Teachers’ Superannuation (Refund of Contributions, Deferred Pensions and Transfer Value Payments) (Miscellaneous Amendments) (Jersey) Order 2018

Made                                                                      26th January 2018

Coming into force                                                  2nd February 2018

THE CHIEF MINISTER, in pursuance of Articles 2 and 7 of the Teachers’ Superannuation (Jersey) Law 1979[1], orders as follows –

Part 1

AMENDMENTS TO THE TEACHERS’ SUPERANNUATION (EXISTING MEMBERS) (JERSEY) ORDER 1986

1        Interpretation

In this Part “Existing Members Order” means the Teachers’ Superannuation (Existing Members) (Jersey) Order 1986[2].

2        Cross heading in Part 2 substituted

In Part 2, after the cross heading entitled “Section D” and immediately before Article 44 of the Existing Members Order, for the cross heading, there is substituted the following cross heading –

“Entitlement to refund of contributions, deferred pension or transfer value payment”.

3        Article 44 amended

For Article 44(1) of the Existing Members Order there is substituted the following paragraph –

“(1)    This Article applies to a teacher who –

(a)     ceases to be employed in reckonable service;

(b)     has completed less than 5 years reckonable service; and

(c)     has not, under Article 50, applied to receive –

(i)      payment of a deferred pension to which he or she is entitled under Article 44A, or

(ii)      a transfer value payment to which he or she is entitled under Article 44B.”.

4        Articles 44A and 44B inserted

After Article 44 of the Existing Members Order there are inserted the following Articles –

“44A Entitlement to deferred pension

(1)     This Article applies to a teacher who ceases to be employed in reckonable service and who has not, under Article 50, applied to receive –

(a)     a refund of the contributions to which he or she is entitled under Article 44; or

(b)     a transfer value payment to which he or she is entitled under Article 44B.

(2)     A teacher to whom this Article applies shall, upon attaining the age of 60, be entitled to the payment of a deferred pension calculated in accordance with Article 52.

44B   Entitlement to transfer value payment

(1)     This Article applies to a teacher who ceases to be employed in reckonable service and who has not, under Article 50, applied to receive –

(a)     a refund of the contributions to which he or she is entitled under Article 44; or

(b)     payment of a deferred pension to which he or she is entitled under Article 44A.

(2)     A teacher to whom this Article applies shall be entitled to a transfer value payment, paid in accordance with, and subject to the requirements of, Article 21 of the Administration Order.”.

part 2

amendments to the teachers’ superannuation (New members) (jersey) Order 2007

5        Interpretation

In this Part “New Members Order” means the Teachers’ Superannuation (New Members) (Jersey) Order 2007[3].

6        Cross heading in Part 4 substituted

In Part 4, immediately before Article 20 of the New Members Order, for the cross heading, there is substituted the following cross heading –

“Entitlement to deferred pension, transfer value payment or refund of contributions”.

7        Article 20 amended

For Article 20(1) of the New Members Order there is substituted the following paragraph –

“(1)    Subject to paragraph (2), a member who ceases to be an employee shall be entitled to a deferred pension calculated in accordance with Article 15 which, unless paragraph (3) applies, is payable from the date the member attains normal retiring age.”.

8        Article 21 amended

For Article 21(1) of the New Members Order there is substituted the following paragraph –

“(1)    Subject to paragraph (3), a member who ceases to be an employee shall be entitled to a transfer value, paid in accordance with, and subject to the requirements of, Article 21 of the Administration Order.”.

9        Article 22 amended

In Article 22(A1) of the New Members Order there are deleted the words “and who is not entitled to a pension under Article 15, 16 or 17,”.

Part 3

closing

10      Citation and commencement

This Order may be cited as the Teachers’ Superannuation (Refund of Contributions, Deferred Pensions and Transfer Value Payments) (Miscellaneous Amendments) (Jersey) Order 2018 and shall come into force 7 days after the day it is made.

SENATOR I.J. GORST

Chief Minister

 


 



[1]                                    chapter 16.850

[2]                                    chapter 16.850.60

[3]                                    chapter 16.850.70


Page Last Updated: 05 Apr 2018