Public Employees
(Retirement) (Jersey) Law 1967[1]
A LAW to make provision for the
retirement of, and for the payment of pensions and other benefits to or in
respect of, certain employees and for matters connected therewith
Commencement
[see
endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“appointed day” means such day or days as the States may
by Act appoint for the coming into force of the Public Employees (Pensions)
(Jersey) Law 2014, or a provision of it; and
“Committee of Management” means the Committee of
Management established to manage the scheme by Regulations made under Article 2(1);
“fund” means the pension fund established by Regulations
made under Article 2(1);
“Minister” means the Chief Minister;
“scheme” means the scheme established by Regulations
made under Article 2(1);
“States Employment Board” means the States Employment
Board established by the Employment of States of
Jersey Employees (Jersey) Law 2005.[2]
(2) For the purposes of
this Law the following are to be taken to be employed by the States Employment
Board, namely –
(a) officers
referred to in Article 1(1)(a) to (d) of the Departments of the Judiciary and the Legislature (Jersey)
Law 1965, and
(aa) the holder
of the office of Information Commissioner (within the meaning of Article 5
of the Data Protection Authority
(Jersey) Law 2018);
(ab) the
Greffier of the States and Deputy Greffier of the States (within the meaning of
Article 41 of the States of Jersey Law 2005);
(b) the
Magistrate and Assistant Magistrate;
(ba) police
officers in the States of Jersey Police Force;
(c) the
Master of the Royal Court;
(d) a
“délégué” as defined by Article 1(2) of the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté surveillée (a probation officer).[3]
2 States
to establish pension scheme[4]
(1) The States shall by Regulations
establish a scheme to provide for the payment of pensions and other benefits to
persons who retire from employment with the States, their widows, widowers or
civil partners, children and dependants.[5]
(2) The
Regulations –
(a) shall
establish a pension fund;
(b) shall
prescribe the terms and conditions on which a person is admitted to the scheme
as a contributory member;
(c) shall
provide for the contributions to be made to the fund by the States and by
contributory members;
(d) shall
provide for the pensions and other benefits contributory members of the scheme,
their widow, widowers or civil partners, children and dependents are to receive
under the scheme;
(e) shall
make proper provision for persons who cease to be contributory members of the
scheme before they become entitled to receive a pension or other benefit under
the scheme;
(f) shall
provide for the setting up of a Committee of Management to manage the scheme;
(g)
(h) may
make different provisions for different classes of contributory members;
(i) [6]
(3) [7]
(4) [8]
(5) [9]
(6) [10]
3 Management
of fund and scheme[11]
(1) The fund and the scheme
established by the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967 pursuant to the powers
conferred under Article 2, shall on the appointed day, be managed in accordance
with Regulations made under Article 2 of the Public Employees (Pensions)
(Jersey) Law 2014.
(2) Nothing in this Article
shall be taken to affect anything done by the Committee of Management or the
Minister under Regulations made under Article 2, in respect of the
management of the fund and the scheme immediately before the appointed day.
4 Power
to extend application of scheme[12]
(1) The States may make
Regulations empowering the Minister, on the application of an employer who
satisfies the Minister that it is appropriate to do so, to admit –
(a) the
employer; and
(b) persons
in the employment of that employer,
to participate in the scheme.
(2) The Regulations may –
(a) specify
terms and conditions on which the employer and the employees respectively may
participate in the scheme, or specify any other manner in which such terms and
conditions shall be determined; and
(b) impose
additional obligations on any person as may be specified, or specify any other
manner in which such additional obligations shall be imposed on any such
person.[13]
(3) In specifying a manner
in which terms and conditions shall be determined or additional obligations
shall be imposed, the Regulations may refer to and adopt terms that are set out
in a document other than the Regulations.
(4) [14]
(5) For the purposes of
this Article, it is immaterial whether at the time when the Regulations are
made an additional obligation to which this Article refers already exists
otherwise than under or by virtue of this Law.
5 Citation
This Law may be cited as the Public Employees (Retirement) (Jersey)
Law 1967.
[1] This
Law has been amended by the States of Jersey (Amendments and Construction
Provisions No. 1) (Jersey) Regulations 2005 and the States of Jersey
(Amendments and Construction Provisions No. 12) (Jersey) Regulations 2005. The
amendments replace all references to a Committee of the States of Jersey with a
reference to a Minister of the States of Jersey, and remove and add defined
terms appropriately, consequentially upon the move from a committee system of
government to a ministerial system of government.
This Law has been amended by the Employment of
States of Jersey Employees (Consequential, Amendment, Repeal, Transitional and
Savings Provisions) (Jersey) Regulations 2005. The amendments are consequential
upon the repeal of the Civil Service (Administration) (Jersey) 1948 and its
replacement by the Employment of States of Jersey Employees (Jersey) Law 2005.
[2] Article 1(1) amended
by L.18/2014
[3] Article 1(2) amended
by L.8/2014 (see note in table of legislation history as to effective dates of
amendments), L.37/2012, L.4/2018
[4] Article 2 substituted
by Article 3(2) of L.4/2005
[5] Article 2(1) amended
by R&O.47/2012
[6] Article 2(2) amended
by R&O.47/2012, L.18/2014
[7] Article 2(3) deleted
by L.18/2014
[8] Article 2(4) deleted
by L.18/2014
[9] Article 2(5) deleted
by L.18/2014
[10] Article 2(6) deleted
by L.18/2014
[11] Article 3 substituted
by L.18/2014
[12] Article 4 substituted
by L.5/2007
[13] Article 4(2) amended
by L.18/2014
[14] Article 4(4) deleted
by L.18/2014