Public Employees (Pension
Scheme) (Transitional Provisions, Savings and Consequential Amendments)
(Jersey) Regulations 2015
PART 1
INTERPRETATION
1 Interpretation
(1) In these Regulations,
unless the context indicates otherwise –
“1967 Regulations”
means the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967;
“1967 Scheme” has the meaning given in Article 1(1)
of the Law;
“1967 Scheme employer” means an employer who –
(a) is
admitted to the 1967 Scheme under repealed Regulation 9 of the General
Regulations; or
(b) is
treated as if admitted to the 1967 Scheme under any enactment which
provides for that employer to become an employer for the purposes of that
scheme in respect of members of that scheme whose employment with the States
Employment Board is transferred to that employer;
“1967 Scheme Regulations” has the meaning given in Article 1(1)
of the Law;
“1967 Scheme retirement benefits” shall be
construed in accordance with Regulation 7(1);
“1992 Regulations” means the Public Employees
(Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey)
Regulations 1992;
“active member” means a person who is in Scheme
employment and becomes a member of the Scheme under Regulation 2, 3(2)(a)
or (c), or 4;
“Actuary” means a person appointed in accordance with Regulation 10
of the Administration Regulations, to give actuarial advice in respect of the
fund;
“added years” means, with effect from 1st January 2019,
such period of additional pensionable service as may be granted to a member on
account of an employer-initiated pensionable earnings reduction and awarded by
way of compensation under Regulation 9A;
“Administration Regulations” means the Public Employees (Pension
Scheme) (Administration) (Jersey) Regulations 2015;
“Administrator” shall be construed in accordance with Regulation 19
of the Administration Regulations;
“admission agreement” means an agreement between the
Minister and a 1967 Scheme employer or such an employer admitted to
the Scheme under Regulation 16(1), which sets out the terms upon which
that employer is admitted to the 1967 Scheme or the Scheme, as the
case may be;
“Airport Rescue and Firefighting Service” has the
meaning given in Article 1 of the Fire and Rescue Service Law;
“air traffic control unit” has the meaning given in Article 1(1)
of the Air Navigation (Jersey)
Law 2014;
“annual pension increase” has the meaning given in Regulation 8
of the Funding and Valuation Regulations;
“certificate” means a certificate obtained by the
Committee from the Actuary as to the amounts to be contributed by a 1967 Scheme
employer in relation to that scheme, in accordance with repealed Regulation 9(1)(c)(i)
of the General Regulations;
“Committee” means the “Committee of Management”
construed in accordance with Article 4 of the Law and Regulation 2 of
the Administration Regulations;
“continuing member of the 1967 Scheme” shall
be construed in accordance with Regulation 3(2)(b);
“contributing member of the 1967 Scheme” means –
(a) a
“contributory member” within the meaning of Regulation 4 of
the 1967 Regulations;
(b) a
“category A member” and a “category B member”
within the meaning of Regulation 1 of the Existing Members Regulations or Regulation 1
of the New Members Regulations;
(c) a
“category C” member within the meaning of Regulation 1 of
the New Members Regulations;
(d) a
“member” within the meaning of Regulation 1 of the Existing
Members Regulations or Regulation 1 of the New Members Regulations, who is
not a category A, category B or category C member; and
(e) a
“member” within the meaning of Regulation 1 of the 1992 Regulations;
“employer” means the States Employment Board or an
admitted employer within the meaning of Regulation 1 of the Membership and
Benefits Regulations;
“employer-initiated pensionable earnings reduction”
means, with effect from 1st January 2019, in relation to a transition
member’s pensionable earnings, the application of a reduction to those
earnings on or after the transition date by an employer as a result
of –
(a) a
workforce or other organisational restructure affecting that member’s
employment; or
(b) a
re-evaluation of any salary scale or structure that may apply in respect of
that member’s employment;
“Existing Members Regulations” means the Public Employees
(Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989;
“Fire and Rescue Service Law” means the Fire and Rescue Service
(Jersey) Law 2011;
“Funding and Valuation Regulations” means the Public Employees (Pension Scheme)
(Funding and Valuation) (Jersey) Regulations 2015;
“General Regulations” means the Public Employees
(Contributory Retirement Scheme) (General) (Jersey) Regulations 1989;
“ill-health retired member” means a person in receipt of
a pension under the relevant 1967 Scheme ill-health retirement Regulations
within the meaning of Regulation 13(1);
“Independent Occupational Health Adviser” means a person
who is appointed by the States Employment Board (the “Board”) for
the purpose of enabling the Board to discharge its function of ensuring the
health, safety and well-being of States’ employees under
Article 8(1)(c) of the Employment of States of
Jersey Employees (Jersey) Law 2005;
“Law” means the Public Employees (Pensions)
(Jersey) Law 2014;
“member of the 1967 Scheme” means a
contributing member of that scheme;
“Membership and Benefits Regulations” means the Public
Employees (Pension Scheme) (Membership and Benefits) (Jersey)
Regulations 2015;
“Minister” means the Chief Minister;
“New Members Regulations” means the Public Employees
(Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989;
“pension administration strategy” means a written
statement of policies, procedures and obligations governing the administration
of the respective schemes, prepared under Regulation 20 of the Administration
Regulations;
“pensioner member” shall be construed in accordance with
