advice which the Committee shall obtain from the actuary, it would be in the interests of the member’s family or estate.

6.             Where a member has made an election, or is deemed to have made an election under these Regulations, these Regulations shall apply to him until 1st January, 1988.

7.             An election made under these Regulations shall be made –

(a)     on a form provided for that purpose by the Committee;

(b)     within one month next following the effective date in respect of members to whom a retirement pension was payable between 3rd December, 1986 and the effective date;

(c)     before the date of retirement in respect of all other members.

8.-(1)  In respect of any member to whom these Regulations apply, the principal Regulations shall be amended in paragraph (1) of Regulation 1, by deleting in the definition of “average salary”, the words “average of the annual” and by substituting for the words “three years” the words “best successive 365 days in the three years”.

(2)     In respect of any member to whom these Regulations apply and who dies during 1987, the principal Regulations shall be amended by substituting in sub-paragraph (a) of paragraph (1) of Regulation 7, for the word “ten” the word “five”.

(3)     In any case where a member to whom these Regulations apply, becomes entitled to receive a retirement pension he may exchange up to a maximum of one-quarter of the annual amount of his annual pension for a lump sum payment, in which case for each one pound of the pension the sum of nine pounds shall be payable.

9.             These Regulations may be cited as the Public Employees (Contributory Retirement Scheme) (Transitional Provisions) (Jersey) Regulations, 1987, and shall come into force forthwith on promulgation.

R.S. GRAY

Deputy Greffier of the States.