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

INTERPRETATION

1.-(1) In these Regulations, unless the context otherwise requires –

“Actuary” means the Actuary to the scheme appointed under the General Regulations;

“added years” means such period of notional pensionable service as may be granted to a member on account of –

(a) any refund or transfer value paid to the scheme under Regulation 7 of the General Regulations;

(b) any additional voluntary contributions (and related employer contributions) paid under Regulation 3; and

“appointed day” means 1st January, 1988;

“average 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 –

(i) if the member has received salary for less than 365 days in the last three years, average salary shall be the total salary received in the last three years divided by the number of days for which the member received salary in those years and multiplied by 365;

(ii) 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;

“category A member” means a member employed in the States of Jersey Police Force, the States of Jersey Fire Service, the States of Jersey Prison Service, the States of Jersey Port Control Unit, or the States of Jersey Airport Fire Service, other than a category B member;

“category B member” means a member who is the Chief Officer of the States of Jersey Police Force, the Prison Governor, a Chief Officer of the States of Jersey Prison Service, the Chief Fire Officer, the Chief Airport Fire Service Officer, the Deputy Chief Airport Fire Service Officer or an Air Traffic Control Officer;

“child” means a person who would be treated as a child for the purposes of the Family Allowances (Jersey) Law, 1972,3 for so long as he would be so treated;

“Committee” means the Committee of Management established in accordance with Regulation 3 of the General Regulations;

“Crown Officer” means the Bailiff, the Deputy Bailiff, the Attorney General and the Solicitor General;

“deferred pensioner” means a former member entitled to a pension under Regulation 8 which has not yet become payable;

“dependant” means in relation to any deceased member, deferred pensioner or pensioner, any adult person who was at the time of his death or when an election took place under Regulation 14 dependant on him for the provision of all or most of the ordinary necessaries of life;

“employee” means a person employed by an employer who the employer certifies is –

(a) a full-time employee or a part-time employee; and

(b) employed on a permanent basis or on a fixed term contract of at least one year and one day in duration which is, with the consent of the Establishment Committee, expressed to be pensionable; and

“employer” means –

(a) the Establishment Committee, in respect of the States or any administration of the States;

(b) any other employer whose employees have become members pursuant to Article 4 of the Law or the General Regulations;

“1989 Existing Members Regulations” means the Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations, 1989;4

“General Regulations” means the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations, 1989;5

“the Law” means the Public Employees (Retirement) (Jersey) Law, 1967;6

“member” means an employee who joins or rejoins the scheme pursuant to Regulation 2 for so long as he remains an employee and “membership” shall be construed accordingly;

“normal retiring age” means –

(a) for category A members, 55 years;

(b) for category B members, 60 years;

Provided that in the case of a Crown Officer or Magistrate who continues to hold office after the age of 65 years it shall mean the age attained on the date on which he ceases to hold office;

“part-time employee” means a person who regularly works for 18 or more hours a week but fewer than full-time hours;

“pensionable service” means (subject to Regulations 2(8), 2(10) and 18) the member’s last or only period of continuous service whilst a member of the scheme in accordance with these Regulations and, in the case of a member referred to in Regulation 2(1)(b)(i), service as defined under the 1967 Regulations, together with any added years;

“pensioner” means a former member or deferred pensioner in receipt of a pension under these Regulations;

“qualifying service” means (subject to Regulation 2(10)) the member’s last or only period of continuous service whilst a member of the scheme in accordance with these Regulations, together with –

(a) in the case of a member referred to in Regulation 2(1)(b)(i), service as defined under the 1967 Regulations, excluding any period of service granted in lieu of a transfer value under Regulation 15 of the 1967 Regulations but including any period of pensionable service under a transferring arrangement in respect of which a payment was received under that Regulation (whether directly or indirectly) but excluding any notional pensionable service granted by such transferring arrangement;

(b) any period of pensionable service under a transferring arrangement in respect of which a payment has been received under Regulation 7 of the General Regulations (whether directly or indirectly) but excluding any notional pensionable service granted by such transferring arrangement;

(c) in the case of a person who became a member under Regulation 2(2)(a)(iii), 2(2)(a)(iv) or 2(2)(a)(v), such service as he would have completed under the 1967 Regulations prior to the appointed day if the condition that a person must be able to complete 10 years’ service before normal retiring age had not applied and if part-time employees and persons employed on contract had not been excluded;

