Public Employees
(Contributory Retirement Scheme) (Former Hospital Scheme) (Jersey)
Regulations 1992[1]
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“Actuary” means a person appointed in accordance with
Regulation 10 of the Administration Regulations, to give actuarial advice in
respect of the fund;
“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;
“1990 appointed day” means 1st January 1990;
“average salary” means final pensionable salary,
calculated without reference to any pensionable allowance giving rise to added
years of pensionable service under Regulation 17;
“child” means, in respect of an individual who is a
member, pensioner or deferred pensioner, any person who is –
(a) a
natural child of that individual whether or not born of a marriage entered into
by that individual;
(b) a
step-child of that individual by virtue of a marriage or civil partnership
entered into by that individual;
(c) legally
adopted by that individual; or
(d) any
other person which the Committee is satisfied is a proper recipient of a child’s
pension under these Regulations:
Provided that –
(i) a child en
ventre sa mère at the date of that
individual’s death who would fall within sub-paragraph (a) or (b)
shall be included in this definition,
(ii) a
person who has attained the age of 16 years may be treated as a child for
the purposes of these Regulations if the person has not attained the age of 23
years, and either the person is receiving full-time education in an educational
establishment approved by the Committee, or the person is not receiving
full-time education but the Committee is satisfied that it remains appropriate
to treat the person as a child for the purposes of these Regulations;
“Committee” means the Committee of Management construed
in accordance with Article 4 of the 2014 Pensions Law and Regulation 2
of the Administration Regulations;
“deferred pensioner” means a former member entitled to a
pension, or a pension and a lump sum, under Regulation 8 which has not yet
become payable;
“dependant” means any person who, in the opinion of the Committee,
was at the time of a member’s or pensioner’s or deferred
pensioner’s death dependent on the member or his or her spouse or civil
partner for the provision of all or any of the ordinary necessities of life;
“employee” means a permanent employee of an employer,
whether whole-time or part-time;
“employer” means –
(a) the
States Employment Board within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005, in respect of the States or any administration
of the States;
(b) any other employer –
(i) admitted to the
scheme under repealed Regulation 9 of the General Regulations,
(ii) treated
as if admitted to the scheme under any enactment which provides for that
employer to become an employer for the purposes of the scheme in respect of
members whose employment with the States Employment Board is transferred to
that employer, or
(iii) treated
as if admitted to the scheme under paragraph 2(4) and (5) of Schedule 1
to the Public Employees (Pension
Scheme) (Membership and Benefits) (Jersey) Regulations 2015;
“employer-initiated salary reduction” means in relation
to a member’s salary, the application of a reduction to that salary 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;
“equivalent scheme established outside Jersey” shall be
construed in accordance with Article 131CG of the Income Tax Law;
“Existing Members Regulations” means the Public Employees
(Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989;
“final pensionable salary” means the average of the annual
salary received by a member during the 3 years immediately before and including
the day on which the member ceases to hold the member’s employment or the
day on which the member attains normal retiring age, whichever is earlier;
“Former Hospital Scheme” means the Federated Pension
Scheme for Medical, Nursing and Auxiliary Staff in Jersey governed by the
Definitive Deed approved by the States on the 10th day of May 1972;
“Former Hospital Scheme Rules” means the rules governing
the Former Hospital Scheme;
“fund” shall be construed in accordance with Article 5
of the 2014 Pensions Law;
“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;
“Income Tax Law” means the Income Tax (Jersey)
Law 1961;
“Law” means the Public Employees (Retirement)
(Jersey) Law 1967;
“lump sum recipients” means one or more of a class
consisting of –
(a) any
of the member’s relations or dependants;
(b) any
individual or person nominated by the member by notice in writing addressed to
and received by the Committee during the member’s lifetime to receive the
whole or any part of such benefit; and
(c) the
member’s estate,
which the Committee shall at its absolute discretion determine as