Regulation 12 of the Membership and Benefits Regulations;
“pensionable earnings reduction date” means, with effect
from 1st January 2019, the date an employer-initiated pensionable
earnings reduction is applied;
“pensionable earnings” has, with effect from
1st January 2019, the same meaning as in Regulation 4 of the Membership
and Benefits Regulations;
“pensionable service” means a period of employment
computed in years and complete days which qualifies a person to accrue
retirement benefits under the respective schemes;
“prison officer” has the meaning given in Article 1(1)
of the Prison (Jersey) Law 1957;
“relevant date” has the meaning given in Regulation 9(1);
“respective schemes” has the meaning given in Article 1(1)
of the Law, and “schemes” shall be construed accordingly;
“Scheme” means the Public Employees Pension Scheme
referred to in Article 2(1) of the Law;
“Scheme employment” means employment by virtue of which
a person is eligible to be an active member of the Scheme;
“Scheme retirement benefits” and “1967 Scheme
retirement benefits” shall be construed in accordance with Regulation 8;
“transition date” means 1st January 2019, or in relation
to a continuing member of the 1967 Scheme in respect of whom Regulation 4
applies, the date that member changes his or her employment;
“transition member” means a person who becomes an active
member of the Scheme under Regulation 2, 3(2)(a) or (c) or 4, or who
elects to be treated as a transition member under Regulation 13(5);
“uniformed member” in relation to the Scheme has the
same meaning as in Regulation 1 of the Membership and Benefits Regulations;
“uniformed service” means –
(a) the
Airport Rescue and Firefighting Service;
(b) the
air traffic control unit maintained at Jersey Airport;
(c) persons
employed under the Employment of States of
Jersey Employees (Jersey) Law 2005 for the purposes of
discharging the States of Jersey’s ambulance service;
(d) the
person employed as the prison Governor or persons employed as prison officers
for the purposes of the Prison (Jersey) Law 1957;
(e) the
States of Jersey Fire and Rescue Service (within the meaning of Article 3
of the Fire and Rescue Service Law);
(f) the
States Police Force (within the meaning of Article 1 of the States of Jersey Police Force
Law 2012);
“valuation” has the meaning given in Regulation 3(1)
of the Funding and Valuation Regulations.[1]
(2) In these
Regulations –
(a) where
a word or expression is used in relation to the 1967 Scheme
Regulations, that word or expression is to be construed in accordance with the
meaning given to it in those Regulations; and
(b) the
expressions “normal retiring age”, and with effect from 1st January
2019 “salary”, when used in relation to a transition member, have
the meaning assigned to those expressions under whichever of the 1967 Scheme
Regulations applied to that member immediately before the transition date.[2]
(3) Any reference in these
Regulations to repealed Regulation 5, 7, 9, 9A, 9B or 11 of the General
Regulations (or any provision of those Regulations) is a reference to those
Regulations (or provision of those Regulations) as they were in force
immediately prior to their repeal by paragraph 3(4) of Schedule 1 to
these Regulations.
PART 2
MEMBERSHIP
2 Automatic
membership of the Scheme on 1st January 2019[3]
(1) This Regulation applies
to the following description of contributing members of the
1967 Scheme –
(a) in
relation to the 1967 Regulations, a contributory member in respect of whom
Regulation 17, 18, 19, 20 or 20A of those Regulations does not apply, and
who as at the day before 1st January 2019 has not attained the age of 58
in the case of a man, or the age of 53 in the case of a woman;
(b) in
relation to the Existing Members Regulations or New Members Regulations, a
member who is not a category A, category B or category C member
and who as at the day before 1st January 2019 has not attained the age of 58;
(c) in
relation to the New Members Regulations, a member who is –
(i) a category A
member and who as at the day before 1st January 2019 has not attained the age
of 48, or
(ii) a
category B or category C member and who as at the day before 1st
January 2019 has not attained the age of 53; and
(d) in
relation to the 1992 Regulations, a member who as at the day before 1st
January 2019 has not attained the age of 58 in the case of a man, or the
age of 53 in the case of a woman.[4]
(2) On 1st January 2019, a
member of the 1967 Scheme in respect of whom this Regulation applies
shall –
(a) cease
to be a member of the 1967 Scheme, and shall cease to accrue retirement
benefits under that scheme; and
(b) become
an active member of the Scheme.[5]
3 Optional
membership of the Scheme
(1) This Regulation applies
to a contributing member of the 1967 Scheme not falling within a
description specified in Regulation 2(1).
(2) A person in respect of
whom this Regulation applies, who before 1st January 2019 –
(a) opts
not to remain a member of the 1967 Scheme, shall on 1st January 2019 –
(i) cease to be a
member of the 1967 Scheme, and shall cease to accrue retirement benefits
under that scheme, and
(ii) become
an active member of the Scheme;
(b) opts
to remain a member of the 1967 Scheme –
(i) shall not, except
where that member has ceased to be an employee on or after 1st January 2019, be
eligible to become an active member of the Scheme on or after 1st January 2019,
and
(ii) shall
for the purposes of Scheme Regulations, be referred to as a “continuing
member of the 1967 Scheme”; or
(c) has not
exercised either of the options referred to in sub-paragraphs (a) and (b),
shall be taken to have opted not to remain a member of the 1967 Scheme,
and sub-paragraph (a) shall apply in respect of that member.[6]
4 Change
of category of membership by a continuing member of the 1967 Scheme
(1) This Regulation applies
to a continuing member of the 1967 Scheme.