“the 1967 Regulations” means the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations, 1967;7

“salary” means the basic salary or wage of a member (disregarding overtime payments and other emoluments of a fluctuating or temporary nature and payments in respect of untaken leave) together with any other regular payment or allowance which has previously been declared by the employer, with the consent of the Committee and after consulting the Actuary, to be pensionable;

“scheme” means the pension scheme established by the 1967 Regulations;

“service” means the period of employment with an employer computed in years and complete days;

“Treasurer” means the Treasurer of the States.

(2) A reference in these Regulations to an enactment is a reference to that enactment as amended by any subsequent enactment.

(3) A reference in these Regulations to a numbered Regulation without further identification is a reference to the Regulation of that number in these Regulations.

(4) A reference in any Regulation or other division of these Regulations to a paragraph, sub-paragraph or clause by number or letter only, and without further identification, is a reference to the paragraph, sub-paragraph or clause of that number or letter in the Regulation or other division in which it occurs.

ELIGIBILITY AND MEMBERSHIP

2.-(1) These Regulations apply to employees who meet the conditions set out in this Regulation and such employees shall be members of the scheme subject to the provisions of these Regulations and the General Regulations.

(2) To qualify under this Regulation an employee who became an employee –

(a) before the appointed day must either –

(i) have participated in the scheme on the day immediately preceding the appointed day; or

(ii) have been eligible to do so but for the fact that he was under the age of 20 years; or

(iii) have been eligible to do so but for the fact he could not complete ten years’ service before normal retiring age under the 1967 Regulations though on entering service he was not within five years of normal retiring age; or

(iv) have been eligible to do so but for the fact that he was a part-time employee and, if applicable, the fact that he was under the age of 20 years or the fact that he could not complete ten years’ service before normal retiring age under the 1967 Regulations though on entering service he was not within five years of normal retiring age; or

(v) have been eligible to do so but for the fact that he was not employed on a permanent basis but was employed on a fixed term contract of at least one year and one day in duration which is, with the consent of the Establishment Committee, expressed to be pensionable and, if applicable, the fact that he was under the age of 20 years or the fact that he could not complete ten years’ service before normal retiring age under the 1967 Regulations though on entering service he was not within five years of normal retiring age;

(b) on or after the appointed day must have attained the age of 20 years and not on entering service have been within five years of normal retiring age.

(3) These Regulations shall only apply to an employee qualified in accordance with paragraph (2)(a)(i) or (2)(a)(ii) if he exercises an option that they shall apply to him, but once made such an option shall be irrevocable.

(4) It shall be compulsory for an employee qualified in accordance with paragraph (2)(a)(iii), (2)(a)(iv) or (2)(a)(v) who has not opted to be a member to whom the 1989 Existing Members Regulations apply, to be a member of the scheme to whom these Regulations apply. Such an employee shall be required to pay contributions as specified in Regulation 3 as from the appointed day but may be allowed to pay by instalments, over such period as the Committee may determine, the amount due for the period which has already elapsed.

(5) If an employee qualified in accordance with paragraph (2)(a)(ii), (2)(a)(iv) or (2)(a)(v) to whom these Regulations apply is under 30 years of age, he shall be a member of the scheme only if he opts to join, but once made such an option shall be irrevocable. Once he has reached the age of 30 years he shall be a member of the scheme.

(6) It shall be compulsory for an employee qualified in accordance with paragraph (2)(b) to be a member of the scheme to whom these Regulations apply, except that –

(a) if he entered service on or before the date of promulgation of these Regulations he may opt instead to be a member to whom the 1989 Existing Members Regulations apply;

(b) whilst he is under 30 years of age, he shall be a member of the scheme only if he opts to join, but once made such an option shall be irrevocable.

An employee who becomes a member of the scheme in accordance with this paragraph shall, if he has not already done so, be required to pay contributions as specified in Regulation 3 as from the day he became a member but may be allowed to pay by instalments, over such period as the Committee may determine, the amount due for the period which has already elapsed.

