Jersey R & O 8447
Public Employees (Retirement) (Jersey) Law 1967
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PUBLIC EMPLOYEES (CONTRIBUTORY RETIREMENT SCHEME) (AMENDMENT No.
12) (JERSEY) REGULATIONS 1992
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(Promulgated on the 30th day of September 1992)
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STATES OF JERSEY
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The 29th day of
September 1992
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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. In
paragraph (1) of Regulation 1 of the Public Employees (Contributory Retirement
Scheme) (Jersey) Regulations 1967, as
amended (hereinafter referred to as “the principal
Regulations”), for the definition of “service” there shall be
substituted the following definition –
“ ‘service’ means service as a contributory
member as determined under Regulations 3, 4, 17, 18(1)(g), 18A and 19 of these
Regulations and Regulations 7(1)(b) and 16 of the General Regulations;”.
2. After
Regulation 1 of the principal Regulations there shall be inserted the following
Regulation –
“APPLICATION”
1A. These
Regulations shall apply 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,
but shall not apply to persons who are re-employed by the States
after the 1988 appointed day (except in circumstances which apply under
Regulation 6(5) of these Regulations where the re-employment takes place within
three months of the date of offer of re-employment) in respect of service after
the date of such re-employment.”.
3. In
paragraph (1) of Regulation 3 of the principal Regulations –
(a) for
the words “All persons” there shall be substituted the words
“Subject to the provisions of Regulation 1A of these Regulations, all
persons”;
(b) the
proviso shall be deleted.
4. In
Regulation 6 of the principal Regulations –
(a) in
paragraph (2) for all the words before the proviso there shall be substituted
the following words –
“The annual rate of retirement pension shall be calculated as
the difference between –
(a) 1/60th
of the contributory member’s average salary for each year of service
(calculated in completed years plus one-twelfth of a year for each completed
month in the final part-year up to the date of leaving service, or the date of
attaining normal retiring age if earlier, plus any completed years of service
between the date of attaining normal retiring age and the date of leaving
service if later), subject to a maximum of 45 years of service; and
(b) 1/40th
of the abatement figure for each year of service (calculated in completed years
plus one-twelfth of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 40 years of service:”;
(b) at
the end of paragraph (5) there shall be added the words –
“If the person has not re-entered the service of the States
within three months from the date of the offer of re-employment, he shall be
entitled to benefits under these Regulations on the basis that he had left the
service of the States without being entitled to a retirement pension under the
said sub-paragraph (c).”;
(c) in
paragraph (6) for the words “Insular Insurance (Jersey) Law 1950”
there shall be substituted the words “Social Security (Jersey) Law
1974”.
5. In
paragraph (2) of Regulation 7 of the principal Regulations –
(a) after
clause (ii) of sub-paragraph (aa) there shall be inserted the following clause
–
“(iii) where the
member had been receiving a retirement pension by virtue of paragraph (3) 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, 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:
Provided that if the member had died before attaining normal
retiring age, the annual rate of widow’s pension payable after the date
on which the member would have attained normal retiring age shall be
recalculated as if the member had always been entitled to receive an old age
pension under the Social Security (Jersey) Law 1974;”;
(b) at
the end of the paragraph there shall be added the following words –
“In each of these cases, except for widows under clause (iii)
of sub-paragraph (aa) of this paragraph, for the purpose of calculating the
annual rate of a widow’s pension, the member shall be treated as if he
had become entitled to receive an old age pension under the Social Security
(Jersey) Law 1974 when calculating the amount of retirement pension which the
member was receiving by virtue of paragraph (2) of Regulation 6 of those
Regulations.”.
6. At
the end of Regulation 10 of the principal Regulations there shall be added the
words “unless such contributory member requests instead the benefit
payable under Regulation 11 of these Regulations or the transfer value payable
under Regulation 7 of the General Regulations.”.
7. For
Regulation 17 of the principal Regulations there shall be substituted the
following Regulation –
“AUGMENTATION
17. The
Committee may pay an additional contribution to the scheme to obtain added
years of service for any contributory member, the amount of such additional
contribution being determined by the Committee of Management on the advice of
the Actuary.”.
8. For
sub-paragraph (b) of Regulation 17A of the principal Regulations there shall be
substituted the following sub-paragraph –
“(b) the
annual rate of retirement pension shall be calculated as the difference between
–
(i) 1/45th
of the officer’s average salary for each year of service (calculated in
completed years plus one-twelfth of a year for each completed month in the
final part-year up to the date of leaving service, or the date of attaining
normal retiring age if earlier, plus any completed years of service between the
date of attaining normal retiring age and the date of leaving service if
later), subject to a maximum of 35 years of service; and
(ii) 1/35th
of the abatement figure for each year of service (calculated in completed years
plus one-twelfth of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service,
and paragraph (2) of Regulation 6 shall be construed
accordingly;”;
9. In
Regulation 18 of the principal Regulations –
(a) in
paragraph (1) for sub-paragraph (c) there shall be substituted the following
sub-paragraph –
“(c) the
annual rate of retirement pension shall be calculated as the difference between
–
(i) 1/45th
of the member’s average salary for each year of service (calculated in
completed years plus one-twelfth of a year for each completed month in the
final part-year up to the date of leaving service, or the date of attaining
normal retiring age if earlier, plus any completed years of service between the
date of attaining normal retiring age and the date of leaving service if
later), subject to a maximum of 35 years of service; and
(ii) 1/35th
of the abatement figure for each year of service (calculated in completed years
plus one-twelfth of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service,
and paragraph (2) of Regulation 6 shall be construed
accordingly;”;
(b) in
paragraph (2) for sub-paragraph (c) there shall be substituted the following
sub-paragraph –
“(c) the
annual rate of retirement pension shall be calculated as the difference between
–
(i) 1/45th
of his average salary for each year of service (calculated in completed years
plus one-twelfth of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service; and
(ii) 1/35th
of the abatement figure for each year of service (calculated in completed years
plus one-twelfth of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service, and paragraph (2) of Regulation 6 shall be
construed accordingly;”;
10. These
Regulations may be cited as the Public Employees (Contributory Retirement
Scheme) (Amendment No. 12) (Jersey) Regulations 1992 and shall be deemed to
have come into force on the first day of January 1990.
G.H.C. COPPOCK
Greffier of the States.