(2) For the purposes of
this Regulation –
(a) a
“uniformed member” in relation to a continuing member of the
1967 Scheme means –
(i) a member under
the 1967 Regulations in respect of whom Regulation 17, 18, 19, 20 or
20A of those Regulations applies, or
(ii) a
category A, category B or category C member under the Existing
Members Regulations or New Members Regulations;
(b) an
“ordinary member” in relation to a continuing member of the
1967 Scheme means –
(i) a member under
the 1967 Regulations in respect of whom Regulation 17, 18, 19, 20 or
20A of those Regulations does not apply,
(ii) a
member who is not a category A or category B member under the Existing
Members Regulations or New Members Regulations, or a member who is not a
category C member under the New Members Regulations, or
(iii) a
member in respect of whom the 1992 Regulations apply; and
(c) an
“ordinary member” in relation to the Scheme has the same meaning as
in Regulation 1 of the Membership and Benefits Regulations.
(3) If a uniformed member in
respect of whom this Regulation applies changes employment in consequence of
which he or she ceases to be eligible to be a uniformed member, that member
shall cease to be a continuing member of the 1967 Scheme and shall become
an ordinary member of the Scheme.
(4) If an ordinary member
to whom this Regulation applies changes employment in consequence of which he or
she is eligible to become a uniformed member, that member shall cease to be
continuing member of the 1967 Scheme and shall become a uniformed member
of the Scheme.
(5) Retirement benefits
accrued under the 1967 Scheme before the transition date shall, for the
purposes of Article 10(7) of the Law, be regarded as pension rights
accrued as at that date and for the purposes of Article 11(3) of the Law
those retirement benefits shall be calculated as at that date in accordance
with Article 11(2)(b) of the Law and Regulation 9 or, with effect from
1st January 2019, Regulation 9B notwithstanding that the member
became a member of the Scheme after 1st January 2019.[7]
PART 3
TRANSITIONAL PROVISIONS
Transition members: benefits etc.
5 Additional
voluntary contributions
(1) The payment of
additional voluntary contributions under the Existing Members Regulations or
New Members Regulations shall cease on the day before the transition date.
(2) The added years to
which a transition member is entitled by reason of the contributions referred
to in paragraph (1), shall be added to the pensionable service accrued by
that transition member whilst he or she was a member of the 1967 Scheme.
(3) The Administrator shall
within 3 months following the date that the payment of additional
contributions ceases under paragraph (1), supply the transition member
with a statement setting out the amount of additional pensionable service that
he or she has accrued under the 1967 Scheme by reason of the additional
voluntary contributions the member has paid under that scheme.
6 Payments
on or after the transition date
Any salary or pensionable allowance paid to a transition member, or
contribution paid by a transition member on or after the transition date which
relates to that transition member’s employment whilst he or she was a
member of the 1967 Scheme, shall be dealt with in accordance with whichever
of the 1967 Scheme Regulations applied to that transition member immediately
before the transition date.
7 Retirement
benefits
(1) A transition member is
entitled to receive payment of his or her retirement benefits accrued under the
1967 Scheme (“1967 Scheme retirement benefits”), in
accordance with this Regulation.
(2) Unless earlier payment
has been received in accordance with the provisions of this Regulation, a
transition member on attaining his or her normal retiring age is entitled to
the immediate payment of his or her 1967 Scheme retirement benefits
calculated in accordance with –
(a) whichever
of the 1967 Scheme Regulations applied to that member immediately before
the transition date; and
(b) Regulation 9
or, with effect from 1st January 2019, Regulation 9B for the
purpose of calculating final pensionable earnings as at the relevant date.[8]
(3) This paragraph applies
to a transition member who under the 1967 Scheme Regulations is entitled
to the payment of his or her 1967 Scheme retirement benefits (with or
without actuarial reduction) from an age earlier than his or her normal
retiring age.
(4) A transition member in
respect of whom paragraph (3) applies may, upon attaining the earlier age
referred to in paragraph (3), apply to the Administrator upon leaving
Scheme employment, for the immediate payment of his or her 1967 Scheme
retirement benefits calculated in accordance with –
(a) whichever
of the 1967 Scheme Regulations applied to that member immediately before
the transition date; and
(b) Regulation 9
or, with effect from 1st January 2019, Regulation 9B for the
purpose of calculating final pensionable earnings as at the relevant date.[9]
(5) This paragraph applies
to a transition member who is a prison officer who has attained age 55 and
who immediately 1st January 2019 was –
(a) a
category A member of the 1967 Scheme employed as a prison officer
before 1st February 2013; or
(b) a
prison officer in respect of whom Regulation 20A of the 1967 Regulations
applied.[10]
(6) A transition member in
respect of whom paragraph (5) applies, is entitled to the immediate
payment of his or her 1967 Scheme retirement benefits calculated in
accordance with –
(a) whichever
of the 1967 Scheme Regulations (referred to in paragraph (5)) applied
to that member immediately 1st
January 2019; and
(b) Regulation 9
or, with effect from 1st January 2019, Regulation 9B for the
purpose of calculating final pensionable earnings as at the relevant date, and
age 55 shall be taken to be normal retiring age for the purposes of the
relevant date described in Article 11(2)(b)(i) of the Law.[11]
(7) This paragraph applies
to a transition member who –
(a) has
accrued a deferred pension under the 1967 Scheme in relation to a period
of pensionable service under that scheme in respect of which that transition member
ceased to be an employee;
(b) on
re-admittance to the 1967 Scheme has not requested that his or her
previous period of pensionable service be treated as continuous with his or her
subsequent period of pensionable service; and
(c) is in
Scheme employment as at the date he or she would otherwise have become entitled
to payment of his or her deferred pension under the 1967 Scheme, had that
member not become a transition member.