(7) An employee shall exercise his option on a form to be supplied by the Establishment Committee and (save for an option under paragraph (5) or (6)(b)) such option shall be exercised within three months from the date of promulgation of these Regulations or such later date as specified by the Establishment Committee. Where an employee exercises an option that these Regulations shall apply to him, the 1967 Regulations shall (if appropriate) cease to apply to him. These Regulations shall apply to him with effect from the appointed day or from the day on which the employee entered service if he was not in service on the appointed day.

(8) Where a member is absent from duty (other than by reason of ill-health or injury) with the agreement of the employer, he shall be deemed to remain a member for a period not exceeding two years or such greater period as the Committee may in any case determine:

Provided that –

(i) pensionable service up to and after his period of absence shall be treated as continuous, but the period of absence shall only count as pensionable service if the member continues to contribute (on the basis of the salary he would otherwise have received, as determined by the employer), or on his return to service he pays such arrears of contributions over such period as the Committee shall agree;

(ii) if the period of absence counts under proviso (i), the employer shall continue to contribute to the scheme (on the basis of the member’s salary as determined under proviso (i)) or pay such arrears of contributions on his return to service over the same period as in proviso (i) as appropriate; and

(iii) where a member ceases to be a member during such period of absence (or before his full arrears of contributions have been paid under proviso (i)) the period of absence shall count as pensionable service for the purpose of calculating any benefits payable under the scheme only to the extent determined by the Actuary as appropriate to the contributions that have been paid in respect of such period of absence.

(9) A person who was and who ceased to be a member of the scheme under these Regulations, the 1989 Existing Members Regulations or the 1967 Regulations who again becomes an employee shall, unless he is re-admitted to the scheme under the 1989 Existing Members Regulations, be re-admitted to the scheme under these Regulations in accordance with paragraph (10).

(10)(a) A member re-admitted to the scheme under the provisions of paragraph (9) who is entitled to a deferred pension in respect of his previous period of membership shall if he so requests cease to be entitled to such pension, in which case his pensionable service after the date he is re-admitted shall, subject to the provisions of Regulation 16 of the General Regulations, be treated as continuous with his previous period of pensionable service.

(b) A member re-admitted to the scheme under the provisions of paragraph (9) who received a refund of his contributions to the scheme in respect of his previous period of membership may if he wishes repay to the Treasurer the net sum refunded to him, in which case his pensionable service after the date he is re-admitted shall, subject to the provisions of Regulation 16 of the General Regulations, be treated as continuous with his previous period of pensionable service, subject to such reduction as the Actuary determines to be appropriate having regard to the loss of tax deducted when he received the refund and of investment return.

(c) Save as provided in sub-paragraphs (a) and (b), when a member is re-admitted to the scheme under the provisions of paragraph (9) (including a member in respect of whom a transfer value was paid at the end of his previous period of pensionable service), his pensionable service under these Regulations after the date he is re-admitted shall be treated as entirely separate from his previous period of pensionable service, and any benefits remaining due to him in respect of that previous period of pensionable service shall be unaffected by the fact that he has been re-admitted to the scheme under these Regulations.

(d) In the case of an employee who was a member under the 1967 Regulations or the 1989 Existing Members Regulations, pensionable service under the 1967 Regulations and/or under the 1989 Existing Member Regulations which is treated as continuous under sub-paragraph (a) or (b) shall, subject to these Regulations, entitle him to a pension at the accrual rate of 1/45th or 1/60ths, whichever rate applied to him under the 1967 Regulations or the 1989 Existing Members Regulations.

MEMBER’S CONTRIBUTIONS

3.-(1) A member shall contribute to the scheme an amount equal to five per cent of his salary.

(2) The employer shall, at such regular intervals as the Establishment Committee shall specify, deduct from the salary of each member the amount of the contribution payable by him to the scheme and shall pay such amounts to the Treasurer.

(3) A member may by notice in writing to the Committee elect to pay additional voluntary contributions from such date as may be agreed by the Committee, in order to be entitled to such added years as the Committee on the advice of the Actuary shall decide, on the basis of no actuarial cost to the fund, the payment of additional voluntary contributions being subject to such minimum and maximum amounts as the Committee on the advice of the Actuary may determine, so however that a member may vary the amount of his additional voluntary contributions with the agreement of the Committee.

