Teachers’
Superannuation (General Provisions) (Amendment No. 3)
(Jersey) Order 2007
Made 28th March 2007
Coming into force 29th
March 2007
THE CHIEF MINISTER, in pursuance of Articles 2, 3 and 7 of the Teachers’
Superannuation (Jersey) Law 1979[1], and after consultation with the
Management Board, orders as follows –
1 Interpretation
In this Order, “principal Order”
means the Teachers’ Superannuation (General Provisions) (Jersey)
Order 1986[2].
2 Article
1 amended
(1) In
Article 1 of the principal Order, in paragraph (1) –
(a) for
the definition “accepted school” there shall be substituted the
following definition –
“ ‘accepted school’ means a school that is an
accepted school under the Administration Order;”;
(b) the
definition “Actuary” shall be
deleted;
(c) after
the definition “Actuary” there shall be inserted the following
definition –
“ ‘Administration Order’ means the
Teachers’ Superannuation (Administration) (Jersey) Order 2007;”;
(d) in
the definitions “agreed” and “approved”, for the word
“Minister” there shall be substituted the words “Management
Board”;
(e) the
definition “approved superannuation scheme” shall be deleted;
(f) for
the definition “interchange provisions”
there shall be substituted the following definition –
“ ‘interchange
provisions’ means –
(a) Articles 20 and 21 of the Administration
Order;
(b) the former Part 4 of this Order
repealed by the Teachers’ Superannuation (General Provisions) (Amendment
No. 3) (Jersey) Order 2007; and
(c) any previous provisions of this Order to
like effect;”.
(2) In
Article 1 of the principal Order, in paragraphs (8)(a) and (b) and (9),
for the word “Minister” there shall be substituted the words
“Management Board”.
3 New
Article 2A inserted
After Article 2 of the principal Order there shall be inserted
the following Article –
“2A Application
of Order to persons employed on or after 1st April 2007
(1) A person shall not be taken to be employed
in reckonable service for the purposes of this Order if he or she becomes
employed as a teacher under a contract of employment under which the first day
of the person’s employment is on or after 1st April 2007.
(2) Despite paragraph (1), a person shall
be taken to be employed in reckonable service for the purposes of this Order if
he or she –
(a) was employed in reckonable service for the
purposes of this Order but has ceased for a period to be so employed;
(b) becomes employed as a teacher under a
contract of employment under which the first day of the person’s employment
is on or after 1st April 2007;
(c) is, apart from the operation of paragraph (1),
employed in reckonable service; and
(d) has not, within 4 weeks after the first
day of his or her employment, elected under Article 7 of the
Teachers’ Superannuation (New Members) (Jersey) Order 2007 to become a
member of the scheme established under that Order.
(3) A reference in this Order to a teacher shall
not include a reference to a person who, in accordance with this Article, is
not taken to be employed in reckonable service for the purposes of this
Order.”.
4 Article
3 amended
In Article 3 of the principal Order –
(a) in
paragraphs (1), (2) and (3), for the word “Minister” there shall be
substituted the words “Management Board”;
(b) in
paragraph (6), for the words “Minister” and
“Minister’s” there shall be substituted the words “Management
Board” and “Board’s” respectively.
5 Article
4 amended
In Article 4 of the principal Order –
(a) paragraphs
(1), (2) and (3) shall be deleted;
(b) in
paragraph (5) –
(i) for
the word “Minister” there shall be substituted the words
“Management Board”,
(ii) the
definition “governing body” shall be deleted.
6 Article
5 amended
In Article 5 of the principal Order, in paragraph (5), for
the words “Minister” and “Minister’s” there shall
be substituted the words “Management Board” and
“Board’s” respectively.
7 Article
6 amended
In Article 6 of the principal Order, in paragraph (2) –
(a) in
sub-paragraph (a) for the word “Minister” there shall be
substituted the words “Management Board”;
(b) in
sub-paragraph (b) –
(i) for
the words “Minister received” there shall be substituted the words
“Fund received”,
(ii) for
the words “Minister within” there shall be substituted the words
“Management Board within”.
8 Article
7 amended
In Article 7 of the principal Order, in paragraph (3) for
the words “Minister” (twice occurring) and
“Minister’s” there shall be substituted the words
“Management Board” and “Board’s” respectively.
9 Article
9 amended
In Article 9 of the principal Order –
(a) in
paragraph (2), for the words “9.95%” there shall be
substituted the words “16.4%”;
(b) at
the end, there shall be added the following paragraphs –
“(3) An employee or employer may,
in accordance with Articles 18 and 19 of the Administration Order, be
required to pay a different amount to the amount referred to in paragraph (1)
or (2).
