Jersey Law 11/1967
PUBLIC EMPLOYEES (RETIREMENT) (JERSEY) LAW, 1967.
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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,
sanctioned by Order of Her Majesty in Council of the
8th day of JUNE. 1967.
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(Registered on the 30th day of June, 1967).
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STATES OF JERSEY.
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The 28th day of
February, 1967.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION
In this Law, unless the context otherwise requires –
“actuary” means a Fellow of the Institute of Actuaries
or of the Faculty of Actuaries in Scotland;
“the Committee” means the Establishment Committee;
“contributory member” means a person who is, or has at
any time been, employed by the States and admitted to participate in a scheme
which provides for the payment of pensions and other benefits;
“the fund” has the meaning assigned to it by paragraph
(2) of Article 2 of this Law;
“prescribed” means prescribed by a scheme;
“public utility” includes any electricity, gas,
transport or water undertaking which is not a statutory undertaking;
“scheme” means a scheme made under Article 2 of this
Law;
“statutory undertaking” means any undertaking
exercising its powers under an enactment conferring such powers specifically on
that particular undertaking.
ARTICLE 2
PROVISIONS AS TO SCHEMES
(1) The
States shall by Regulations make schemes to provide generally for the
retirement from office of persons in the employment of the States and a scheme
may make provision for the payment, at the prescribed rates, or calculated in
the prescribed manner, of pensions and other benefits to such persons, their
widows and other dependants.
(2) Where
a scheme makes provision for the payment of pensions and other benefits as
aforesaid, the scheme –
(a) shall provide for the
establishment of a pensions fund (hereinafter referred to as “the
fund”) for the purposes of the scheme;
(b) shall prescribe the
terms and conditions on which persons shall be admitted as contributory
members;
(c) shall prescribe the
contributions to be made to the fund by the States and by contributory members;
(d) shall, except in the
case of a person to whom a reciprocal arrangement applies, provide that a
person who ceases to be a contributory member before he becomes entitled to
receive a pension or other benefit under the scheme shall be entitled to
receive a sum equal to the aggregate amount of his contributions to the fund,
together with compound interest thereon calculated to the date on which he
ceased to be a contributory member at such rate, not being a rate less than
three per centum per annum with half-yearly rests, as may be specified in the
scheme ;
(e) may make provision for
entering into reciprocal arrangements with other employers ;
(f) may make
different provisions for different classes of contributory members ;
(g) may provide generally
for the administration of the scheme.
ARTICLE 3
MANAGEMENT OF THE FUND
(1) There
shall be paid into the fund –
(a) the amounts of all
contributions made by virtue of sub-paragraph (c) of paragraph (2) of Article 2 of this Law ;
(b) any dividends or
interest arising out of the investment of the fund or any part thereof, and any
capital sums resulting from the realisation of any
such investments ;
(c) any amounts received by
way of transfer values ;
(d) any amounts received in
pursuance of an actuary’s certificate under the provisions of paragraph
(2) of Article 4 of this Law ;
(e) any other sums which
the States may become liable to contribute to the fund.
(2) The
moneys forming part of the fund shall be applied in payment of pensions and
other benefits under a scheme, and for meeting the expenses of administering
the scheme, and any such moneys which are not for the time being required for
those purposes may be invested by the Treasurer of the States, in accordance
with the directions of the Finance Committee, in any of the following
securities, that is to say –
(a) loans issued by the
States ;
(b) securities issued by
Her Majesty’s Government in the United Kingdom ;
(c) securities the payment
of interest on which is guaranteed by Her Majesty’s Government in the
United Kingdom ;
(d) fixed-interest
securities issued in the United Kingdom by the government of any overseas
territory within the Commonwealth ;
(e) such securities, or
securities of such class, as the States, on the recommendation of the Finance
Committee, may approve.
(3) An
actuary, appointed for the purpose by the Committee, shall review the operation
of the fund during the period ending with the thirty-first day of December next
following the expiration of five years from the commencement of this Law, and
thereafter, during the period ending with the thirty-first day of December in
every fifth year and, on each such review, the actuary shall make a report to
the Committee on the financial condition of the fund and 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 other time obtain an actuarial review and report under
paragraph (3) of this Article.
(5) A
copy of every report under paragraph (3) or (4) of this Article shall be laid
before the States as soon as may be after it is made.
(6) Where
by any review and report under paragraph (3) or (4) of this Article a
deficiency or disposable surplus is disclosed, the Committee shall, when laying
the report before the States in accordance with paragraph (5) of this Article
or, within the three months immediately thereafter, submit to the States
proposals for making good the deficiency or, as the case may be, for disposing
of the surplus.
ARTICLE 4
POWER TO EXTEND APPLICATION OF SCHEME
(1) The
Committee, on the application of an employer who –
(a) is a parochial
authority ; or
(b) is a statutory
undertaking ; or
(c) is a public utility ;
or
(d) not being one of the
foregoing, satisfies the Committee that persons employed by him are employed
wholly in work of a nature which might properly be undertaken by contributory
members ;
may recommend to the States that persons in the employment of the
employer shall be admitted to participate in a scheme making provision for the
payment of pensions and other benefits, and the States may by Act so admit such
persons, on such terms and subject to such conditions as may be specified in
the Act.
(2) The
Committee, before making a recommendation under paragraph (1) of this Article,
shall cause to be obtained from an actuary a certificate as to the amounts to
be contributed by way of payment of superannuation
contributions and of interest thereon or, as the case may be, such sum calculated
to be equivalent thereto, as well as the amounts to be contributed annually
thereafter, to the fund by the employer in respect of his employees admitted to
participate in the scheme, and the Committee, when making a recommendation as
aforesaid, shall inform the States of the amounts so certified, and, where the
States accept the recommendation, a condition requiring the payment of the
amounts so certified shall be included in the Act admitting those employees to
participate in the scheme.
(3) An
Act under paragraph (1) of this Article may make such additions to, and
modifications of, a scheme as may be necessary in connexion
with the admission of the persons to whom the Act applies to participate in the
scheme :
Provided that no such addition or modification shall adversely
affect the entitlement under the scheme of any person who was a contributory
member or his widow or other dependant immediately before the coming into
effect of the Act.
(4) Where,
under paragraph (1) of this Article, persons are admitted to participate in a
scheme –
(a) the definition of
“contributory member” in Article 1 of this Law shall be construed
as including those persons ;
(b) the reference, in
sub-paragraph (c) of paragraph (2) of Article 2 of this Law, to the States
shall be construed as a reference to the employer of such persons.
ARTICLE 5
AMENDMENT OF CIVIL SERVICE ADMINISTRATION (JERSEY) LAW, 1948
(1) In
Article 3 of the Civil Service Administration (Jersey) Law, 1948, as amended, for the words “in relation to
established members of the civil service” there shall be substituted the
words “in relation to members of the civil service whether established or
unestablished”.
(2) Any
Rules made under the provisions of the said Article 3 and in force at the
commencement of this Law shall continue in force and have effect as if they had
been made under those provisions as amended by this Law.
ARTICLE 6
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Public Employees (Retirement) (Jersey) Law, 1967.
(2) This
Law shall come into force on such day as the States may by Act appoint.
A.D. LE BROCQ,
Greffier of the States.