(4) Without prejudice to his rights under paragraph (3), a person who became a member under Regulation 2(2)(a)(iii) may, within six months from the date of promulgation of these Regulations or such later date as specified by the Establishment Committee, opt to pay additional voluntary contributions in order to be entitled to added years not exceeding the period of service he would have completed under the 1967 Regulations prior to the appointed day if the condition that a person must be able to complete ten years’ service before normal retiring age had not applied. If he so elects his employer shall pay 50 per cent of the contribution necessary. The contributions payable by the member and the employer shall be determined by the Actuary so that their value shall equate to the value of the additional benefits, on the basis that the added years will entitle the member to a pension (subject to these Regulations) at the accrual rate of 1/45th or 1/60ths, whichever rate would have applied to him under the 1967 Regulations.

(5) In the event of a member ceasing to be an employee before normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) added years on account of additional voluntary contributions shall be subject to such reduction as the Actuary shall determine so that the value of the contributions paid by and in respect of the member equates to the value of the additional benefits arising from the reduced added years.

(6) In any case where and for so long as the salary of a member is reduced (other than by reason of ill-health or injury) and in the opinion of the employer 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 the scheme (unless and until such notice is withdrawn by the member) his salary shall be deemed to be an amount equal to that of his salary immediately before such reduction.

(7) Paragraph (1) shall be subject to the provisions of Regulation 2(8) of these Regulations and Regulation 6 of the General Regulations.

EMPLOYER’S CONTRIBUTIONS

4.-(1) Each employer shall pay to the scheme, at such regular intervals as the Establishment Committee shall specify, an amount equal to 15.6 per cent of the salary of each of its employees who is a member.

(2) Each employer shall pay such contributions to the scheme as may be required under Regulation 7 or 16.

(3) The employers’ contributions shall be paid to the Treasurer.

(4) Paragraphs (1) and (2) shall be subject to the provisions of Regulations 2(8) and 3(4) of these Regulations and Regulations 6 and 8 of the General Regulations.

RETIREMENT AT OR AFTER NORMAL RETIRING AGE

5. Subject to Regulation 16 of the General Regulations, on retirement from service at or after normal retiring age a member shall be entitled to receive a pension under the scheme the annual rate of which shall be –

(1) in respect of a category A member or a category B member –

(a) (other than a member referred to in Regulation 2(2)(a)(i)) 1/60th of the member’s average salary for each completed year (and pro rata for completed days) of pensionable service not exceeding 35 years;

(b) referred to in Regulation 2(2)(a)(i) –

(i) 1/45th of his average salary for each completed year (and pro rata for completed days) of pensionable service which relates to participation in the scheme under the 1967 Regulations (excluding in the case of a member of the States of Jersey Port Control Unit, pensionable service before 1st January, 1975) not exceeding 35 years;

and, if his pensionable service under clause (i) is less than 35 years,

(ii) a pension under sub-paragraph (1)(a) in respect of the remainder of his pensionable service:

Provided that such pensionable service shall only count to the extent that the sum of it and pensionable service under clause (i) does not exceed 35 years;

(2) in respect of any other member –

(a) (other than a member referred to in Regulation 2(2)(a)(i)) 1/80th of the member’s average salary for each completed year (and pro rata for completed days) of pensionable service not exceeding 45 years;

(b) referred to in Regulation 2(2)(a)(i) –

(i) 1/60th of his average salary for each completed year (and pro rata for completed days) of pensionable service which relates to participation in the scheme under the 1967 Regulations, not exceeding 45 years;

and, if his pensionable service which counts under (i) is less than 45 years,

(ii) a pension under sub-paragraph (2)(a) in respect of the remainder of his pensionable service:

Provided that such pensionable service shall only count to the extent that the sum of it and pensionable service under clause (i) does not exceed 45 years.

RETIREMENT BEFORE NORMAL RETIRING AGE – NORMAL HEALTH

6.-(1) Subject to paragraph (4), any member who has completed not less than ten years’ pensionable service may retire at any time not more than five years before attaining normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) and receive a pension under the scheme.