(4) Each employee or employer shall contribute
to the scheme the contributions, determined by the Management Board on the
advice of the Actuary, that are required to be paid in accordance with a
proposal, accepted under Article 18 or 19 of the Administration Order, to
increase the contributions payable respectively by an employee or
employer.”.
10 Article
10 amended
In Article 10 of the principal Order, in paragraph (2),
for the word “Minister” (twice occurring) there shall be
substituted the words “Management Board”.
11 Article
11 amended
In Article 11 of the principal Order, in paragraph (2)(b),
for the word “Minister” there shall be substituted the words
“Management Board”.
12 Article
13 amended
In Article 13 of the principal Order for the word
“Minister” there shall be substituted the words “Management
Board”.
13 Article
18 amended
In Article 18 of the principal Order, in paragraphs (1) and
(2)(a), for the word “Minister” there shall be substituted the
words “Management Board”.
14 Article
22 amended
In Article 22 of the principal Order –
(a) in
paragraphs (4) and (10), for the word “Minister” (wherever
occurring) there shall be substituted the words “Management Board”;
(b) in
paragraph (12) for the words “is credited with reckonable service in
pursuance of Article 80” there shall be substituted the words
“is credited with additional periods of reckonable service under Article 20
of the Administration Order”.
15 Article
23 amended
In Article 23 of the principal Order –
(a) in
paragraph (2), for the word “Minister” there shall be
substituted the words “Management Board”;
(b) in
paragraph (3), for the word “Minister” there shall be
substituted the word “Fund”.
16 Article
27 amended
In Article 27 of the principal Order, in paragraph (5)(i),
for the word “Minister” there shall be substituted the words
“Management Board”.
17 Article
28 amended
In Article 28 of the principal Order, in paragraphs (4) and
(6), for the word “Minister” there shall be substituted the words
“Management Board”.
18 Article
29 amended
In Article 29 of the principal Order, in paragraph (4),
for the word “Minister” there shall be substituted the words
“Management Board”.
19 Article
30 amended
In Article 30 of the principal Order, for paragraph (1)(b)(ii),
there shall be substituted the following clause –
“(ii) in
the case of a teacher in respect of whom a transfer value shall be paid under
Article 21 of the Administration Order, the date on which the teacher
becomes subject to the pension scheme in question,”.
20 Article
31 amended
In Article 31 of the principal Order, in paragraph (3),
for the word “Minister” there shall be substituted the words
“Management Board”.
21 Article
35 amended
In Article 35 of the principal Order, in paragraph (2),
for the word “Minister” there shall be substituted the words
“Management Board”.
22 Article
39 amended
In Article 39 of the principal Order, in paragraphs (2) and
(3), for the word “Minister” (wherever occurring) there shall be
substituted the words “Management Board”.
23 Article
41 amended
In Article 41 of the principal Order –
(a) in
the heading, for the word “Minister” there shall be substituted the
words “Management Board”;
(b) in
paragraphs (1) and (3) for the word “Minister” there shall be
substituted the words “Management Board”.
24 Article
42 amended
In Article 42 of the principal Order, in paragraph (2),
for the word “Minister” there shall be substituted the words
“Management Board”.
25 Article
44 amended
In Article 44 of the principal Order, in paragraph (c),
for the word “Minister” there shall be substituted the word
“Fund”.
26 Article
46 amended
In Article 46 of the principal Order, for paragraph (4)
there shall be substituted the following paragraph –
“(4) The contributions specified
in paragraph (2), and mentioned in paragraph (3) as repaid, include
contributions paid or treated as paid as teacher’s contributions in
respect of comparable British service or of any teacher in respect of whom a
payment has been received under –
(a) Article 20 of the Administration Order;
(b) Article 80 of this Order before it was
repealed by the Teachers’ Superannuation (General Provisions) (Amendment
No. 3) (Jersey) Order 2007; or
(c) a previous provision to the like effect of
Article 80.”.
27 Article
47 amended
In Article 47 of the principal Order, in paragraph (1)(b),
for the word “Minister” there shall be substituted the words
“Management Board”.
28 Article
50 amended
In Article 50 of the principal Order for the word “Minister”
(twice occurring) there shall be substituted the words “Management
Board”.