(8) A transition member in
respect of whom paragraph (7) applies, is entitled to apply to the
Administrator for the immediate payment of his or her 1967 Scheme deferred
pension calculated –
(a) in
accordance with whichever of the 1967 Scheme Regulations applied to that
member immediately before the transition date (with or without any actuarial
reduction, as the case may be, and including any increase applied under
repealed Regulation 11 of the General Regulations);
(b) as at
the date the member ceased to be an employee in respect of that previous period
of pensionable service under the 1967 Scheme; and
(c) with
any annual pension increase applied to that pension, from 1st January 2016 to the date of its
payment, in accordance with Regulation 8 or 12(2)(a) of, and paragraph 2
of Schedule 1, to the Funding and Valuation Regulations.[12]
(9) A transition member in
respect of whom a terminal illness lump sum is payable under Regulation 33
of the Membership and Benefits Regulations, or an ill-health pension is payable
under Regulation 36 of those Regulations, shall at the same time as that
lump sum or pension is paid, receive payment of his or her 1967 Scheme
retirement benefits as if he or she had attained his or her normal retiring age
as at the date of payment of those benefits, calculated in accordance with –
(a) whichever
of the 1967 Scheme Regulations applied to that member immediately before
the transition date; and
(b) Regulation 9
or, with effect from 1st January 2019, Regulation 9B for the
purpose of calculating final pensionable earnings as at the relevant date.[13]
(10) Where a transition member is
entitled to receive payment of Scheme retirement benefits by reason of
voluntary early retirement under Regulation 30 of the Membership and
Benefits Regulations, that member shall also be entitled to payment of his or
her 1967 Scheme retirement benefits and –
(a) Regulation 8
of the General Regulations shall apply for the purposes of the calculation of
the 1967 Scheme retirement benefits; and
(b) Regulation 9
or, with effect from 1st January 2019, Regulation 9B of these
Regulations shall apply for the purpose calculating final pensionable earnings
as at the relevant date.[14]
(11) A transition member who
leaves Scheme employment before he or she is entitled to the payment of
retirement benefits under the 1967 Scheme shall –
(a) continue
to be entitled to a deferred pension under whichever of the 1967 Scheme
Regulations applied to that member immediately before the transition date, and
which when payable under those Regulations, shall be calculated in accordance
with Regulation 9 or, with effect from 1st January 2019,
Regulation 9B for the purpose calculating final pensionable earnings as at
the relevant date; or
(b) be
entitled to a transfer payment out of the fund in accordance with Regulation 22
of the Administration Regulations and Regulation 15(1) of these
Regulations.[15]
(12) Unless an election as
required under Regulation 15 of the Existing Members Regulations or
Regulation 15 of the New Members Regulations, as the case may be, has been
made before the transition date, the calculation of 1967 Scheme retirement
benefits referred to in paragraphs (2)(a), (4)(a), (6)(a), (8)(a), (9)(a),
(10)(a) or (11)(a), shall not include an adjustment under Regulation 15 of
those respective Regulations, as the case may be.
8 Conversion
of 1967 Scheme retirement benefits into lump sum
(1) This Regulation applies
to a transition member who was a member of the 1967 Scheme under the Existing
Members Regulations or New Members Regulations.
(2) A transition
member –
(a) who falls
within one of the descriptions of members specified in Regulation 31(1) of
the Membership and Benefits Regulations; and
(b) in
respect of whom Regulation 7(2), (3), (5)(a), (7), (9) (10) or (11)(a)
applies,
may apply to the Administrator to exchange up to 30% of his or her
1967 Scheme retirement benefits for a lump sum payment.
(3) Regulation 31 of the
Membership and Benefits Regulations shall apply for the purposes of that
exchange.
9 Calculation
of final pensionable earnings
(1) In this Regulation and,
with effect from 1st January 2019, Regulation 9B “relevant
date” means in relation to a transition member –
(a) a
date ending at any of the points described in Article 11(2)(b) of the Law which
applies in respect of that transition member; or
(b) the
date of the transition member’s death.[16]
(1A) With effect from 1st January 2019,
this Regulation does not apply to a transition member awarded added years under
Regulation 9A, and Regulation 9B is to apply instead for the purposes
of calculating the member’s final pensionable earnings by reference to
the relevant date.[17]
(2) This paragraph applies
to a transition member who was a member of the 1967 Scheme under the Existing
Members Regulations or New Members Regulations.
(3) With effect from 1st
January 2019, where paragraph (2) applies, a transition member’s
final pensionable earnings for the purposes of Article 11(2)(b), (3) and
(4)(a) of the Law, must be calculated by reference to –
(a) in
the case of a transition member who has completed 10 or more years’
pensionable service under the Scheme, the highest of that member’s
pensionable earnings over 365 consecutive days in the 10 years prior
to, and ending on the relevant date;
(b) in
the case of a transition member who has completed less than
10 years’ pensionable service under the Scheme but 10 or more
years’ pensionable service in aggregate under the respective schemes, the
highest of that member’s pensionable earnings or salary over
365 consecutive days in the 10 years prior to, and ending on the
relevant date; or
(c) in
the case of a transition member who has completed less than
10 years’ pensionable service in aggregate under the respective
schemes, the highest of that member’s pensionable earnings or salary over
365 consecutive days beginning with the year in which the transition member
commenced his or her last or only period of employment, and ending on the
relevant date.[18]
(4) This paragraph applies
to a transition member who was a member of the 1967 Scheme under the
1967 Regulations or 1992 Regulations.
(5) Where paragraph (4)
applies, a transition member’s final pensionable earnings for the
purposes of Article 11(2)(b), (3) and (4)(a) of the Law, shall be
calculated by reference to the average of that member’s pensionable
earnings in the 3 years prior to, and ending on the relevant date.