recipients of a lump sum payable on the death of a member;
“member” means an employee who joins the scheme pursuant
to Regulation 2 for so long as he or she remains an employee;
“New Members Regulations” means the Public Employees
(Contributory Retirement Scheme) (New Members) (Jersey) Regulations 1989;
“normal retiring age” means 65 years in the case of a
male and 60 years in the case of a female;
“part-time” in relation to an employee means certified
by the employer to be employed for at least 35 hours a week, or for such lesser
hours as the employer and the States Employment Board may agree;
“pensionable allowance” means a payment or allowance
which is for the time being declared under Regulation 16 to be a
pensionable allowance;
“2014 Pensions Law” means the Public Employees (Pensions)
(Jersey) Law 2014;
“pensionable service” means the total years of service
which a member is entitled to count for pension purposes and, subject to Regulations
2(6) and 21, includes –
(a) service
as a contributory member of the Former Hospital Scheme;
(b) service
as a member of the scheme;
(c) any
notional period of service which may be deemed to form part of the
member’s contributory service in the Former Hospital Scheme under Rule 41
of the Former Hospital Scheme Rules;
(d) any notional period of pensionable service granted to a member on
account of any refund paid or transfer value received, as referred to in
repealed Regulation 7 of the General Regulations, or transfer payment
under Regulation 23 of the Administration Regulations;
(e) any
added years of pensionable service granted to a member on account
of –
(i) augmentation
under Regulation 15,
(ii) a
pensionable allowance giving rise to added years under Regulation 17, or
(iii) an
employer-initiated salary reduction and awarded by way of compensation under
Regulation 17A; and
(f) any
notional period of service granted to a member on account of special
contributions in accordance with arrangements made prior to the 1990
appointed day under the Former Hospital Scheme;
“pensioner” means a former member or deferred pensioner
in receipt of a pension under these Regulations;
“qualifying service” means pensionable service,
disregarding any added years credited to a member on account of a pensionable
allowance under Regulation 17;
“relations” means –
(a) the
widow, widower or surviving civil partner of the member or any former husband, wife
or civil partner of the member;
(b) any
child or other descendant of the member and the husband, wife, civil partner,
widow, widower or surviving civil partner of any such child or other
descendant;
(c) the
father or mother (whether natural or adoptive) or other ancestor of the member
and the widow, widower or surviving civil partner of such father, mother or
other ancestor; and
(d) any
brother or sister of the member (whether of the whole blood or the half blood
and whether natural or adoptive) and the widow, widower or surviving civil
partner of any such person,
and for this purpose “child”
includes a stepchild, a legally adopted child and a child to whom in the
opinion of the Committee the member or other person as appropriate stands, or
would but for the member’s death have stood, in loco parentis;
“repealed Regulation 7 of the General Regulations”
means Regulation 7 of the General Regulations as it was in force
immediately prior to its repeal by the Transitional Regulations;
“repealed Regulation 9 of the General Regulations”
means Regulation 9 of the General Regulations as it was in force
immediately prior to its repeal by the Transitional Regulations;
“salary” means all salary, wages and other payments paid
or made to a member as such for the member’s own use,
including –
(a) the
money value of any accommodation and allowances in kind appertaining to the
member’s employment and assessable to income tax; and
(b) any
pensionable allowances,
but not including any overtime payments or any travelling or
subsistence allowances or payments made to the member for the purposes of the
member’s employment or payments in respect of untaken leave;
“salary reduction date” means the date an employer-initiated
salary reduction is applied;
“scheme” means the pension scheme established by the Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967;
“service” means continuous employment with an employer
computed in years and complete days;
“Transitional Regulations” means the Public Employees (Pension
Scheme) (Transitional Provisions, Savings and Consequential Amendments)
(Jersey) Regulations 2015;
“Treasurer” means the Treasurer of the States;
“United Kingdom transferring arrangement” means a
registered pension scheme within the meaning of section 150(2) of the Finance
Act 2004 (c.12) of the United Kingdom.
