Jersey Law 21/1979
TEACHERS’ SUPERANNUATION (JERSEY) LAW, 1979.
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A LAW to
make new provisions in relation to pensions and other similar benefits payable
to, and in respect of, teachers and certain other persons employed in connexion with the provision of educational services; to
treat as having applied to the Bailiwick certain principal and subordinate
enactments of the Parliament of the United Kingdom relating to the matters
aforesaid; to provide for the consequential repeal of certain insular
enactments; and for connected purposes, sanctioned by Order of Her Majesty in
Council of the
23rd day of MAY, 1979.
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(Registered on the 3rd day of August, 1979).
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STATES OF JERSEY.
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The 19th day of
September, 1978.
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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 –
“the Committee” means the Education Committee;
“pension” includes allowance or gratuity;
“prescribed” means prescribed by Order of the Committee
under this Law.
ARTICLE 2
PROVISION OF PENSIONS
(1) The
Committee shall, by Order, prescribe the pensions which, subject to the fulfilment of such requirements and conditions as shall be
prescribed, are to be, or may be, paid by the Committee to or in respect of
teachers and shall prescribe the means by which the cost of providing the
pensions is to be defrayed, including the contributions or other payments to be
made by teachers and their employers.
(2) Without
prejudice to the generality of paragraph (1) of this Article, Orders made under
this Article may –
(a) provide for the Committee to
enter into reciprocal arrangements with other employers and to pay and receive
transfer values or, in lieu thereof, to transfer or receive any fund or part of
a fund or policy of insurance;
(b) provide for reckoning in
respect of a teacher any service in employment or as the holder of an office in
respect of which a pension is not payable under this Law as service in respect
of which a pension is payable, either unconditionally or subject to such
conditions as may be prescribed and either as respects the whole of the service
or such fraction thereof as may be so prescribed;
(c) prescribe the circumstances
in which prescribed contributions, or any part thereof, paid by a teacher may
be repaid with or without interest;
(d) secure that where –
(i) provision
is made by Order for the payment to or in respect of a teacher of a pension in
consequence of their having become incapacitated, or having died, as a result
of an injury sustained, or disease contracted in prescribed circumstances; and
(ii) any
damages in respect of the injury, disease or death in consequence of which the
pension is paid or recovered by or on behalf of the person to whom the pension
is paid;
the amount of any payments made to that person in respect of the
pension before the right to, or amount of, such damages is finally determined,
or such part of these payments as may be prescribed, may be recovered from that
person in such circumstances and subject to such conditions as may be
prescribed;
(e) authorise
the payment, without probate or other proof of title, of any sum due under such
an Order in respect of a person who has died to the person charged with the
administration of his property or such other person as may be prescribed;
(f) render void any
assignment of, or charge on, or any agreement to assign or charge, any pension
payable under such an Order, and provide that on the bankruptcy of any person
entitled to such a pension no part thereof shall pass to any other person
except on the order of a court made in pursuance of a prescribed enactment or a
prescribed provision of customary law;
(g) provide for the determination
of any question arising under such an Order and for any decision which falls to
be taken by the Committee in accordance with the Order to be final;
(h) confer on such persons as may
be prescribed such functions as the Committee considers necessary or expedient
for the purposes of, such an Order;
(j) repeal or amend any
enactment which is inconsistent with, or has become unnecessary or requires
modification in consequence of, such an Order;
(k) include such incidental,
supplementary and transitional provisions as appear to be necessary or
expedient;
(l) make different
provisions as respects different classes of persons and different
circumstances.
(3) In
this Article, “teachers” includes such persons as may be
prescribed, being persons employed otherwise than as teachers –
(i) in
a capacity connected with education which to a substantial extent involves the
control or supervision of teachers; or
(ii) in
employment which involves the performance of duties in connexion
with the provision of education or services ancillary to education.
(4) Orders
made under this Article may be framed –
(a) so
as to apply in relation to the pension which is being paid or may become
payable thereunder to or in respect of a person who, having served in an employment,
service in which is pensionable under such an Order,
has ceased to serve therein or died before it comes into operation; or
(b) so
as to require or authorise the payment of pensions to
or in respect of such persons;
but such an Order shall not place any person in a worse position
than he would have been if it had not applied to a pension which is being paid
or may become payable to him, unless he is given an opportunity by the Order to
elect that it shall not so apply.
(5) An
Order made under this Article may be framed so as to have effect from a date
earlier than the date on which it is made:
Provided that such an Order shall not place any person who is
qualified to participate in the benefits for which it provides in a worse
position than he would have been in if the Order had had effect only from the
date on which it was made.
ARTICLE 3
TEACHERS’ SUPERANNUATION FUND
(1) For
the purposes of this Law there shall be established a fund to be known as
“the Teachers’ Superannuation Fund”
(hereinafter referred to as “the Fund”).
(2) There
shall be paid into the Fund –
(a) the
contributions or other payments made under paragraph (1) of Article 2, or
paragraph (2) of Article 5, 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 under reciprocal arrangements
entered into by the Committee;
(d) any
sums which on the coming into force of Article 5 of this Law are standing to
the credit of the Fund known as the “Fonds de Retraite Scolaires”
established by virtue of Article 3 of the “Loi
(1923) sur les pensions de retraite
scolaires”;
(e) any
other sums which the States may become liable to contribute to the Fund.