29 Article
51 amended
In Article 51 of the principal Order –
(a) in
paragraph (1)(a), in clauses (i) and (ii), and paragraph (3), for the
words “at least 5 years” (wherever occurring) there shall be
substituted the words “at least the period nominated by him or her under
paragraph (5)”;
(b) at
the end there shall be added the following paragraphs –
“(5) A teacher may, at any time,
by notice in writing to the Management Board, nominate a period of 2 years
or 5 years as the minimum period that he or she shall be required to be
employed in reckonable service before being entitled to any allowance under
this Article.
(6) For the purposes of this Order, unless and
until a person makes a nomination under paragraph (5) he or she shall be
taken to have nominated a period of 2 years for the purposes of that
paragraph.
(7) The number of years that a person nominates,
or, under paragraph (6), shall be taken to nominate, may not be altered by
a nomination under paragraph (5) after the person begins to receive an
allowance under this Article.”.
30 Article
52 amended
In Article 52 of the principal Order, in paragraph (5),
for the word “Minister” (twice occurring) there shall be
substituted the words “Management Board”.
31 Article
53 amended
In Article 53 of the principal Order, in paragraph (2)(b),
for the word “Minister” there shall be substituted the words
“Management Board”.
32 Article
54 amended
In Article 54 of the principal Order, in paragraph (8),
for the word “Minister” there shall be substituted the words
“Management Board”.
33 Article
56 amended
In Article 56 of the principal Order, in paragraph (2)(b),
for the words “5 years” there shall be substituted the words
“2 years”.
34 Article
61 amended
In Article 61 of the principal Order, in paragraph (7)(a),
for the words “5 years” there shall be substituted the words
“2 years”.
35 Article
62 amended
In Article 62 of the principal Order, in paragraph (2),
for the words “5 years” there shall be substituted the words
“2 years”.
36 Article
63 amended
In Article 63 of the principal Order, in paragraph (2)(a),
for the word “Minister” there shall be substituted the words
“Management Board”.
37 Article
66 amended
In Article 66 of the principal Order, in paragraph (b),
for the word “Minister” there shall be substituted the words
“Management Board”.
38 Article
67 amended
In Article 67 of the principal Order, in paragraph (1),
for the word “Minister” there shall be substituted the words
“Management Board”.
39 Article
68 amended
In Article 68 of the principal Order, in paragraphs (4), (5)
and (6), for the word “Minister” there shall be substituted the
words “Management Board”.
40 Article
69 amended
In Article 69 of the principal Order for the word “Minister”
(twice occurring) there shall be substituted the words “Management
Board”.
41 Article
70 amended
In Article 70 of the principal Order, in paragraph (2)(a)
and (b), for the word “Minister” there shall be substituted the
words “Management Board”.
42 Article
71 amended
In Article 71 of the principal Order, for paragraph (4)(b)
there shall be substituted the following sub-paragraph –
“(b) if the teacher was employed
in reckonable service for –
(i) at
least 3 years – the highest annual average of the amount received
by the teacher during 3 consecutive years of being employed in reckonable
service, or
(ii) more
than 2 but less than 3 years – the highest annual average of
the amount received by the teacher during any 2 consecutive years of being
employed in reckonable service,
being a period ending not
more than 10 years before the date when the teacher ceased to be so
employed.”.
43 Article
72 amended
In Article 72 of the principal Order, in paragraph (1)(d),
for the word “Minister” there shall be substituted the words
“Management Board”.
44 Article
73 amended
In Article 73 of the principal Order –
(a) in
paragraph (4)(a)(ii) –
(i) for
the words “determined by the Minister” there shall be substituted
the words “determined by the Management Board”,
(ii) for
the words “an actuary appointed by the Minister” there shall be
substituted the words “the Actuary”;
(b) in
paragraphs (6) and (7), for the word “Minister” (wherever
occurring) there shall be substituted the words “Management Board”.
45 Article
76 amended
In Article 76 of the principal Order, in paragraphs (1), (2)
and (4), for the word “Minister” (wherever occurring) there shall
be substituted the words “Management Board”.
46 Article
77 amended
In Article 77 of the principal Order –
(a) for
the words “Article 79” there shall be substituted the words
“Articles 20 and 21 of the Administration Order”;
(b) for
the word “Minister” (wherever occurring) there shall be substituted
the words “Management Board”.
47 Part
4 deleted
Part 4 of the principal Order shall be deleted.
48 Article
83 amended
In Article 83 of the principal Order, in paragraphs (1) and (2),
for the words “Minister” (wherever occurring) and “his or
her” there shall be substituted the words “Management Board”
and “its”, respectively.
49 Article
84 amended
In Article 84 of the principal Order, in paragraphs (1) and
(5), for the word “Minister” (wherever occurring) there shall be
substituted the words “Management Board”.