(2) Where the Establishment Committee is satisfied that there are reasonable grounds to do so, it may require a member (other than a Crown Officer or Magistrate) who has completed not less than ten years’ pensionable service to retire at any time not more than five years before attaining normal retiring age and such member shall thereupon be entitled to a pension under the scheme:

Provided that the Establishment Committee shall not exercise the power contained in this paragraph except after consultation with the administering committee.

(3) The pension to which a member becomes entitled under paragraph (1) or (2) shall be calculated in accordance with Regulation 5 and be payable to him as from the date of his retirement.

(4) Up to and including 31st December 1997, a female member (other than a category A or category B member) who participated in the scheme under the 1967 Regulations and has completed ten or more years’ pensionable service may with the consent of the employer (or if the employer has published a scale of notice for this purpose, having served such notice) retire within ten years of normal retiring age and be entitled to receive a pension under the scheme calculated in accordance with Regulation 5.

(5) A member (other than a category A or category B member) who has completed not less than five years’ qualifying service and attained the age of 60 years may retire at any time before attaining normal retiring age and receive a pension under the scheme calculated in accordance with Regulation 5 and payable from the date of his retirement.

RETIREMENT BEFORE NORMAL RETIRING AGE – ILL-HEALTH

7.-(1) A member who has completed 5 or more years’ qualifying service before normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) and who, to the satisfaction of the employer, is incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or disability of mind or body, shall (or, in the case of a Crown Officer or Magistrate, may) retire at any time before normal retiring age and be entitled to receive a pension under the scheme:

Provided that the Committee may, after considering medical reports on the member and after consulting the Actuary, call upon the employer to meet such additional costs as the Actuary may determine.

(2) The pension to which a member becomes entitled under paragraph (1) shall be calculated in accordance with Regulation 5 and be payable to him as from the date of his retirement:

Provided that he shall be entitled to the additional pensionable service specified as being relevant in the following table but not so that the sum of his pensionable service and additional pensionable service shall exceed the period of pensionable service which would have applied if he had remained in service until normal retiring age.

TABLE.
(1)	(2)
Pensionable service (excluding added years under Regulation 3)	Additional period
Not exceeding ten years	a period of the same length as (1)
Exceeding ten years but not exceeding 131/3 years	such period as increases the sum of (1) and (2) to 20 years
Exceeding 131/3 years	62/3 years.

(3) The Committee may require a person in receipt of a pension by virtue 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.

(4) If as a result of a medical examination carried out in pursuance of paragraph (3) the Committee is advised that the person is able to perform efficiently duties which are compatible with his former employment and an employer offers him such employment, the person shall cease to receive a pension by virtue of this Regulation as from the date of his re-entering service or three months from the date of the offer of re-employment whichever date is the earlier.

(5) Where a person to whom paragraph (4) refers does re-enter service, his pensionable service up to his period of absence from employment shall be treated as continuous with his pensionable service after he re-enters service.

(6) A person to whom paragraph (4) refers who does not re-enter service shall be entitled to a pension under Regulation 8, calculated as at the date he ceased to be an employee.

DEFERRED PENSION, REFUND OF CONTRIBUTIONS OR TRANSFER VALUE

8.-(1) Where a member who has completed not less than five years’ qualifying service ceases to be an employee (not being entitled to a pension under Regulations 5, 6 or 7) he shall be entitled –

(a) to a deferred pension calculated in accordance with Regulation 5 and payable from the attainment of the age of 60 years or normal retiring age if earlier; or

(b) to a refund of his contributions to the scheme calculated in accordance with paragraph (3); or

(2) Where a member who has completed less than five years’ qualifying service ceases to be an employee, he shall be entitled to a refund of his contributions to the scheme calculated in accordance with paragraph (3) or to request a transfer value payable in accordance with the provisions of Regulation 7 of the General Regulations.

(3) Where a member to whom this Regulation applies chooses to receive a refund of his contributions, he shall be entitled to receive a sum equal to the aggregate amount of his contributions to the scheme together with compound interest thereon calculated to the date of payment at the rate of three per cent per annum with half-yearly rests and in assessing the amount of a member’s contributions to the scheme for this purpose, 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 transferred under the provisions of Regulation 7 of the General Regulations or Regulation 15 of the 1967 Regulations.