9A Award
of compensatory added years[19]
(1) With effect from
1st January 2019, this Regulation has effect where an
employer-initiated pensionable earnings reduction is applied.
(2) The employer must, by
way of compensation for the detriment caused to that member’s 1967 Scheme
retirement benefits as a result of the reduction, award the member with such
added years of pensionable service as is determined by the Actuary having regard,
amongst other things, to –
(a) the
amount of pensionable service accrued by the member, under the respective
schemes; and
(b) the
member’s pensionable earnings received before the pensionable earnings
reduction date, and on and after that date.
9B Calculation
of final pensionable earnings where Regulation 9A applies[20]
(1) With effect from
1st January 2019, this Regulation applies where a transition member
is awarded added years under Regulation 9A.
(2) This paragraph applies
to a transition member who was a member of the 1967 Scheme under the Existing
Members Regulations or New Members Regulations.
(3) Where paragraph (2)
applies, a transition member’s final pensionable earnings for the
purposes of Article 11(2)(b), (3) and (4)(a) of the Law, must be
calculated by reference to –
(a) in
the case of a transition member who has had an employer-initiated pensionable
earnings reduction applied 10 or more years before the relevant date, the
highest of that member’s pensionable earnings received over
365 consecutive days in the 10 years prior to, and ending on the
relevant date;
(b) in
the case of a transition member who has had an employer-initiated pensionable earnings
reduction applied less than 10 years, but more than one year before the
relevant date the highest of that member’s pensionable
earnings received over 365 consecutive days in the period commencing on
the pensionable earnings reduction date, and ending on the relevant date; or
(c) in the case of a transition member who has had an employer-initiated pensionable earnings reduction
applied one year or less before the relevant date, the whole year
equivalent of that member’s pensionable earnings received on and after
the pensionable earnings reduction date, and ending on the relevant date.
(4) This paragraph applies
to a transition member who was a member of the 1967 Scheme under the
1967 Regulations or 1992 Regulations.
(5) Where paragraph (4)
applies, a transition member’s final pensionable earnings for the
purposes of Article 11(2)(b), (3) and (4)(a) of the Law, must be
calculated by reference to –
(a) in
the case of a transition member who has had an employer-initiated pensionable
earnings reduction applied 3 or more years’ before the relevant date, the average
of that member’s pensionable earnings received over the 3 years
prior to, and ending on the relevant date;
(b) in
the case of a transition member who has had an employer-initiated pensionable earnings
reduction applied less than 3 years’, but more than one year before
the relevant date, the average of that member’s
pensionable earnings received in the period commencing on the pensionable
earnings reduction date, and ending on the relevant date; or
(c) in the case of a transition member who has had an employer-initiated pensionable earnings reduction
applied one year or less before the relevant date, the whole
year equivalent of that member’s pensionable earnings received on and
after the pensionable earnings reduction date, and ending on the relevant date.
10 Survivor
benefits
(1) In this Regulation
“1967 Scheme survivor benefits” means –
(a) in
the case of the 1967 Regulations, a widow’s pension or
children’s benefit payable under Regulation 8 or 9 of those
Regulations;
(b) in
the case of the 1992 Regulations –
(i) a pension payable
under Regulation 9(2) or (3), 10(2) or (3), 11 or 12(2) of those
Regulations, or
(ii) a
lump sum payable under Regulation 10(4) or 12(3) or (4) of those
Regulations; or
(c) in
the case of the Existing Members Regulations or New Members Regulations, a
pension payable under Regulation 9(3) to (7), 10(1) to (4), 11 or 12
of whichever of those Regulations apply in the person’s case.
(2) If
a transition member dies as an active, deferred or pensioner member of the
Scheme, his or her 1967 Scheme survivor benefits are payable in accordance
with whichever of the 1967 Scheme Regulations applied to that transition
member on the day before the transition date except that –
(a) where
a transition member dies as a pensioner in receipt of a pension under the
Existing Members Regulations or New Members Regulations (as the case may be),
the proviso in Regulation 11(1) (death of a pensioner) of those
Regulations, is not to have effect in relation to benefits payable under that
Regulation in respect of the transition member concerned;
(b) the
annual amount of 1967 Scheme survivor benefits payable under whichever of
the 1967 Scheme Regulations applied to that transition member, must be
calculated by reference to –
(i) pensionable
service accrued (under the 1967 Scheme) as at the day before the
transition date; and
(ii) final
pensionable earnings calculated in accordance with Regulation 9 or, with
effect from 1st January 2019, Regulation 9B.[21]
11 Extension
of 1967 Scheme survivor benefits to cohabiting partner[22]
(1) In this
Regulation –
(a) “1967 Scheme
survivor benefits” has the meaning given in Regulation 10(1)(c);
(b) “cohabiting
partner” shall be construed in accordance with Regulation 3 of the Membership
and Benefits Regulations.[23]
(2) This Regulation applies
to a transition member who was a member of the 1967 Scheme under the Existing
Members Regulations or New Members Regulations.
