Public Employees (Pensions)
(Deferred Pensions, Transfer Payments and Refund of Contributions)
(Miscellaneous Amendments) (Jersey) Regulations 2017
Made 30th November 2017
Coming into force 7th
December 2017
THE STATES, in pursuance of Article 2 of the Public Employees (Retirement)
(Jersey) Law 1967[1] and Article 2 of, and the
Schedule to, the Public Employees (Pensions) (Jersey) Law 2014[2], have made the following
Regulations –
1 Regulation 8 of the Public Employees
(Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989 amended
In Regulation 8 of the Public Employees
(Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989[3] –
(a) for
paragraph (1) there is substituted the following paragraph –
“(1) Where a member ceases to be
an employee, he or she shall be entitled –
(a) to
a deferred pension calculated in accordance with Regulation 5 and payable
from the attainment of the age of 60 years or normal retiring age, if
earlier;
(b) to
apply for a transfer payment out of the fund under Regulation 22 of the
Administration Regulations; or
(c) only
if he or she has completed less than 5 years’ qualifying service, to
a refund of his or her contributions calculated in accordance with
paragraph (3).”;
(b) paragraph (2)
is deleted;
(c) in
paragraph (3), for the words “a member to whom paragraph (2)
applies” there are substituted the words “a member to whom
paragraph (1)(c) applies”.
2 Regulation 8
of the Public Employees (Contributory Retirement Scheme) (Former Hospital
Scheme) (Jersey) Regulations 1992 amended
In Regulation 8 of the Public Employees (Contributory Retirement
Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992[4] –
(a) in
paragraph (1), for the words commencing with “Where a member who has
completed not less than 10 years’ qualifying service” and
ending with the words “the member” there are substituted the words
“Where a member ceases to be an employee, he or she”;
(b) paragraph (2)
is deleted.
3 Public
Employees (Contributory Retirement Scheme) (Jersey) Regulations 1967 amended
(1) For
Regulation 11 of the Public Employees (Contributory Retirement Scheme)
(Jersey) Regulations 1967[5] there is substituted the
following Regulation –
“11 Deferred
pension or transfer payment
Where a contributory member
ceases to hold employment with the States, he or she shall be entitled –
(a) to a deferred retirement pension payable on
his or her attaining normal retiring age calculated in accordance with
Regulation 7(2); or
(b) to apply for a transfer payment out of the
fund under Regulation 22 of the Administration Regulations.”.
(2) Regulations 17(c),
18(c), 19(c), 20(1)(e) and (2)(e), and 20A(e) of the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967 are deleted.
4 Regulation 8
of the Public Employees (Contributory Retirement Scheme) (New Members) (Jersey)
Regulations 1989 amended
In Regulation 8 of the Public Employees (Contributory
Retirement Scheme) (New Members) (Jersey) Regulations 1989[6] –
(a) for
paragraph (1) there is substituted the following paragraph –
“(1) This Regulation applies to a
member who ceases to be an employee.”;
(b) in
paragraph (1A), for the words “member to whom paragraph (1)
applies” there are substituted the words “member to whom this
Regulation applies”;
(c) in
paragraph (1A)(a)(ii), for the words “years; or” there is
substituted the word “years;”;
(d) in paragraph (1A)(b),
for the word “Regulations.” there are substituted the words
“Regulations; or”;
(e) after
paragraph (1A)(b) there is added the following sub-paragraph –
“(c) only if he or she has completed less than 5 years’
qualifying service, to a refund of his or her contributions calculated in
accordance with paragraph (3).”;
(f) in
paragraph (3), for the words “a member to whom paragraph (2)
applies” there are substituted the words “a member to whom paragraph (1A)(c)
applies”;
(g) paragraphs (2)
and (7) are deleted.
5 Regulation 19
of the Public Employees (Pension Scheme) (Membership and Benefits) (Jersey)
Regulations 2015 amended
In Regulation 19 of the Public Employees (Pension Scheme)
(Membership and Benefits) (Jersey) Regulations 2015[7] –
(a) for
paragraph (1) there is substituted the following paragraph –
“(1) This paragraph applies to an
active member who leaves Scheme employment having completed less than
5 years pensionable service including any earlier aggregated periods of
service recorded within that member’s active member pension record.”;
(b) for
paragraph (2)(a) there is substituted the following
sub-paragraph –
“(a) to a deferred pension once
that member becomes so eligible under Regulation 29(5) or (6);”;
(c) for
paragraph (4) there is substituted the following paragraph –
“(4) This paragraph applies to an
active member who leaves Scheme employment having completed at least
5 years pensionable service including any earlier aggregated periods of
service recorded within that member’s active member pension
record.”.
6 Citation
and commencement
These Regulations may be cited as the Public Employees (Pensions) (Deferred
Pensions, Transfer Payments and Refund of Contributions) (Miscellaneous Amendments)
(Jersey) Regulations 2017 and shall come into force 7 days after the
day they are made.
l.-m. hart
Deputy Greffier of the States