(4) Unless a member to whom paragraph (1) applies informs the Treasurer in writing within three months of his ceasing to be an employee that he wishes a transfer value to be paid in respect of him or that he wishes to receive a refund of his own contributions to the scheme, he shall be entitled only to a deferred pension under the provisions of paragraph (1) or, if the Treasurer agrees, a transfer value.

(5) Unless a member to whom paragraph (2) applies informs the Treasurer in writing within three months of his ceasing to be an employee that he wishes a transfer value to be paid in respect of him, he shall be entitled only to a refund of his own contributions to the scheme in accordance with paragraph (3).

DEATH OF MEMBER BEFORE NORMAL RETIRING AGE

9.-(1) On the death of a member before normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) benefits shall only be payable as set out in this Regulation.

(2) In the case of a member who has completed five or more years’ qualifying service benefits shall be payable as set out in paragraphs (3) to (7).

(3) If the member is a male who leaves a widow, a pension shall be payable to the widow, the annual rate of which shall be one-half of the pension which the member would have received if he had continued in service and had retired at normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) his salary from the date of his death to that date having remained unaltered (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) without making an election under Regulation 13 or 14.

(4) If the member is a female, or a male who does not leave a widow, a pension shall be payable to any person who satisfies the Committee that he is a dependant of that member, the annual rate of which shall be –

(a) if there is only one such dependant, a sum equal to a widow’s pension calculated under paragraph (3); or

(b) if there is more than one such dependant, a sum equal to a widow’s pension calculated under paragraph (3) divided into two equal parts, the first part being distributed equally among the dependants, and the second part being paid to such one or more of the dependants and in such proportions as the Committee may decide:

Provided that –

(i) the Committee may vary the allocation of the second part;

(ii) on the death of any such dependant, the amount payable to any other such dependant shall be increased accordingly.

(5) If the member leaves a child, there shall be payable annually to the widow or widower of the member in respect of each child up to a maximum of two, a pension equal to one-half of a widow’s pension calculated under paragraph (3) and, in respect of each child when there are more than two, a pension equal to a widow’s pension calculated under that paragraph divided by the number of children:

Provided that –

(i) when any such child ceases to receive pension the amount payable to any other such child shall be increased accordingly;

(ii) the Committee, if it is satisfied that a child is in the care of or is being maintained by some person or authority other than the widow or widower, may at its absolute discretion pay the pension payable under this paragraph to that other person or authority instead of to the widow or widower.

(6) If no pension is in payment under paragraph (3) or paragraph (4), any pension payable under paragraph (5) shall be doubled.

(7) A lump sum of an amount equal to twice the salary the member was receiving at the date of his death (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) shall be paid to –

(a) the member’s widow or widower, if surviving; and, if not

(b) any child and, if there is more than one, equally between them; and, if none

(d) the member’s estate.

(8) In the case of a member who has not completed five years’ qualifying service, the only benefit shall be a lump sum of an amount equal to two-fifths of the salary the member was receiving at the date of his death (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) for each completed year (and pro rata for completed days) of qualifying service, which shall be paid to –

(a) the member’s widow or widower, if surviving; and, if not

(b) any child and, if there is more than one, equally between them; and, if none

(d) the member’s estate.

DEATH OF MEMBER AFTER NORMAL RETIRING AGE

10.-(1) On the death of a member after normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) and before becoming a pensioner, benefits shall be payable as set out in this Regulation.

(2) If the member is a male who leaves a widow, a pension shall be payable to the widow, the annual rate of which shall be one-half of the pension which the member would have received if he had retired on the day immediately preceding his death (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) without making an election under Regulation 13 or 14.

(3) If the pensioner is a female, or a male who does not leave a widow, a pension shall be payable to any person who satisfies the Committee that he is a dependant of that pensioner, the annual rate of which shall be –

(a) if there is only one such dependant, a sum equal to a widow’s pension calculated under paragraph (2); or

(b) if there is more than one such dependant, a sum equal to a widow’s pension calculated under paragraph (2) divided into two equal parts, the first part being distributed equally among the dependants, and the second part being paid to such one or more of the dependants and in such proportions as the Committee may decide:

Provided that –

(i) the Committee may vary the allocation of the second part;

(ii) on the death of any such dependant, the amount payable to any other such dependant shall be increased accordingly.