(3) Subject to paragraph
(4), the cohabiting partner of a transition member who is an active, deferred
or pensioner member of the Scheme (whether or not in receipt of his or her
1967 Scheme retirement benefits), is entitled to receive that transition
member’s 1967 Scheme survivor benefits.[24]
(4) Regulation 3(4) of the
Membership and Benefits Regulations applies for the purposes of
1967 Scheme survivor benefits payable to a cohabiting partner under this
Regulation.[25]
(5) For the purposes of
this Regulation any reference to a “spouse” or “civil
partner” in the Existing Members Regulations or New Members Regulations
is to be taken to include a reference to a cohabiting partner.[26]
12 Ill-health
pension – qualifying period etc. for purposes of the Scheme
For the purposes of the payment of an ill-health pension under
Regulation 36(2) of the Membership and Benefits Regulations –
(a) a transition
member’s period of service for the purposes of qualifying for retirement
benefits under the 1967 Regulations, or pensionable service under the 1992 Regulations,
the Existing Members Regulations or the New Members Regulations shall –
(i) count
towards the requirement in Regulation 36(2)(a) of the Membership and
Benefits Regulations, for an active member to have completed 2 or more years
pensionable service, and
(ii) be
added to the number of years of pensionable service accrued by that member
under the Scheme, for the purposes of calculating an enhanced level ill-health
pension under Regulation 38(3) of the Membership and Benefits Regulations;
(b) any medical report
produced before the transition date for the purposes of considering entitlement
to an ill-health pension under the 1967 Scheme, may be used for the
purposes of informing a decision under Regulation 37 of the Membership and
Benefits Regulations.
13 Ill-health
pension – 1967 Scheme
(1) In this Regulation
“relevant 1967 Scheme ill-health retirement Regulations” means
whichever of the following Regulations apply in respect of a transition member or
an ill-health retired member –
(a) Regulation 7(1)(c),
(5) and (6) of the 1967 Regulations;
(b) Regulation 7
of the Existing Members Regulations or New Members Regulations; or
(c) Regulation 7
of the 1992 Regulations.[27]
(2) This Regulation applies
to a transition member whose entitlement to retire before normal retiring age
and receive a pension under the relevant 1967 Scheme ill-health retirement
Regulations, was under consideration, but not determined before the transition date.
(3) A transition member
shall be entitled to receive a pension under the relevant 1967 Scheme
ill-health retirement Regulations provided the determination of that
entitlement is made by no later than the last calendar day of the 7th month
after the month beginning with the transition date.
(4) With
effect from the transition date, paragraphs (5) to (7) apply to an
ill-health retired member who –
(a) ceases
to receive a pension under the relevant 1967 Scheme ill-health retirement
Regulations;
(b) under
those Regulations accepts an offer of employment from an employer; and
(c) becomes,
on or after the transition date, an active member of the Scheme under
Regulation 8 of the Membership and Benefits Regulations.[28]
(5) An
ill-health retired member may, under this Regulation, elect to be treated as a
transition member for the purposes of these Regulations and be entitled to
receive payment of his or her retirement benefits accrued under the
1967 Scheme in accordance with Regulation 7, and calculated in accordance
with Regulation 9 or, with effect from 1st January 2019, Regulation 9B.[29]
(6) An
election under paragraph (5) must be made –
(a) before
the expiry of 3 months commencing with the date on which the ill-health
retired member accepts an offer of employment from an employer; and
(b) in
such form and manner as the Administrator specifies.[30]
(7) If
an ill-health retired member makes no such election, he or she is entitled to a
deferred pension under whichever of the 1967 Scheme Regulations applied to
that member immediately before he or she became an active member of the Scheme.[31]
13A Conversion of 1967 Scheme retirement benefits into lump
sum – terminal illness[32]
(1) This
Regulation applies to a transition member who is eligible to payment of an
ill-health pension under Regulation 36 of the Membership and Benefits
Regulations and who the Independent Occupational Health Adviser certifies as
having a life expectancy of 12 months or less.
(2) A
transition member may, under this Regulation, apply to the Administrator to
exchange the whole of his or her 1967 Scheme retirement benefits accrued
as at the day before the transition date, for a lump sum payment equal
to –
(a) 70% of the total amount
of those benefits multiplied by 5; and
(b) 30% of the balancing
amount of those benefits payable at the rate of £13.50 per £1 of
benefit exchanged.
(3) The
lump sum is to be paid immediately the transition member leaves Scheme
employment.
(4) A
lump sum payment under this Regulation will extinguish the transition
member’s rights to any other benefits under the 1967 Scheme, but
will not extinguish the rights of any person contingently entitled to any
benefit payable upon that transition member’s death.
14 Payment
of retirement benefits before normal pension age – uniformed members
(1) This
Regulation –
(a) applies
to a transition member who –
(i) is a uniformed
member of the Scheme, and
(ii) has
attained at least the age of 55 but has not attained his or her normal
pension age (as prescribed in Regulation 28 of the Membership and Benefits
Regulations);
(b) excludes
a transition member described in sub-paragraph (a) who is –
(i) a person employed
as the chief ambulance officer or assistant chief ambulance officer for the
purposes of discharging the States of Jersey’s ambulance service,
(ii) a
person appointed as the chief air traffic control officer or assistant chief
air traffic control officer of the air traffic control unit maintained at
Jersey Airport,
(iii) a
person appointed as a chief fire officer or deputy chief fire officer of the Airport
Rescue and Firefighting Service,
(iv) the
Chief Fire Officer (within the meaning of Article 1 of the Fire and Rescue Service Law) or
a person appointed as the deputy Chief Fire Officer,
(v) the Chief Officer or
Deputy Chief Officer of the States Police Force (within the meaning of Article 1
of the States of Jersey Police Force
Law 2012),
(vi) the
prison Governor (within the meaning of Article 1 of the Prison (Jersey) Law 1957).
