Jersey R & O 7957
Public Employees (Retirement) (Jersey) Law 1967
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PUBLIC EMPLOYEES (CONTRIBUTORY RETIREMENT SCHEME) (AMENDMENT No.
11) (JERSEY) REGULATIONS 1989
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(Promulgated on the 30th day of August 1989)
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STATES OF JERSEY
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The 29th day of
August 1989
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THE STATES, in pursuance of Article 2 of
the Public Employees (Retirement) (Jersey) Law 1967, as
amended, have made the following Regulations –
1. For
paragraph (1) of Regulation 1 of the Public Employees (Contributory Retirement
Scheme) (Jersey) Regulations 1967, as
amended, (hereinafter referred to as “the principal
Regulations”) there shall be substituted the following paragraph –
“(1) In
these Regulations, unless the context otherwise requires –
‘1988 appointed day’ means the first day of January
1988;
‘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 reasons 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 1972;
‘civil servant’ means a person in the employ of the
States whose duties are wholly or mainly administrative, professional,
technical or clerical;
‘Committee of Management’ means the Committee of
Management established in accordance with Regulation 3 of the General
Regulations;
‘contributory member’ has the meaning assigned thereto
by Regulation 3 of these Regulations;
‘1989 Existing Members Regulations’ means the Public
Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations
1989;
‘General Regulations’ means the Public Employees
(Contributory Retirement Scheme) (General) (Jersey) Regulations 1989;
‘the Law means the Public Employees (Retirement) (Jersey) Law
1967, as amended;
‘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
Telecommunications Board;
‘1989 New Members’ Regulations’ means the Public
Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations
1989;
‘normal retiring age’ means sixty-five years in the
case of a male and sixty years in the case of a female;
‘pension’ means a pension payable by virtue of
Regulations 6, 7 or 10 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 established by
these Regulations which shall from the 1988 appointed day be governed in
accordance with Regulation 2 of the General Regulations;
‘service’ means service as a contributory member;
‘transitional pensioner’ means a person who made or is
deemed to have made an election pursuant to the Transitional Regulations;
‘Transitional Regulations’ means the Public Employees
(Contributory Retirement Scheme) (Transitional Provisions) (Jersey) Regulations
1987.”
2. At
the end of paragraph (1) of Regulation 3 of the principal Regulations, there
shall be added the following proviso –
“Provided that these Regulations shall apply only to –
(a) persons
who left the employ of the States before the 1988 appointed day, in respect of
service before that day;
(b) persons
employed by the States on the 1988 appointed day who either –
(i) participated
in the scheme on the day immediately preceding the 1988 appointed day; or
(ii) were
eligible to do so but for the fact that they were under the age of 20 years;
and who have not exercised an option that the 1989 Existing
Members’ Regulations or the 1989 New Members’ Regulations shall
apply to them.”
3. In
Regulation 5 of the principal Regulations –
(a) for
paragraph (2) there shall be substituted the following paragraph –
“(2) Subject
to the provisions of Regulation 6 of the General Regulations, the States shall
from the 1988 appointed day contribute annually to the scheme an amount equal
to 15.6 per cent of the salary of each contributory member.”
(b) paragraph
(3) shall be repealed.
4. In
Regulation 6 of the principal Regulations –
(a) in
proviso (ii) to paragraph (2) for the words “the abatement figure”
there shall be substituted the words “Social Security old age
pension”;
(b) in
paragraph (4) for the words “the Committee”, wherever they occur,
there shall be substituted the words “the Committee of Management”;
(c) in
paragraph (5) for the words “the Committee”, in the first place
where they occur, there shall be substituted the words “the Committee of
Management”.
5. Paragraph
(2) of Regulation 7 of the principal Regulations shall in respect of a
contributory member who dies on or after the 1988 appointed day be amended as
follows –
(a) at
the end of clause (i) of sub-paragraph (aa) there shall be added the words
“, as increased by any subsequent Act of the States or under Regulation
19A of these Regulations during the period from the date of retirement to the
date of his death”;
(b) at
the end of clause (ii) of sub-paragraph (aa) there shall be added the words
“, that amount being further increased by the proportion that (A) the
member’s retirement pension as increased by any subsequent Act of the
States or under Regulation 19A of these Regulations during the period from the
date of retirement to the date of death bears to (B) the member’s
retirement pension before such increases”;
(c) at
the end of sub-paragraph (b) there shall be added the words “, increased
during the period from the date of leaving to the date of his death as if the
member had retired on the day of leaving and received such retirement pension
from that date.”
6. In
Regulation 8 of the principal Regulations for the words “the
Committee”, wherever they occur, there shall be substituted the words
“the Committee of Management”.
