Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 2017

Made                                                                   30th November 2017

Coming into force                                                  7th December 2017

THE STATES, in pursuance of Article 2 of the Public Employees (Retirement) (Jersey) Law 1967[1] and Article 2 of, and the Schedule to, the Public Employees (Pensions) (Jersey) Law 2014[2], have made the following Regulations –

1        Regulation 8 of the Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations 1989 amended

In Regulation 8 of the Public Employees (Contributory Retirement Scheme) (Existing Members) (Jersey) Regulations 1989[3] –

(a)     for paragraph (1) there is substituted the following paragraph –

“(1)    Where a member ceases to be an employee, he or she 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;

(b)     to apply for a transfer payment out of the fund under Regulation 22 of the Administration Regulations; or

(c)     only if he or she has completed less than 5 years’ qualifying service, to a refund of his or her contributions calculated in accordance with paragraph (3).”;

(b)     paragraph (2) is deleted;

(c)     in paragraph (3), for the words “a member to whom paragraph (2) applies” there are substituted the words “a member to whom paragraph (1)(c) applies”.

2        Regulation 8 of the Public Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992 amended

In Regulation 8 of the Public Employees (Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992[4] –

(a)     in paragraph (1), for the words commencing with “Where a member who has completed not less than 10 years’ qualifying service” and ending with the words “the member” there are substituted the words “Where a member ceases to be an employee, he or she”;

(b)     paragraph (2) is deleted.

3        Public Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967 amended

(1)     For Regulation 11 of the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967[5] there is substituted the following Regulation –

“11    Deferred pension or transfer payment

Where a contributory member ceases to hold employment with the States, he or she shall be entitled –

(a)     to a deferred retirement pension payable on his or her attaining normal retiring age calculated in accordance with Regulation 7(2); or

(b)     to apply for a transfer payment out of the fund under Regulation 22 of the Administration Regulations.”.

(2)     Regulations 17(c), 18(c), 19(c), 20(1)(e) and (2)(e), and 20A(e) of the Public Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967 are deleted.

4        Regulation 8 of the Public Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989 amended

In Regulation 8 of the Public Employees (Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989[6] –

(a)     for paragraph (1) there is substituted the following paragraph –

“(1)    This Regulation applies to a member who ceases to be an employee.”;

(b)     in paragraph (1A), for the words “member to whom paragraph (1) applies” there are substituted the words “member to whom this Regulation applies”;

(c)     in paragraph (1A)(a)(ii), for the words “years; or” there is substituted the word “years;”;

(d)     in paragraph (1A)(b), for the word “Regulations.” there are substituted the words “Regulations; or”;

(e)     after paragraph (1A)(b) there is added the following sub-paragraph –

“(c)    only if he or she has completed less than 5 years’ qualifying service, to a refund of his or her contributions calculated in accordance with paragraph (3).”;

(f)      in paragraph (3), for the words “a member to whom paragraph (2) applies” there are substituted the words “a member to whom paragraph (1A)(c) applies”;

(g)     paragraphs (2) and (7) are deleted.

5        Regulation 19 of the Public Employees (Pension Scheme) (Membership and Benefits) (Jersey) Regulations 2015 amended

In Regulation 19 of the Public Employees (Pension Scheme) (Membership and Benefits) (Jersey) Regulations 2015[7] –

(a)     for paragraph (1) there is substituted the following paragraph –

“(1)    This paragraph applies to an active member who leaves Scheme employment having completed less than 5 years pensionable service including any earlier aggregated periods of service recorded within that member’s active member pension record.”;

(b)     for paragraph (2)(a) there is substituted the following sub-paragraph –

“(a)    to a deferred pension once that member becomes so eligible under Regulation 29(5) or (6);”;

(c)     for paragraph (4) there is substituted the following paragraph –

“(4)    This paragraph applies to an active member who leaves Scheme employment having completed at least 5 years pensionable service including any earlier aggregated periods of service recorded within that member’s active member pension record.”.

6        Citation and commencement

These Regulations may be cited as the Public Employees (Pensions) (Deferred Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments) (Jersey) Regulations 2017 and shall come into force 7 days after the day they are made.

l.-m. hart

Deputy Greffier of the States

 


 



[1]                                    chapter 16.650

[2]                                    chapter 16.640

[3]                                    chapter 16.650.12

[4]                                    chapter 16.650.24

[5]                                    chapter 16.650.48

[6]                                    chapter 16.650.60

[7]                                    chapter 16.640.30


Page Last Updated: 01 Dec 2017