(2) Where, in relation to a
transition member in respect of whom this Regulation applies, that
member’s Scheme employment is terminated on the grounds that his or her
employer is satisfied that the member’s level of physical fitness is
below the standard required to secure the effective, efficient or safe
discharge of functions by the uniformed service in which the member is
employed, that employer may, subject to paragraph (3), determine that the
member should receive immediate payment of his or her retirement benefits on
the termination of his or her Scheme employment.
(3) Before a determination
is made under paragraph (2) –
(a) an
employer shall have regard to the costs likely to be incurred in the particular
case; and
(b) the
Actuary shall provide a report to the transition member’s employer and
the Committee, certifying the likely costs to the fund as a consequence of the proposed
payment of retirement benefits under this Regulation.
(4) Where a determination
is made under paragraph (2), the transition member shall be entitled to
receive payment of retirement benefits accrued under the respective schemes calculated
as at the date he or she leaves Scheme employment and without any actuarial
reduction.
(5) An employer shall pay
into the fund such amount of costs arising from a determination under paragraph (2)
as are certified by the Actuary.
14A Payment of retirement benefits before normal pension age
– uniformed members with less than 10 years’ pensionable service
under the 1967 Scheme[33]
(1) This
Regulation applies to a transition member who –
(a) as
at the day before the transition date was a uniformed member of the 1967 Scheme;
(b) as
at the day before the transition date had accrued
less than 10 years’ pensionable service under the 1967 Scheme;
and
(c) on
the transition date continues as a uniformed member of the Scheme.
(2) The
pensionable service accrued under each of the respective schemes by a
transition member to whom this Regulation applies, may be aggregated for the
purpose of determining whether such a member has accrued a minimum of 10 years’
pensionable service so as to qualify for earlier payment of his or her 1967 Scheme
retirement benefits, calculated in accordance with the relevant Regulations.
(3) In
this Regulation –
(a) “relevant
Regulations” means Regulation 6 (pensions payable
before normal retiring age to members with 10 years’ pensionable
service) of the Existing Members Regulations or New Members Regulations (as
the case may be);
(b) “uniformed
member of the 1967 Scheme” means a category A member (other
than such a member in respect of whom the relevant Regulations do not apply), a
category B or a category C member.
15 Transfer
payments
(1) With effect from 1st
January 2019, subject to paragraphs (1A) and (1B), where under
Regulation 22 of the Administration Regulations, a transition member
applies for a transfer payment out of the fund, that transfer payment shall consist
of the member’s aggregated retirement benefits accrued under the
respective schemes.[34]
(1A) With effect from 1st January 2019,
this paragraph applies to a transition member who has attained his or her
normal retiring age but who remains in Scheme employment.[35]
(1B) Notwithstanding that a transition
member to whom paragraph (1A) applies has not ceased active membership of
the Scheme, he or she may apply for a transfer payment, under
Regulation 22 of the Administration Regulations, of his or her retirement
benefits accrued under the 1967 Scheme.[36]
(2) With effect from 1st
January 2019, this paragraph applies where, before the transition date, a
member of the 1967 Scheme has requested the Administrator to accept a
transfer payment under Regulation 23(3) of the Administration Regulations but
the Administrator does not receive that transfer payment until on, or after the
transition date.[37]
(3) Where paragraph (2)
applies, the transfer payment received must be dealt with in accordance with
Regulation 23(4)(a) and (b)(ii) and (5) of the Administration Regulations.[38]
(4) This paragraph applies
where the Minister has made reciprocal arrangements under Regulation 24(6)
of the Administration Regulations for the receipt or payment of transfer
payments from or to other pension schemes in respect of active members.
(5) For the purposes of paragraph (4)
any reciprocal arrangements the Minister has made under clause (iv) of the
proviso to repealed Regulation 7(1) of the General Regulations which are
in force immediately before 1st January 2016, shall be taken to be
reciprocal arrangements made under Regulation 24(6) of the Administration
Regulations.[39]
(6) This paragraph applies
where, under Regulation 23 of the Administration Regulations a transfer
payment is accepted by the Administrator and –
(a) that
payment is under a reciprocal arrangement to which paragraphs (4) and (5)
apply; and
(b) that
transfer payment represents, whether in whole or in part, final salary
retirement benefits.
(7) Where paragraph (6)
applies, the active member in respect of whom the transfer payment relates,
shall, for the purposes of those final salary retirement benefits, be treated
as if he or she is a contributing member of the 1967 Scheme under the
New Members Regulations, and that member shall be entitled to such added years
(as defined in those Regulations) as the Committee, on the advice of the
Actuary, shall determine having regard to the amount credited to the fund in
respect of the value of the transfer payment.
1967 Scheme employers and appointments
16 Admission
of 1967 Scheme employers to the Scheme
(1) On 1st January 2016, a 1967 Scheme
employer shall be taken to be an employer admitted to the Scheme as if that
employer had been admitted to the Scheme under Regulation 7 of, and paragraph 2(1)
of Schedule 1 to, the Membership and Benefits Regulations.[40]
(2) Paragraph 3 of Schedule 1
to the Membership and Benefits Regulations shall not apply for the purposes of paragraph (1).
