Public Employees
(Pension Scheme) (Miscellaneous Amendments) (Jersey) Regulations 2019
Made 15th January 2019
Coming into force 15th
January 2019
THE STATES make the following Regulations under Article 2 of the Public
Employees (Pensions) (Jersey) Law 2014[1] –
1 Amendment
of Regulation 22 (transfers out) of the Public Employees (Pension Scheme)
(Administration) (Jersey) Regulations 2015
In Regulation 22 of the Public Employees (Pension Scheme)
(Administration) (Jersey) Regulations 2015[2], for paragraph (3)
there is substituted –
“(3) Up to and including 31st
December 2018, where a transfer payment is paid out of the fund under this
Regulation, that payment extinguishes the person’s rights to any other
benefits under the respective schemes, as well as the rights of any person
contingently entitled to any benefit payable upon that person’s death.
(4) From 1st January 2019, where a transfer
payment is paid out of the fund under this Regulation, that payment
extinguishes the person’s rights to any other benefits under the 1967 Scheme
or the Scheme, as the case may be, as well as the rights of any person
contingently entitled to any benefit payable upon that person’s
death.”.
2 Amendment
of Regulation 4 (meaning of “pensionable earnings”) of the
Public Employees (Pension Scheme) (Membership and Benefits) (Jersey) Regulations 2015
In Regulation 4(2) of the Public Employees (Pension Scheme)
(Membership and Benefits) (Jersey) Regulations 2015[3] –
(a) in
sub-paragraph (f) for “; or” there is substituted
“;”;
(b) in
sub-paragraph (g) for “benefits.” there is substituted
“benefits; or”;
(c) after
sub-paragraph (g) there is inserted –
“(h) from 1st January 2019, any
payment of a temporary nature.”.
3 Amendment
of the Public Employees (Pension Scheme) (Transitional Provisions, Savings and
Consequential Amendments) (Jersey) Regulations 2015
(1) The
Public Employees (Pension Scheme) (Transitional Provisions, Savings and
Consequential Amendments) (Jersey) Regulations 2015[4] are amended under paragraphs (2),
(3) and (4).
(2) In Regulation 1
(interpretation) –
(a) in paragraph (1) –
(i) after the definition
“pensioner member” there is inserted –
“ “pensionable
earnings” has, with effect from 1st January 2019, the same
meaning as in Regulation 4 of the Membership and Benefits
Regulations;”,
(ii) in the definition
“pensionable service”, after “qualifies” there is
inserted “a”;
(b) in paragraph (2)(b),
for “the expression “normal retiring age” when used in
relation to a transition member, has the meaning assigned to that
expression”, there is substituted “the expressions “normal
retiring age”, and with effect from 1st January 2019
“salary”, when used in relation to a transition member, have the
meaning assigned to those expressions”.
(3) In Regulation 9
(calculation of final pensionable earnings), for paragraph (3) there is
substituted –
“(3) With effect from 1st January 2019,
where paragraph (2) applies, a transition member’s final pensionable
earnings for the purposes of Article 11(2)(b), (3) and (4)(a) of the Law,
must be calculated by reference to –
(a) in the case of a transition member who has
completed 10 or more years’ pensionable service under the Scheme,
the highest of that member’s pensionable earnings over 365 consecutive
days in the 10 years prior to, and ending on the relevant date;
(b) in the case of a transition member who has
completed less than 10 years’ pensionable service under the Scheme
but 10 or more years’ pensionable service in aggregate under the
respective schemes, the highest of that member’s pensionable earnings or
salary over 365 consecutive days in the 10 years prior to, and ending
on the relevant date; or
(c) in the case of a transition member who has
completed less than 10 years’ pensionable service in aggregate under
the respective schemes, the highest of that member’s pensionable earnings
or salary over 365 consecutive days beginning with the year in which the
transition member commenced his or her last or only period of employment, and
ending on the relevant date.”.
(4) In Regulation 15
(transfer payments) –
(a) in paragraph (1)
for “Where,” there is substituted, “With effect from 1st
January 2019, subject to paragraphs (1A) and (1B), where”;
(b) after
paragraph (1) there is inserted –
“(1A) With effect from 1st January 2019, this
paragraph applies to a transition member who has attained his or her normal
retiring age but who remains in Scheme employment.
(1B) Notwithstanding that a transition member to whom paragraph (1A)
applies has not ceased active membership of the Scheme, he or she may apply for
a transfer payment, under Regulation 22 of the Administration Regulations,
of his or her retirement benefits accrued under the 1967 Scheme.”;
(c) for
paragraphs (2) and (3) there is substituted –
“(2) With effect from 1st January 2019,
this paragraph applies where, before the transition date, a member of the 1967 Scheme
has requested the Administrator to accept a transfer payment under Regulation 23(3)
of the Administration Regulations but the Administrator does not receive that
transfer payment until on, or after the transition date.
(3) Where paragraph (2) applies, the
transfer payment received must be dealt with in accordance with Regulation 23(4)(a)
and (b)(ii) and (5) of the Administration Regulations.”.
4 Citation
and commencement
These Regulations may be cited as the Public Employees (Pension
Scheme) (Miscellaneous Amendments) (Jersey) Regulations 2019 and come into
force immediately upon being made.
dr. m. egan
Greffier of the States