R&O – 56/2004
Public Employees
(Contributory Retirement Scheme) (Existing Members) (Amendment No. 7) (Jersey) Regulations 2004
Made 8th June 2004
Coming into force 1st
July 2004
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement)
(Jersey) Law 1967,[1] have made the following
Regulations –
1 Interpretation
In these Regulations “principal
Regulations” means the Public
Employees (Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989.[2]
2 Regulation
1 amended
In Regulation 1(1) of the principal Regulations, in the definition
of “employee” for the words “one year and one day”
there shall be substituted the words “6 months”.
3 Regulation
2 amended
In Regulation 2 of the principal Regulations –
(a) for
paragraph (11)(a) there shall be substituted the following
sub-paragraphs –
“(a) Sub-paragraph (aa) applies
where a member is re-admitted to the scheme in accordance with the provisions
of paragraph (10) and –
(i) he
is entitled to a deferred pension in respect of such previous period of
membership (or to any corresponding deferred lump sum if the previous period of
membership was under the Former Hospital Scheme Regulations) and has requested
to waive such entitlement, or
(ii) he
is not so entitled as mentioned in clause (i) and has neither elected to
receive a refund of his contributions under Regulation 8(3) nor received nor is
due to receive such a refund under Regulation 8(5), nor has a transfer value
been paid in respect of him.
(aa) Subject to the provisions of Regulation 16 of the
General Regulations, if a member to whom this sub-paragraph applies so
requests, he shall have his pensionable service and qualifying service after
the date of re-admittance treated as continuous with his respective previous
periods of pensionable service and qualifying service, and any entitlement to a
deferred pension, deferred lump sum, refund of contributions or transfer value as
mentioned in sub-paragraph (a) shall cease in respect of that member.”;
and
(b) in
paragraph (11)(c) for the words “sub-paragraphs (a) and (b)” there
shall be substituted the words “sub-paragraphs (aa) and (b)”.
4 Regulation
8 amended
In Regulation 8 of the principal Regulations –
(a) in
paragraph (3)(d) for the words “Regulation 2(11)(a)” there shall be
substituted the words “Regulation 2(11)(aa)”; and
(b) in
paragraph (5) after the words “in respect of him” there shall be
inserted the words “or if he has within such period requested for his
service to be treated as continuous with any previous period of service in
accordance with Regulation 2(11)(aa)”.
5 Citation
and commencement
These Regulations may be cited as the Public Employees (Contributory
Retirement Scheme) (Existing Members) (Amendment No. 7) (Jersey) Regulations
2004 and shall come into force on 1st July 2004.
M.N. DE LA HAYE
Greffier of the States.
[1] Recueil des Lois, Volume 1966-1967, page
528, Volume 1988-1989, pages 25 and 26, and Volume 1994-1995, pages 121 and
427.
[2] Nos. 7954, 8444, 8806, 8884, 9249, 63/2000 and 169/2002.