(3) The Actuary shall, in
relation to an employer to whom paragraph (1) applies, review –
(a) any
certificate issued under repealed Regulation 9(1)(c)(ii) of the General
Regulations before the expiry of 3 months after the date at which the
valuation is presented under Regulation 3(3) of the Funding and Valuation
Regulations, and following that review the Actuary shall issue a new
certificate as to the amounts to be contributed to the fund by that employer in
respect of the Scheme; and
(b) any
certificate issued under sub-paragraph (a) before the expiry of 3 months
after the date at which a subsequent valuation is presented under Regulation 3(3)
of the Funding and Valuation Regulations, and following that review and each
review thereafter the Actuary shall issue a new certificate as to the amounts
to be contributed.
(4) Subject to paragraph (5),
as at 1st January 2016, an employer to whom paragraph (1) applies is not
required to enter into an admission agreement in accordance with paragraph 4
of Schedule 1 to the Membership and Benefits Regulations, but shall –
(a) provide
such information as the Minister requires as to whether any named individual,
class, category or description of employee is, or is not eligible to become an
active member of the Scheme on the day his or her employment with that employer
begins;
(b) be
subject to the provisions set out in paragraphs 6 to 9 of Schedule 1
to the Membership and Benefits Regulations concerning the payment of
contributions or costs relating to the Scheme, and ending of participation in
the Scheme; and
(c) comply
with such other obligations as are required in relation to the Scheme, as may
be set out in the pension administration strategy.[41]
(5) Notwithstanding
paragraph (4), the Minister may require an employer to whom paragraph (1)
applies to enter into an admission agreement at such time, or in such
circumstances as he or she may determine, and the requirements set out in paragraph 4
of Schedule 1 to the Membership and Benefits Regulations shall apply for
the purposes of any such agreement.
(6) Nothing in paragraph (1)
shall be taken to affect a 1967 Scheme employer’s continued
participation in the 1967 Scheme or the exercise of any duties or
powers conferred on a 1967 Scheme employer under the 1967 Scheme
Regulations.
17 Continued
obligations of 1967 Scheme employers and contribution certificates
(1) Subject to paragraph (2),
where before 1st January 2016 a 1967 Scheme employer has provided any
written statement and written undertaking in accordance with repealed Regulation 9A
of the General Regulations, any such written undertaking and written statement
shall cease to have effect on 1st January 2016 but that employer shall –
(a) be
subject to the provisions set out in paragraphs 6 to 7 of Schedule 1
to the Membership and Benefits Regulations concerning the payment of
contributions or costs relating to the 1967 Scheme; and
(b) comply
with such other obligations as are required in relation to the 1967 Scheme
as may be set out in the pension administration strategy.[42]
(2) Notwithstanding
paragraph (1), any obligation under repealed Regulation 9A(2) or (4)
or repealed Regulation 9B of the General Regulations concerning
a 1967 Scheme employer’s contributions, contribution shortfalls
and provision of information, that arose at, or relate to any time, before or
after 14th October 2009, (including after 1st January 2016),
regardless of whether not that employer –
(a) employs
for the time being any members of the 1967 Scheme; or
(b) has
ceased to participate as a 1967 Scheme employer,
shall remain that employer’s obligation.[43]
(3) Notwithstanding paragraph (1),
the Minister may require a 1967 Scheme employer to enter into an
admission agreement, at such time or in such circumstances as he or she may
determine, for the purposes of that employer’s participation in the 1967 Scheme.
(4) The requirements set
out in paragraph 4(1) and (2)(b) to (m) of Schedule 1 to
the Membership and Benefits Regulations shall apply for the purposes of any
such agreement, and any references in that paragraph to the Scheme and
Regulations under the Scheme shall be construed as references to the 1967 Scheme
and equivalent Regulations under that scheme.
(5) The Actuary shall
review –
(a) any
certificate issued under repealed Regulation 9(1)(c)(ii) of the General
Regulations, before the expiry of 3 months after the date at which the
valuation is presented under Regulation 3(3) of the Funding and Valuation
Regulations, and following that review shall issue a new certificate as to the
amounts to be contributed to the fund in respect of the 1967 Scheme;
and
(b) any
certificate issued under sub-paragraph (a) before the expiry of 3 months
after the date at which a subsequent valuation is presented under Regulation 3(3)
of the Funding and Valuation Regulations, and following that review and each
review thereafter, the Actuary shall issue a new certificate as to the amounts
to be contributed.
(6) A 1967 Scheme
employer shall cease participation in the 1967 Scheme in accordance
with paragraphs 8 and 9 of Schedule 1 to the Membership and Benefits
Regulations.
18 Appointments
etc.
(1) A person who was,
immediately before 1st January 2016, an Actuary, investment manager or
custodian appointed under repealed Regulation 5 of the General
Regulations, shall on that commencement date be taken to be –
(a) an
Actuary appointed under Regulation 10 of the Administration Regulations;
(b) an
investment manager appointed under Regulation 12 of those Regulations;
(c) a
custodian appointed under Regulation 16 of those Regulations,
and, as the case requires, those Regulations shall apply for the
purposes of terminating any such appointment.[44]
(2) A person described in
paragraph (1) shall discharge the functions conferred under the Administration
Regulations as if that person had been appointed under those Regulations on 1st
January 2016.[45]
PART 4
CLOSING
19 Citation
These Regulations may be cited as the Public Employees (Pension
Scheme) (Transitional Provisions, Savings and Consequential Amendments)
(Jersey) Regulations 2015.