“year” includes a fraction of a year computed in
complete days.[2]
2 Eligibility
and membership
(1) These Regulations apply
to employees who meet the conditions set out in this Regulation and such
employees shall be members of the scheme subject to the provisions of these Regulations.[3]
(2) To qualify in
accordance with this Regulation an employee must have become an employee before
the 1990 appointed day and –
(a) have
participated in the Former Hospital Scheme as an employee on or after 30th
December 1989; or
(b) have
been eligible to do so but for the fact that the employee was under the age
of 20 years,
and if the employee has subsequently ceased to be an employee
participating in the Former Hospital Scheme, the employee must not have
received a refund of the employee’s own contributions, nor have elected
to take a transfer payment from the Former Hospital Scheme.
(3) These Regulations shall
apply only to an employee qualified in accordance with paragraph (2) who
has not exercised an option that the 1989 Existing Members Regulations or
the 1989 New Members Regulations shall apply to the employee; they shall
so apply with effect from the 1990 appointed day, and the Former Hospital
Scheme Rules shall cease to apply to the employee from that date.
(4) An employee shall
become a member of the scheme on the day from which these Regulations apply to the
employee, except that, an employee who has not attained the age of 20
years on the day from which these Regulations apply to the employee, shall
become a member on the day the employee attains that age.
(5) An employee shall be
required to pay contributions as specified in Regulation 3 as from the day the
employee becomes a member.
(6) Where a member is
absent from duty owing to illness or any other cause beyond the member’s
control or owing to any cause approved by the employer, the member shall be
deemed to remain a member:
Provided that –
(a) if
the member returns to the member’s duties following an
absence –
(i) the
member’s pensionable service up to and after the member’s period of
absence shall be treated as continuous, and
(ii) the
member’s qualifying service up to and after the member’s period of
absence shall be treated as continuous;
(b) if
the member is absent from duty for reasons, other than maternity leave,
approved by the employer, the period of absence shall not count as pensionable
service or qualifying service; and
(c) if
the member is absent from duty on maternity leave approved by the
employer –
(i) the period of
absence shall count as pensionable service and qualifying service (whether or
not the member returns to the member’s duties following an absence),
(ii) in
the event of the member giving notice that the member will not return to the
member’s duties following such absence, the period of absence shall cease
on the date such notice is given, and
(iii) the
member and the employer shall continue to contribute during the period of
absence on the basis of the maternity pay the member receives.[4]
(7) A member participating
in the scheme under these Regulations who ceases to be employed by the
member’s current employer shall remain a member under these Regulations
if –
(a) the
member immediately becomes employed by another employer who is participating in
the scheme, such employer having participated in the scheme or the Former
Hospital Scheme continuously since 31st December 1987; and
(b) the
member continues to satisfy any other requirements specified in these Regulations
as necessary in order to continue participating in the scheme under these Regulations
as a member.[5]
3 Member’s
contributions
(1) A member who has not reached
normal retiring age shall pay such contributions to the fund as are required
under Regulation 11(2) or 14 of, and Schedule 3 to, the Funding and
Valuation Regulations.[6]
(2) An employer shall in
respect of member contributions, pay those contributions to the Administrator
in the manner required under Regulation 11(8) of the Funding and Valuation
Regulations.[7]
(3) A member who on the 1990
appointed day is paying special contributions in accordance with arrangements
made under the Former Hospital Scheme may continue to pay such contributions
and receive the benefits thereof according to those arrangements.