(4) A pension shall be payable to a child or children of the same amount in the same circumstances (but ignoring the qualification period) as are set out in Regulation 9(5) and (6), except that references to paragraphs (3) and (4) of that Regulation shall be construed as references to paragraphs (2) and (3) of this Regulation.

(5) A lump sum of an amount equal to twice the salary the member was receiving at the date of his death (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) shall be paid to –

(a) the member’s widow or widower, if surviving; and, if not

(b) any child and, if there is more than one, equally between them; and, if none

(d) the member’s estate.

DEATH OF A PENSIONER

11.-(1) On the death of a pensioner, benefits shall be payable as set out in this Regulation:

Provided that no benefit shall be payable under this Regulation if the marriage relevant to paragraph (2) took place or the dependency contemplated by paragraph (3) or the relationship giving rise to the entitlement contemplated by paragraph (4) commenced after the member reached normal retiring age, as to which the opinion of the Committee shall be final.

(2) Where a male pensioner leaves a widow, a pension shall be payable to the widow, the annual rate of which shall be –

(a) in respect of a pensioner in receipt of a pension by virtue of Regulations 5, 6 or Regulation 8, one-half of the pension which he would have been receiving if he had not exchanged any pension for a lump sum or surrendered any pension under Regulation 13 or 14;

(b) in respect of a pensioner in receipt of a pension by virtue of Regulation 7, one-half of the pension which the pensioner would have been receiving if he had continued in service and had retired at normal retiring age (which in the case of a Crown Officer or Magistrate shall mean age 65 years) his salary from the date of his actual retirement to that date having remained unaltered (subject to proviso (ii) to the definition of “average salary”, which shall be deemed to apply) without making an election under Regulation 13 or 14, that amount being further increased by the proportion that the pensioner’s pension as increased under Regulation 10 of the General Regulations bears to the pension he was receiving before such increases.

(a) if there is only one such dependant, a sum equal to a widow’s pension calculated under paragraph (2); and

Provided that –

(i) the Committee may vary the allocation of the second part;

(ii) on the death of any such dependant, the amount payable to any other such dependant shall be increased accordingly.

(4) A pension shall be payable to a child or children of the same amount and in the same circumstances (but ignoring the qualification period) as are set out in Regulation 9(5) and (6), except that references to paragraphs (3) and (4) of that Regulation shall be construed as references to paragraphs (2) and (3) of this Regulation.

DEATH OF A DEFERRED PENSIONER

12.-(1) On the death of a deferred pensioner, benefits shall be payable as set out in this Regulation.

(2) Where a male deferred pensioner leaves a widow, a pension shall be payable to the widow the annual rate of which shall be one-half of the deferred pension to which the deferred pensioner was entitled including only the increases made under Regulation 10 of the General Regulations to the date of his death and such pension shall be increased subject to the provisions of Regulation 10 of the General Regulations.

(3) If the deferred pensioner is a female, or a male who does not leave a widow, a pension shall be payable to any person who satisfies the Committee that he is a dependant of that deferred pensioner, the annual rate of which shall be –

(a) if there is only one such dependant, a sum equal to a widow’s pension calculated under paragraph (2); and

Provided that –

(i) the Committee may vary the allocation of the second part;

(ii) on the death of any such dependant, the amount payable to any other such dependant shall be increased accordingly.

(4) A pension shall be payable to a child or children of the same amount and in the same circumstances as are set out in Regulation 9(5) and (6), except that references to paragraphs (3) and (4) of that Regulation shall be construed as references to paragraphs (2) and (3) of this Regulation.

COMMUTATION OF PENSION

13. A member or deferred pensioner entitled to a pension under the scheme may within the six months before his pension becomes payable elect to exchange up to a maximum of one-quarter of the amount of his pension for a lump sum payment, in which case when the pension becomes payable for each one pound of the pension exchanged the sum of nine pounds shall be paid.

