Public Employees (Retirement)
(Validation and Amendment) (Jersey) Law 2005
A LAW to provide that the Public
Employees (Retirement) (Jersey) Law 1967 is to be taken to have come into force
on 1st January 1968, to validate certain acts and things done in the belief
that the Law was coming into force on that date or came into force on that
date, to indemnify certain persons in respect of acts and things done by them
in the belief that the Law came into force on that date and to amend the Law
with effect from that date and subsequently.
Adopted by the
States 24th November 2004
Sanctioned by
Order of Her Majesty in Council 16th December 2004
Registered by the
Royal Court 21st
January 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted
the following Law –
1 Interpretation
In this Law –
“1967 Law”
means the Public Employees (Retirement)
(Jersey) Law 1967;[1]
“1967 Law, as amended,” means the 1967 Law as amended at the relevant time in the
manner set out in Article 3;
“1967 Law, as unamended,” means the 1967 Law as unamended in the manner set out in
Article 3.
2 Public
Employees (Retirement) (Jersey) Law 1967 brought into force
It is declared that for all purposes the 1967 Law is to be taken to
have been brought into force on 1st January 1968.
3 Amendments
(1) The
1967 Law is to be taken to have been amended on 1st January 1968 by
substituting for Articles 1, 2 and 3 the following Articles –
(1) In this Law, unless the context otherwise
requires –
‘Committee’ means
the Establishment Committee;
‘fund’ means the
pension fund established by Regulations made under Article 2(1);
‘scheme’ means
the scheme established by Regulations made under Article 2(1).
(2) For the purposes of this Law the following
are to be taken to be employed by the States, namely –
(a) officers referred to in Article 1(a) to
(e) of the Departments of the Judiciary and the Legislature (Jersey) Law 1965;[2]
(b) the Magistrate and Assistant Magistrate;
(c) a “délégué” as defined by
Article 1(2) of the Loi (1937) sur l’atténuation des peines
et sur la mise en liberté surveillée[3] (a
probation officer).
(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 or widowers, children and
dependants.
(2) The Regulations –
(a) shall establish a pension fund;
(b) shall prescribe the terms and conditions on
which a person is to be 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 or widowers, 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) may make provision for entering into
reciprocal arrangements with other employers;
(g) may make different provisions for different
classes of contributory members;
(h) may provide generally for the administration
of the scheme.
(3) The Regulations may provide for specified
matters to be determined by the actuary for the time being appointed under
Article 3(2).
(1) Regulations made under Article 2(1) shall
prescribe –
(a) what money must be paid into the fund;
(b) how money in the fund is to be applied in
payment of pensions and other benefits under the scheme, for meeting the
expenses of administering the scheme and for other purposes relevant to the
scheme; and
(c) how money in the fund that is not for the
time being required for the purposes mentioned in sub-paragraph (b) may be
invested by the Treasurer of the States in accordance with the directions of
the Finance and Economics Committee.
(2) The Committee shall appoint an actuary for
the Scheme, being a person who is a Fellow of the Institute of Actuaries or of
the Faculty of Actuaries in Scotland.
(3) The actuary shall review the operation of
the fund at least once in any period of 5 years and report to the Committee –
(a) on the financial condition of the fund; and
(b) on the adequacy or otherwise of the contributions
payable by virtue of this Law to support the pensions and other benefits
payable under the scheme.
(4) The Committee may at any time direct the
actuary to review the operation of the fund and to report on the review to the
Committee.
(5) The Committee shall lay a copy of every
report under paragraph (3) or paragraph (4) before the States as soon
as may be after it is made.
(6) Regulations made under Article 2(1)
shall prescribe what is to happen if a review and report under paragraph (3)
or paragraph (4) show a deficiency or disposable surplus in the
fund.”.
(2) The
1967 Law, as amended by paragraph (1), is to be taken to have been amended
on 12th February 1988 by substituting for Articles 1, 2 and 3 the following
Articles –
(1) In this Law, unless the context otherwise
requires –
‘Committee’ means
the Establishment Committee;
‘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);
‘scheme’ means the scheme established by Regulations made under Article 2(1).
(2) For the purposes of this Law the following
are to be taken to be employed by the States, namely –
(a) officers referred to in Article 1(a) to
(e) of the Departments of the Judiciary and the Legislature (Jersey) Law 1965;[4]
(b) the Magistrate and Assistant Magistrate;
(c) a “délégué” as defined by
Article 1(2) of the Loi (1937) sur l’atténuation des peines
et sur la mise en liberté surveillée[5] (a
probation officer).
2 States to establish
pension scheme
(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 or widowers, children and
dependants.
(2) The Regulations –
(a) shall establish a pension fund;
(b) shall prescribe the terms and conditions on
which a person is to be 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 or widowers, 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) may make provision for entering into
reciprocal arrangements with other employers;
(h) may make different provisions for different
classes of contributory members;
(i) may provide generally for the
administration of the scheme.
(3) The Regulations may provide that where a
lump sum becomes payable under the scheme on the death of a contributory
member, the Committee of Management is to determine –
(a) the recipients (whether individuals or
persons);
(b) whether the lump sum is to be paid wholly to
one recipient or in parts to more than one recipient;
(c) whether the lump sum is to be paid in full,
partially or not at all.
(4) The Regulations may also provide for
specified matters to be determined by the Committee of Management or the
actuary for the time being appointed under Article 3(2).