(4) Subject to paragraph (5),
in any case where and for so long as the salary of a member other than a part-time
member is reduced and in the opinion of the employer such reduction is not due
to the wilful fault of the member, the member may within 3 months of the date
on which the reduction takes effect give notice in writing to the Committee
that the member wishes to continue to pay contributions at the rate at which the
member was paying them immediately before the reduction and thereupon for all
the purposes of the scheme the member’s salary shall be deemed to be an
amount equal to that of the member’s salary immediately before such
deduction.[8]
(5) Paragraph (4) does
not apply where a member’s salary is reduced as a result of an
employer-initiated salary reduction.[9]
4 Employer’s
contributions
(1) An employer shall pay
such contributions to the fund as are required under Regulation 11(2) or
15 of, and Schedule 4 to, the Funding and Valuation Regulations.[10]
(2) An employer’s
contributions shall be paid to the Administrator in the manner required under
Regulation 11(7) of the Funding and Valuation Regulations.[11]
(3) With effect from 1st
January 2003, the employer of each member who is employed as the Chief
Ambulance Officer or an Assistant Chief Ambulance Officer in the States of
Jersey Ambulance Service, and whose basic salary due under his or her contract
of service has been reduced by 4%, shall pay additional contributions to the
scheme that represent the total difference in cost between providing all such
members’ benefits and the cost that would have been incurred to the
scheme if the modifications specified in Regulation 18 had not applied.[12]
(4) The amount to be paid
in any year under paragraph (3) shall be the amount specified in respect
of that year by the Actuary in a certificate provided to the Committee.[13]
5 Retirement
at or after normal retiring age
(1) A member shall retire
from service on attaining normal retiring age, except that a member may be
permitted to remain in service by arrangement with the employer.
(2) Every member who has
attained normal retiring age and has retired at that age or later in accordance
with paragraph (1) shall be entitled during the member’s life to an
annual pension under the scheme commencing as from the date of actual
retirement, together with, in the case of a female member, a lump sum
calculated in accordance with paragraph (3).
(3) Subject to paragraphs (4)
and (5), and Regulation 21, the pension payable to a male member and the
pension and lump sum payable to a female member on retirement is calculated as
follows –
(a) in
the case of a male member –
(i) 1/60 of the
member’s average salary for each year of pensionable service, and
(ii) disregarding
any added years of pensionable service credited to a member on account of a
pensionable allowance under Regulation 17 or awarded by way of
compensation under Regulation 17A, the member’s pensionable service
cannot exceed 45 years; and
(b) in the
case of a female member –
(i) 1/80 of the
member’s average salary for each year of pensionable service, together
with a lump sum equal to 3/80 of the member’s average salary for each
year of pensionable service, and
(ii) disregarding
any added years of pensionable service credited to a member on account of a
pensionable allowance under Regulation 17 or awarded by way of
compensation under Regulation 17A, the member’s pensionable service
cannot exceed 40 years.[14]
(4) Paragraph (5) applies
where –
(a) an
employer-initiated salary reduction is applied to a member’s salary; and
(b) the
member is awarded added years under Regulation 17A.[15]
(5) Where this paragraph
applies –
(a) the
member’s salary received in any period before an employer-initiated
salary reduction is applied is to be disregarded for the purposes of
calculating the annual rate of pension under paragraph (3)(a)(i) or (b)(i);
and
(b) for
the purposes of that calculation under paragraph (3)(a)(i) or (b)(i),
the member’s average salary is determined for each description of case
set out in column 1 of the following table, by reference to the corresponding
method of calculation set out in column 2 of that table –
|
1
Description of case
|
2
Method of calculation
|
|
Case A:
member –
(a) leaves
service earlier than normal retiring age but 3 or more years’
after the salary reduction date; or
(b) attains
normal retiring age 3 or more years after the salary reduction
date.
|
Average salary is determined by reference to
the member’s –
average salary for each year of service in the 3 years immediately
before, and ending on the day on which he or
she leaves service or attains normal retiring age, whichever is the earlier.
|
|
Case B:
member –
(a) leaves
service earlier than normal retiring age but less than 3 years’
but more than one year after the salary reduction date; or
(b) attains
normal retiring age less than 3 years’ but more than one year
after the salary reduction date.