(3) There
shall be paid out of the Fund –
(a) prescribed
pensions;
(b) any
sum payable in respect of repaid contributions, and any interest payable
thereon;
(c) any
sums payable by way of transfer values under reciprocal arrangements entered
into by the Committee;
(d) any
allowances and gratuities payable under paragraph (2) of Article 5 of this Law;
(e) any
administrative expenses of the Fund;
and any monies in the Fund which are not for the time being
required for those purposes may be paid over to the Treasurer of the States and
by him invested in accordance with such directions as may be given by the
Finance and Economics Committee.
(4) The
Finance and Economics Committee may borrow money under the guarantee of the
annual income of the States in order to obtain currency, other than sterling,
required for any purpose connected with the investment of the Fund.
(5) The
Committee shall by Order provide for the holding of meetings between such
representatives of the Committee, the Finance and Economics Committee and the
persons to whom Orders made under Article 2 of this Law apply, as may be
prescribed, to discuss the management of the Fund.
(6) 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 coming into force of this Law,
or at such lesser number of years as the Committee may, at its absolute
discretion, determine and thereafter, during the period ending with the
thirty-first day of December in every fifth or earlier year as the Committee
may determine 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 under this Law to support the pensions and other
benefits payable thereunder.
(7) A
copy of every report under paragraph (6) of this Article shall be laid before
the States as soon as may be after it is made.
ARTICLE 4
OFFENCES
Any person who, knowingly, by means of any false representation,
statement or document, or by personation or other
fraudulent means, obtains or attempts to obtain, for himself, or for any other
person, any pension, or any increase in, or payment in respect of, such a
pension or any sum by way of repaid contributions, under any Order made under
this Law, shall be guilty of an offence and shall be liable to a fine or to imprisonment
for a term not exceeding two years or to both such fine and such imprisonment.
ARTICLE 5
REPEAL AND SAVING
(1) Subject
to paragraph (2) of this Article, the Laws listed in the Schedule to this Law
shall be deemed to have been repealed from such date or dates as may be
prescribed.
(2) The
repeal of the Laws listed in the Schedule to this Law shall not affect their
operation in relation to –
(a) any
annual allowance which began to accrue under those Laws before the date of
their repeal;
(b) any
additional allowance or gratuity which became payable under those Laws before
that date; or
(c) any
liability to pay contributions under those Laws in respect of the person to or
in respect of whom any such allowance or gratuity was granted;
and such allowances and gratuities shall be payable out of, and
such contributions shall be payable into, the Fund as though they were
prescribed pensions and contributions.
ARTICLE 6
TRANSITORY PROVISIONS
(1) For
the purpose of preserving parity with England and Wales as regards the superannuation of teachers, as defined in paragraph (3) of
Article 2 of this Law, who are employed in the Bailiwick at the time of the
coming into force of this Article, or who were employed in the Bailiwick during
such period preceding that time as may be prescribed, the Committee may by
Order apply to the Bailiwick, subject to such modifications, adaptations or
exceptions as may be prescribed, such of the provisions of –
(a) the
Teachers’ Superannuation Act, 1965 (c.83), an
Act of Parliament of the United Kingdom;
(b) the
Teachers’ Superannuation Act, 1967 (c.12), an
Act of Parliament of the United Kingdom;
(c) the
Superannuation Act, 1972 (c.11), an Act of Parliament
of the United Kingdom, insofar as the Act applies to teachers;
(d) any
enactments made under any of those Acts;
as may be prescribed, whether or not those Acts or subordinate
enactments are in force in England and Wales at the time they are applied to
the Bailiwick under this paragraph, and they shall, in their application to the
Bailiwick, be deemed to have had effect from the date on which they came into
force in England and Wales until the date on which they ceased to be in force
there, or such earlier date or dates as may be prescribed.
(2) An
Order made under this Article may contain such incidental, supplementary and
consequential provisions as appear to be necessary or expedient.
ARTICLE 7
ORDERS
(1) The
Committee may make Orders prescribing anything which by this Law is to be
prescribed.
(2) The
Subordinate Legislation (Jersey) Law, 1960, as
amended, shall apply to Orders made under this Law.
(3) Before
making such an Order, the Committee shall consult representatives of persons to
whom the proposed Order applies.
ARTICLE 8
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Teachers Superannuation
(Jersey) Law, 1979.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes of this Law.
SCHEDULE
(Article 5)
REPEALS
“Loi (1919) sur
les pensions de retraite scolaires”.
“Loi (1923) sur
les pensions de retraite scolaires”.
“Loi (1924) (Amendement)
sur les pensions de retraite
scolaires”.
“Loi (1928) sur
les pensions de retraite scolaires”.
Teachers (Superannuation) (Jersey) Law,
1948.
Teachers (Superannuation) (War Service)
(Jersey) Law, 1948.
Teachers (Superannuation) (No. 2)
(Jersey) Law, 1948.
Teachers (Superannuation) (Jersey) Law,
1949.
Teachers (Superannuation) (Jersey) Law,
1957.
Teachers (Superannuation) (Jersey) Law,
1958.
E.J.M. POTTER
Greffier of the States.