Public Employees (Contributory Retirement Scheme) (Amendment No. 18) (Jersey) Regulations 2011

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

 


 



[1]                                    chapter 16.650

[2]                                    chapter 16.650.48

[3]                                    R&O.11/2011


Page Last Updated: 25 Apr 2016