50 Article
85 amended
In Article 85 of the principal Order, for the word
“Minister” (twice occurring) there shall be substituted the words
“Management Board”.
51 Article
86 amended
In Article 86 of the principal Order, in paragraph (3)(b),
for the word “Minister” there shall be substituted the words
“Management Board”.
52 Article
87 amended
In Article 87 of the principal Order for the word
“Minister” there shall be substituted the words “Management
Board”.
53 Article
88 amended
In Article 88 of the principal Order for the words
“Minister” and “Minister’s” there shall be
substituted the words “Management Board” and
“Board’s” respectively.
54 Article
89 amended
In Article 89 of the principal Order, in paragraph (1)(d),
for the words “Article 79” there shall be substituted the
words “Article 21 or 22 of the Administration Order”.
55 Article
90 substituted
For Article 90 of the principal Order there shall be
substituted the following Article –
This Order may be cited as
the Teachers’ Superannuation (Existing Members) (Jersey) Order
1986.”.
56 Schedule
1 amended
In Schedule 1 to the principal Order –
(a) in
Part 1, in paragraphs 5(1) and (2) and 6(8), for the word
“Minister” (wherever occurring) there shall be substituted the
words “Management Board”;
(b) in
Part 2, in paragraph 3(2), for the word “Minister” there
shall be substituted the words “Management Board”.
57 Schedule
2 amended
In Schedule 2 to the principal Order, in the notes to the Schedule,
in notes 1 and 2, for the word “Minister” (wherever occurring)
there shall be substituted the words “Management Board”.
58 Schedule
4 amended
In Schedule 4 to the principal Order, in paragraphs 3, 4(1) and
(2), 5(1), (2) and (3) and the table to paragraph 6, for the word
“Minister” (wherever occurring) there shall be substituted the
words “Management Board”.
59 Schedule
5 deleted
Schedule 5 to the principal Order shall be deleted.
60 Transitional
provisions
(1) All
rights enjoyed and liabilities incurred by the Minister in connection with a
function of the Minister transferred to the Management Board by virtue of an
amendment made by this Order to a provision of the principal Order, as in force
immediately before this Order came into force, shall be transferred to the
Management Board and become the rights and liabilities of the Management Board.
(2) A
provision of a contract or other instrument that specifies that a right or
liability of the Minister is incapable of transfer shall, to the extent that it
applies to a right or liability transferred by paragraph (1), be of no effect.
(3) The
operation of paragraph (1) shall not be regarded –
(a) as
a breach of contract or confidence or otherwise as a civil wrong;
(b) as
a breach of any contractual provision prohibiting, restricting or regulating
the assignment or transfer of rights or liabilities; or
(c) as
giving rise to any remedy by a party to a contract or other instrument, as an
event of default under any contract or other instrument or as causing or
permitting the termination of any contract or other instrument, or of any
obligation or relationship.
(4) In the
construction of, and for the purposes of, any judgment, award, contract,
certificate or other document passed or made before this Order comes into
force, anything that is, or is to be construed as, a reference to the Minister
or an officer of an administration of the States to which the Minister is
assigned responsibility shall, so far only as may be necessary for and in
consequence of the transfers of functions effected by this Order, be construed
as a reference to the Management Board.
(5) The
amendments effected by this Order in relation to the transfer of any function
or power of the Minister shall not prejudice the operation of any appointment,
delegation, determination, direction, instruction, approval, consent,
requirement, authorization or other thing that is, before this Order comes into
force, made, given or done by the Minister in relation to the functions, rights
and liabilities so transferred, but such matter shall, if then in force,
continue in force to the like extent and subject to the like provisions as if
it had been duly made, given or done by the Management Board.
(6) Anything
commenced before this Order comes into force by or under the authority of the Minister
may, so far as it relates to the functions, rights, or liabilities transferred
by this Order, be carried on and completed by or under the authority of the Management
Board.
(7) Where,
at the coming into force of this Order, any legal proceeding is pending –
(a) to
which the Minister is a party by virtue of the Law or the principal Order; and
(b) that
has reference to any of the functions, rights, or liabilities transferred by
this Order,
the Management Board shall be substituted in the proceeding for the Minister
and the proceeding shall not abate by reason of the substitution.
61 Citation
and commencement
(1) This
Order may be cited as the Teachers’ Superannuation (General Provisions)
(Amendment No. 3) (Jersey) Order 2007.
(2) This
Order shall come into force on the day on which the Teachers’
Superannuation (New Members) (Jersey) Order 2007 comes into force.
senator f.h. walker
Chief Minister