ALLOCATION

14. A member or deferred pensioner entitled to a pension under the scheme may, with the consent of the Committee, within six months before his pension becomes payable, elect to surrender part of his pension in exchange for a pension to be paid on his death to a dependant nominated by him should that dependant survive him; and the terms on which a pension shall become payable to a nominated dependant, and the appropriate adjustment in the amount and terms applicable to any benefit which may thereafter become payable in respect of the member or deferred pensioner, shall be determined by the Actuary on the basis of no actuarial cost to the fund:

Provided that –

(a) the amount of pension payable to a nominated dependant when added to any pension contingently payable under Regulation 11(2) or (3), shall not exceed the amount of pension to which the member or deferred pensioner is entitled after such surrender before exchanging any pension for a lump sum under Regulation 13;

(b) the member or deferred pensioner may be required to provide evidence of his health satisfactory to the Committee;

(d) the election shall take effect only on survival of both the nominated dependant and the member or deferred pensioner to the date on which the member’s or deferred pensioner’s reduced pension becomes payable.

TRIVIAL PENSIONS

15.-(1) The Committee may in its absolute discretion commute for a lump sum payment (determined by the Committee acting on the advice of the Actuary) any pension which, when it becomes payable to a person, is a Trivial Pension and, if the Committee so decides, any Trivial Pension contingently payable on the death of such person, and pay the lump sum to such person and after any such commutation each person entitled or contingently entitled to a pension which has been commuted, shall have no further claim on the scheme.

(2) For the purpose of this Regulation, a “Trivial Pension” is a pension which does not exceed £104 a year or such greater amount as specified by the Comptroller of Income Tax.

AUGMENTATION

16.-(1) The Committee shall at the request of the employer award added years in respect of an employee:

Provided that –

(a) the employer agrees to pay such additional contributions to the scheme as the Committee shall determine on the advice of the Actuary; and

(b) not more than 12 months has elapsed since the employee was admitted or re-admitted to the scheme.

(2) If this would produce a better result for him, a Crown Officer shall on his appointment be entitled to added years such that his pensionable service commences –

(a) if he was under 45 years of age at the date of his first appointment as a Crown Officer, on the earlier of the date on which he attained the age of 25 years or the date ten years prior to that appointment, save that if the date thus determined is prior to the date on which he acquired the qualification of advocate or solicitor, then he shall be entitled to added years such that his pensionable service commences on the date on which he acquired that qualification;

(b) if he was 45 years of age or more at the date of his first appointment as a Crown Officer, on a date specified by the Establishment Committee, which date shall not be prior to the date on which he acquired the qualification of advocate or solicitor:

Provided that the States shall pay such additional contribution to the scheme as the Actuary advises is required as a result of the operation of this paragraph.

BANKRUPTCY AND NON-ASSIGNMENT OF BENEFITS

17. If a member becomes bankrupt or does or attempts to do any act or thing not permitted by these Regulations whereby he during his lifetime, or his personal representatives after his death, shall be divested of his interest or any part thereof in the benefits of the scheme, then all rights and benefits defined by these Regulations in respect of such member shall vest in the Committee and all amounts which would otherwise be due to the member shall be applied for the benefit of the member and his dependants:

Provided that no such payment by the Committee shall be made directly or indirectly to or for the benefit of any assignee.

PART-TIME EMPLOYEES

18. In the case of a member who is or has at any time been a part-time employee, average salary and pensionable service shall be determined by the Actuary after consulting the employer having regard to, inter alia, the contributions paid by and in respect of the member, the salary paid to the member whilst a part-time employee and the proportion of full-time hours worked by the member, notwithstanding the other provisions of these Regulations and such other Regulations governing the scheme as are applicable to the member.

CITATION AND COMMENCEMENT

19. These Regulations may be cited as the Public Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations, 1989, and shall be deemed to have come into force on the first day of January, 1988.

E.J.M. POTTER

Greffier of the States.

1 Recueil des Lois, Volume 1966–1967, page 528.

2 Recueil des Lois, Volume 1988–19 , pages 25 and 26.

3 Recueil des Lois, Volume 1970–1972, page 413, and Volume 1973–1974, page 409.

4 No. 7954.

5 No. 7956.

6 Recueil des Lois, Volume 1966–1967, page 527, Volume 1973–1974, page 3, Volume 1986–1987, page 239, and Volume 1988–19 , pages 25 and 26.

7 Nos. 5010, 7225, 7679, 7725 and 7848.

Page Last Updated: 18 Jan 2016

Jersey Legal Information Board

Promoting access to justice in Jersey

Search this site

Public Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989