|
Average salary is determined by reference to
the member’s –
average salary for each year of service after the salary reduction
date, and ending on the day on which he or she leaves service or attains
normal retiring age, whichever is the earlier.
|
|
Case C:
member –
(a) leaves
service earlier than normal retiring age but one year or less after the
salary reduction date; or
(b) attains
normal retiring age one year or less after the salary reduction date.
|
Average salary is determined by reference to
the member’s –
whole year equivalent salary for that year or part-year of service
after the salary reduction date, and ending on the day on which he or she
leaves service or attains normal retiring age, whichever is the earlier.[16]
|
6 Retirement
before normal retiring age – normal health
A member who has 10 or more years’ qualifying service and who
has attained an age 5 years or less below normal retiring age may, subject to
the prior approval of the employer, retire at any time and receive a pension,
or in the case of a female a pension and a lump sum, under the scheme,
calculated in accordance with Regulation 5 and payable from the date of
retirement.[17]
7 Retirement
before normal retiring age – ill-health
A member who has 10 or more years’ qualifying service and who,
in the opinion of the employer, has become incapable of discharging the
member’s duties by reason of permanent ill-health or disability of mind
or body and who has retired from service in consequence thereof, shall be
entitled to receive a pension, or in the case of a female a pension and a lump sum,
under the scheme, calculated in accordance with Regulation 5 and payable from
the date of retirement.[18]
8 Deferred
pension or transfer payment[19]
(1) Where a member ceases
to be an employee, he or she shall be entitled –
(a) to a
deferred pension, or in the case of a female member to a deferred pension and
lump sum, calculated in accordance with Regulation 5 and payable in accordance
with paragraph (3); or
(b) to apply
for a transfer payment out of the fund under Regulation 22 of the Administration
Regulations.[20]
(2) [21]
(3) Where a member to whom
this Regulation applies chooses a deferred pension, or in the case of a female
member a deferred pension and lump sum, that pension and, where appropriate,
that lump sum shall be payable –
(a) subject
to paragraph (3A), when the deferred pensioner actually retires in
accordance with the provisions of any other pension scheme of which the
pensioner is a member;
(b) when the
member retires in circumstances which would have entitled the member to a
pension under the scheme if the member were still a member thereof; or
(c) if
the Committee is satisfied that the member has suffered a permanent breakdown
of health or is otherwise permanently incapacitated, as from the date of such
breakdown or incapacity or normal retiring age, whichever is the earlier:
Provided that such deferred pension and lump sum shall be reduced as
certified by the actuary having regard to such member’s age if they
become payable before normal retiring age.[22]
(3A) If –
(a) the
deferred pensioner who retires as referred to in paragraph (3)(a) –
(i) is a member of
another pension scheme, and
(ii) is
a person who, in accordance with the provisions of that scheme, is retiring
other than for reasons of ill-health –
(A) on or after
9th February 2011, and
(B) is under
the age of 55 years; and
(b) the
deferred pension, or in the case of a female member a deferred pension and lump
sum, either in whole or in part, is attributable to a transfer payment received
by –
(i) the Treasurer on
or after 9th February 2011 but before 1st January 2015,
under a United Kingdom transferring arrangement,
(ii) the
Treasurer on or after
1st January 2015 but before the commencement of Schedule 1 to
the Transitional Regulations, from an
equivalent scheme established outside Jersey, or
(iii) the
Administrator on or after the commencement of Schedule 1 to the Transitional
Regulations, in accordance with Regulation 23 of the Administration
Regulations, from an equivalent scheme established outside Jersey,
there shall be payable, from the date that the deferred pensioner
actually retires, that part of the deferred pension, or in the case of a female
member a deferred pension and lump sum, that is not attributable to the
transfer payment described in sub-paragraph (b) and, from the date the
deferred pensioner attains the age of 55 years, that part of the deferred
pension, and where appropriate, that lump sum, that is so attributable.[23]
(4) [24]
(5) [25]
(6) [26]
9 Death
of a member before normal retiring age
(1) On the death of a
member before normal retiring age benefits shall only be payable as set out in
this Regulation.