7. In
Regulation 11 of the principal Regulations –
(a) in
paragraph (4) for the words “Regulation 14 of these Regulations”
there shall be substituted the words “Regulation 7(2) of the General
Regulations”;
(b) in
paragraph (6) for all the words after “paid by that member to” to
the end of that paragraph, there shall be substituted the words “any
transferring arrangement (within the meaning of paragraph (1) of Regulation 7
of the General Regulations) of which he was previously a member and which have
been transferred into the scheme.”
8. Regulations
14 and 15 of the principal Regulations are repealed.
9. At
the end of Regulation 17 of the principal Regulations there shall be added the
following proviso –
“Provided that no determination shall be made under this
Regulation after the thirty-first day of December 1988.”
10. Regulation
18 of the principal Regulations shall be amended as follows –
(1) in
paragraph (1) –
(a) at
the beginning for the words from “Subject to” to “the
following modifications” there shall be substituted the words “In
their application to members of the States of Jersey Police Force, the States
of Jersey Fire Service and the States of Jersey Prison Service and, in relation
to contributory members who retire on or after the 1988 appointed day, the
States of Jersey Port Control Unit and the States of Jersey Airport Fire
Service, these Regulations shall have effect subject to the provisions of
paragraph (2) of this Regulation and the following modifications”;
(b) in
sub-paragraph (d) for the words “or the Prison Board” there shall
be substituted the words “,the Prison Board or the Harbours and Airport
Committee”;
(c) after
sub-paragraph (f) there shall be added the following sub-paragraph –
“(g) in
the case of a member of the States of Jersey Port Control Unit, service before
1st January 1975 shall instead entitle him to a pension calculated in
accordance with paragraph (2) of Regulation 6 of these Regulations:
Provided that service
before 1st January 1975 shall only count to the extent that the sum of such
service and service after 1st January 1975 does not exceed 35 years.”
(2) In
paragraph (2) –
(a) at
the beginning for the words “The provisions” to “the
following modifications” there shall be substituted the words “In
their application to the Chief Officer of the States of Jersey Police Force,
the Chief Fire Officer or the Prison Governor or, in relation to a contributory
member who retires on or after the 1988 appointed day, a Chief Officer of the
Prison Service, the Chief Airport Fire Service Officer or the Deputy Chief
Airport Fire Service Officer, as the case may be, these Regulations shall have
effect subject to the following modifications”;
(b) in
the proviso to sub-paragraph (a), and in sub-paragraph (d), for the words
“or, as the case may be, the Prison Board,” there shall be
substituted the words “, the Prison Board or the Harbours and Airport
Committee, as the case may be,”.
11. At
the beginning of Regulation 18A of the principal Regulations, for the words
from “As from” to “the following modifications” there
shall be substituted the words “In their application to the Bailiff,
Deputy Bailiff, Attorney General, Solicitor General, Greffier of the States,
Viscount, Judicial Greffier, Magistrate, Assistant Magistrate, Deputy Greffier
of the States, Deputy Viscount and Deputy Judicial Greffier, these Regulations
shall have effect subject to the following modifications”.
12. For
Regulation 19A of the principal Regulations there shall be substituted the
following Regulation –
“INCREASE IN AMOUNT OF PENSIONS
19A. From the next
pension payment date after the 1988 appointed day, increases in respect of
changes in the Jersey Cost of Living Index made to pensions in0 payment from
the scheme and to deferred pensions prospectively payable from the scheme shall
be payable out of the fund. Such pensions in payment and deferred pensions as
increased shall thereafter be reviewed in accordance with Regulation 10 of the
General Regulations, subject to paragraph (3) of Regulation 6 thereof.”.
13. After
Regulation 19A of the principal Regulations there shall be inserted the
following Regulations –
“TRANSITIONAL PENSIONERS
19B.-(1) In respect of a transitional pensioner
(or any person to whom benefits are payable by virtue of the transitional
pensioner’s membership of the scheme) the benefits to which he will be
entitled under the scheme shall be payable in accordance with these Regulations
subject to the provisions of the Transitional Regulations.
(2) For
the purpose of this Regulation –
(a) the
Transitional Regulations shall have effect as if on the day they came into
force they had amended these Regulations (as in effect on that day) by removing
the deduction from benefits in respect of the abatement figure in relation to
any member to whom the Transitional Regulations apply;
(b) any
calculation made under Regulation 7 shall disregard any reduction of pension
resulting from commutation under paragraph (3) of Regulation 8 of the
Transitional Regulations and shall be based on the pension which would have
been payable to the member if there had been no such commutation.
REGULATIONS GOVERNING MEMBERSHIP
19C. The position in
respect of contributions, benefits and all other matters shall, in respect of
each contributory member’s period of membership of the scheme while a
contributory member to whom these Regulations apply, be determined by reference
to the General Regulations and to these Regulations.”
14. These
Regulations may be cited as the Public Employees (Contributory Retirement
Scheme) (Amendment No. 11) (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.