(5) The Committee of Management may delegate all
or any of the powers, authorities or discretions conferred upon it by this Law
or by Regulations made under this Article.
(6) However the Committee of Management shall
not delegate any power, authority or discretion relating to the investment of
money in the fund without the consent of the Finance and Economics Committee.
(1) Regulations made under Article 2(1) shall
prescribe –
(a) what money must be paid into the fund;
(b) how money in the fund is to be applied in
payment of pensions and other benefits under the scheme, for meeting the
expenses of administering the scheme and for other purposes relevant to the
scheme;
(c) how money in the fund that is not for the
time being required for the purposes mentioned in sub-paragraph (b) may,
with the approval of the Finance and Economics Committee, be invested by the Committee
of Management.
(2) The Committee of Management shall, with the
approval of the Committee, appoint an actuary for the Scheme, being a person
who is a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in
Scotland.
(3) The Committee of Management shall direct the
actuary to review the operation of the fund at least once in any period of
5 years and to make a report to the Committee –
(a) on the financial condition of the fund; and
(b) on the adequacy or otherwise of the
contributions payable by virtue of this Law to support the pensions and other
benefits payable under the scheme.
(4) The Committee may at any time require the
Committee of Management to direct the actuary to review the operation of the
fund and to make a report on the review to the Committee.
(5) The Committee shall lay a copy of every
report under paragraph (3) or paragraph (4) before the States as soon
as may be after it is made.
(6) Regulations made under Article 2(1)
shall prescribe what is to happen if a review and report under paragraph (3)
or paragraph (4) show a deficiency or disposable surplus in the
fund.”.
(3) Article 1(1)
of the 1967 Law, as amended by paragraph (2), is to be taken to have been
amended on 12th December 2002 by substituting for the definition
“Committee” the following definition –
“ ‘Committee’
means the Policy and Resources Committee;”.
4 Validation
(1) This
Article applies to –
(a) acts
and things done under the 1967 Law in the belief that it was to come into force
on 1st January 1968; and
(b) acts
and things thought to have been done under the 1967 Law in the belief that it
came into force on that date.
(2) Those
acts and things done that would have been lawfully done if the 1967 Law had
come into force on 1st January 1968 are validated and declared to have been
lawfully done and to have had the same force and effect as if the 1967 Law had
come into force on 1st January 1968.
(3) The
references in this Article to the 1967 Law include both –
(a) the
1967 Law, as amended; and
(b) the
1967 Law, as unamended, but as it was amended for the time being by the Laws
repealed by Article 5(3).
5 Revocation
(1) Except
as provided by paragraph (2), the amendments made to the 1967 Law, as
unamended, by the Laws repealed by paragraph (3) shall be taken as having
ceased to have had effect immediately before the commencement of this Law.
(2) Paragraph (1)
does not apply to the repeal and replacement of Article 4 of the 1967 Law
by Article 1(4) of the Public
Employees (Retirement) (Amendment No. 3) (Jersey) Law 1988.[6]
(3) The
following Laws are repealed –
(a) Public Employees (Retirement) (Amendment)
(Jersey) Law 1973;[7]
(b) Public Employees (Retirement) (Amendment No. 2)
(Jersey) Law 1987;[8]
(c) Public Employees (Retirement) (Amendment No. 3)
(Jersey) Law 1988;[9]
(d) Public Employees (Retirement) (Amendment No. 4)
(Jersey) Law 1994;[10]
(e) Public Employees (Retirement) (Amendment No. 5)
(Jersey) Law 1995.[11]
6 Limitation
on action and indemnity
(1) This
Article applies to –
(a) a
person who before this Law came into force purported to discharge a function or
perform a duty under the 1967 Law; and
(b) a
person who was, or was acting as, an officer, employee or agent of a person
mentioned in sub-paragraph (a) or who was performing a duty or exercising
a power on behalf of such a person.
(2) No
action shall lie against a person to whom this Article applies for an act done in
the purported discharge of a function or the purported performance of a duty under
the 1967 Law before this Law came into force unless it is shown that the act
was done in bad faith.
(3) Any
action brought against a person to whom this Article applies before this Law
came into force –
(a) that
could not have been brought after that time by virtue of paragraph (2);
and
(b) that
was not settled or otherwise determined before this Law came into force,
is stayed.
(4) If –
(a) before
this Law came into force an action was brought against a person to whom this
Article applies that, by virtue of paragraph (2), could not have been
brought after that time; and
(b) the
action was settled or otherwise determined before this Law came into force,
then, whether or not the action was settled or otherwise determined
in favour of the person to whom this Article applies, the Policy and Resources
Committee shall pay to the person an amount equal to all expenses and other
outgoings the person has expended, and any damages paid by the person, as a
result of the action.
(5) Paragraph (2)
shall not prohibit any action that might have been taken if the 1967 Law had
come into force on 1st January 1968.
(6) The
references in this Article to the 1967 Law include both –
(a) the
1967 Law, as amended; and
(b) the
1967 Law, as unamended, but as it was amended for the time being by the Laws
repealed by Article 5(3).
7 Citation
and commencement
(1) This
Law may be cited as the Public Employees (Retirement) (Validation and
Amendment) (Jersey) Law 2005.
(2) It
shall come into force 7 days after it is registered.
A.H. HARRIS
Deputy Greffier of the States.