Public Employees
(Contributory Retirement Scheme) (Amendment No. 18) (Jersey) Regulations 2011
Made 2nd February 2011
Coming into force 9th
February 2011
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement)
(Jersey) Law 1967[1], have made the following
Regulations –
1 Regulation 7
amended
For Regulation 7(4) of the Public Employees (Contributory
Retirement Scheme) (Jersey) Regulations 1967[2] there shall be substituted
the following paragraphs –
“(4) Notwithstanding the
provisions of paragraph (1)(b), a contributory member may retire at any
time not more than 5 years before attaining normal retiring age and, if a
member has completed not less than 10 years service, the Chief Minister
may require the member similarly so to retire.
(4A) Subject to paragraph (4B) a retirement pension
calculated in accordance with paragraph (2) shall be payable to a member
who retires under paragraph (4) from the date of his or her retirement.
(4B) The retirement pension of a category A member who
retires on or after the date on which the Public Employees (Contributory
Retirement Scheme) (Amendment No. 18) (Jersey) Regulations 2011[3] come into force and whose
pension, either in whole or in part, is 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 on or after that date shall be
payable as follows –
(a) such part of the member’s pension that
is not attributable to such a transfer value shall be payable from the date of
the member’s retirement; and
(b) such part of the pension that is
attributable to such a transfer value shall be treated for the purposes of the
scheme as a deferred pension to which the member is entitled under
Regulation 11.
(4C) A member shall be treated for the purposes of the scheme
as a deferred pensioner in respect of that part of the pension treated as a
deferred pension under paragraph (4B)(b) except that the member shall not
be permitted to waive entitlement to that deferred pension by requesting a
refund of contributions or a transfer payment.”.
(4D) A member is a category A member for the purposes of
this Regulation if that member falls within the definition of a category A
member in the 1989 Existing Members Regulations or the 1989 New Members
Regulations.”.
2 Citation
and commencement
These Regulations may be cited as the Public Employees (Contributory
Retirement Scheme) (Amendment No. 18) (Jersey) Regulations 2011 and
shall come into force 7 days after they are made.
a.h. harris
Deputy Greffier of the States