Arrangement

part 1  3

part 2  4

part 3  5

part 4  7

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

“20    Members of the Police Force and Fire Service, and Prison Governor”;

“20A Modification of scheme for prison officers

In their application to a person employed as a prison officer in the States of Jersey Prison Service, these Regulations shall have effect subject to the following modifications –

(a)     subject to paragraphs (d) and (e), the normal retiring age shall be 60 years for such a person and the definition “normal retiring age” in Regulation 1 shall be construed accordingly;

(b)     the references in Regulation 5 to the Civil Service Administration (Pension) (Jersey) Rules 1963[3], shall be construed as references to the Prison Officers (Jersey) Regulations 1957[4];

(c)     the annual rate of retirement pension shall be calculated as 1/45th of the member’s average salary for each year of service (calculated in completed years plus 1/12th of a year for each completed month in the final part-year up to the date of leaving service, or the date of attaining normal retiring age if earlier, plus any completed years of service between the date of attaining normal retiring age and the date of leaving service if later), subject to a maximum of 35 years of service, and Regulation 7(2) shall be amended accordingly;

(d)     in Regulation 7(4) “normal retiring age” means 55 years and the power of the Chief Minister under Regulation 7(4) to require a member to retire at any time not more than 5 years before attaining normal retiring age shall not be exercisable save after consultation with the Minister for Home Affairs; and

(e)     in Regulation 11 –

(i)      the references to 50 and 60 years of age shall be amended to 45 and 50 years of age respectively, and

(ii)      the reference to normal retiring age shall be taken to mean 55 years.”.

“ ‘normal retiring age’ means ‑

(a)     for category A members employed in the States of Jersey Prison Service, subject to the modifications set out in Regulations 5(2), 6(7) and 8(1A), 60 years;

(b)     for all other category A members, 55 years;

(c)     for category B members, 60 years; and

(d)     for all other members, 65 years,

provided that in the case of a Crown Officer or Magistrate who continues to hold office after the age of 65 years it shall mean the age attained on the date on which he or she ceases to hold office;”; and

“ ‘SOJPS’ means the States of Jersey Prison Service;”.

“(d)    In the case of an employee who ‑

(i)      was a member of the scheme under these Regulations but ceased to be a member, and

(ii)      becomes employed in the SOJPS,

the employee cannot apply to be re-admitted to the scheme under these Regulations, and for the purpose of this Regulation it does not matter whether the employee was previously a category A member of the scheme under these Regulations employed in the SOJPS.”.

“(2)    In this Regulation, “normal retiring age” means in the case of a member who became, before 1st March 2009, a category A member of the scheme under these Regulations employed in the SOJPS, 55 years.”.

“(1)    Subject to paragraph (1A), this Regulation applies to any member who has completed not less than 10 years pensionable service.”;

“(1A) This Regulation does not apply to a member who became, on or after 1st March 2009, a category A member of the scheme under these Regulations.”;

“(1B) Subject to paragraph (4), a member to whom this Regulation applies may retire at any time not more than 5 years before attaining normal retiring age and receive a pension in accordance with paragraph (3).”;

“(7)    In this Regulation, “normal retiring age” means in the case of –

(a)     a Crown Officer or Magistrate, 65 years;

(b)     a member who became, before 1st March 2009, a category A member of the scheme under these Regulations employed in the SOJPS, 55 years.”.

“6A   Modification of scheme – SOJPS members employed after 1st March 2009

(1)     This Regulation applies to a member who became, on or after 1st March 2009, a category A member of scheme under these Regulations employed in the SOJPS.

(2)     A member to whom this Regulation applies may retire not more than 5 years before normal retiring age and shall on retirement receive a pension calculated in accordance with Regulation 5.”.

“(1A) In this Regulation, “normal retiring age” means in the case of a category A member employed in the SOJPS, 55 years.”.

“ ‘category C member’ means a member employed in the States of Jersey Prison service (“SOJPS”) –

(a)     whose employment in the SOJPS first commences on or after 1st February 2013; or

(b)     who is re-admitted or admitted to the scheme in accordance with Regulation 2(14)(c);”;

“ ‘normal retiring age’ means ‑

“(a)    for category A members employed in the SOJPS, subject to the modifications set out in Regulations 5(2), 6(8) and 8(1AA), 60 years;

(b)     for all other category A members, 55 years;

(c)     for category B members, 60 years;

(d)     for category C members, 60 years; and

(e)     for all other members, 65 years,

provided that in the case of a Crown Officer or Magistrate who continues to hold office after the age of 65 years it shall mean the age attained on the date on which he or she ceases to hold office;”; and

“ ‘SOJPS’ means the States of Jersey Prison Service;”.

“(c)    In the case of a person described in sub-paragraph (a) who on again becoming an employee, is employed in the SOJPS, he or she shall be re-admitted or admitted (as the case may be) to the scheme under these Regulations as a category C member (regardless of whether that person was previously employed as a category A member in the SOJPS), and in accordance with paragraph (15).”.

“(aa)  in respect of a category C member, 1/70th of the member’s average salary for each completed year (and pro rata for completed days) of pensionable service provided that the member’s annual rate of pension shall not exceed 3/4ths of the member’s final pensionable salary; and”; and

“(2)    In this Regulation, “normal retiring age” means in the case of a member who became, before 1st March 2009, a category A member of the scheme under these Regulations employed in the SOJPS, 55 years.”.

“(5)    The pension payable to a member who first became an employee before 1st January 2006, but excluding such a member who is re-admitted or admitted to the scheme in accordance with Regulation 2(14)(c), shall be the amount calculated in accordance with Regulation 5.”;

“(6)    Subject to paragraph (7), the pension payable to ‑

(a)     a member who first became an employee after 31st December 2005; or

(b)     a member who is re-admitted or admitted to the scheme in accordance with Regulation 2(14)(c),

shall be the amount calculated in accordance with Regulation 5 reduced by 2.4% for each year (and so in proportion for any part of a year) by which the member’s age at the time of his or her retirement, or termination of office or employment falls short of the age of 65 years in the case of a Crown Officer or Magistrate or, in any other case, normal retiring age.”; and

“(8)    In this Regulation, ‘normal retiring age’ means in the case of a category A member employed in the SOJPS before 1st March 2009, 55 years.”.

“6AA     Modification of scheme – SOJPS members employed after 1st March 2009

(1)     This Regulation applies to a member who became, on or after 1st March 2009, a category A member of scheme under these Regulations employed in the SOJPS.

(2)     A member to whom this Regulation applies may retire not more than 5 years before normal retiring age and shall on retirement receive a pension calculated in accordance with Regulation 5.”.

“(1AA)  In this Regulation, ‘normal retiring age’ means in the case of a category A member employed in the SOJPS, 55 years.”;

“(1H) This paragraph applies to a category C member who is entitled to a deferred pension payable in accordance with paragraph (1A)(a)(ii) where that pension is either in whole or in part attributable to a transfer value received by the Treasurer under Regulation 7 of the General Regulations from a registered pension scheme within the meaning of Part 4 of the Finance Act 2004 (c.12) of the United Kingdom.

(1I)    A category C member to whom paragraph (1H) applies ‑

(a)     may choose to be paid in accordance with paragraph (1C) such part of the pension that is not attributable to the transfer value described in paragraph (1H); and

(b)     may also be paid in accordance with paragraph (1C), such part of the pension that is attributable to the transfer value.”.