(2) In the case of a member
who has completed 10 or more years’ qualifying service who leaves a
widow, a pension shall be payable to the widow, the annual rate of which shall
be ½ of the pension which the member would have received if the member had
continued in service and had retired at normal retiring age, the member’s
salary from the date of the member’s death to that date having remained
unaltered.[27]
(3) In the case of a member
who has completed 10 or more years’ qualifying service who leaves a
child, there shall be payable annually to the widow or widower of the member a
pension of £80 a year in respect of each child, or if there is no widow
or widower alive a pension of £110 a year in respect of each child:
Provided that –
(a) if
the Committee is satisfied that a child is in the care of or is being
maintained by some person or authority other than the widow or widower, the Committee
may at its absolute discretion pay the pension payable under this paragraph to
that other person or authority instead of to the widow or widower;
(b) if
the child is not for the time being receiving full-time education but the Committee,
having considered such evidence as is provided by or on behalf of the child, is
satisfied that the child is expected to resume or receive full-time education
in the future, the Committee may suspend payment of the child’s pension
temporarily;
(c) a
decision made under sub-paragraph (b) may be varied in the light of
further evidence; and
(d) the Committee
may from time to time request in respect of a child who has attained the age
of 16 years further evidence regarding the child’s full-time
education, and if such evidence is not supplied or is not in the opinion of the
Committee satisfactory, the child’s pension may be withheld.[28]
(4) In the case of a member
who has completed 5 or more years’ qualifying service, a lump sum of an
amount equal to the greater of –
(a) the
aggregate amount of the member’s contributions to the fund and to the
Former Hospital Scheme together with compound interest thereon calculated to
the date of the member’s death at the rate of 3% per annum with half-yearly
rests, and in assessing the amount of a member’s contributions for this
purpose, account shall be taken of any contributions paid by that member to any
pension scheme other than the Former Hospital Scheme of which the member was
previously a member which have been transferred under the provisions of repealed
Regulation 7 of the General Regulations or Rule 41 of the Former Hospital
Scheme Rules; or
(b) subject
to paragraph (7), the annual salary which the member was receiving at the
date of the member’s death,
shall be paid in accordance with paragraph (6).[29]
(5) In the case of a member
who has not completed 5 years’ qualifying service, a lump sum of an
amount equal to the aggregate amount of the member’s contributions to the
fund and to the Former Hospital Scheme together with compound interest thereon
calculated to the date of the member’s death at the rate of 3% per annum
with half-yearly rests, and in assessing the amount of a member’s
contributions for this purpose, account shall be taken of any contributions
paid by that member to any pension scheme other than the Former Hospital Scheme
of which the member was previously a member which have been transferred under
the provisions of repealed Regulation 7 of the General Regulations or Rule 41
of the Former Hospital Scheme Rules, shall be paid in accordance with paragraph (6).[30]
(6) The lump sum calculated
in accordance with paragraph (4) or (5) shall be paid to one or more of
the lump sum recipients in such proportions as the Committee shall determine:
Provided that the Committee may determine in any particular case
that the lump sum is paid only partially or not at all.[31]
(7) If in the 12 months
immediately preceding the member’s death the member received a
pensionable allowance giving rise to added years under Regulation 17,
annual salary for the purpose of paragraphs (4) and (6) shall mean
the sum of –
(a) the
member’s annual salary excluding that pensionable allowance; and
(b) the
actual amount of that pensionable allowance which the member received in the 12
months immediately preceding the member’s death,
but if the member was admitted to the scheme within 12 months of the
member’s death, the amount of the pensionable allowance to which sub-paragraph (b)
refers shall be calculated as the annual equivalent of the actual amount of
pensionable allowance which the member received between the date when the
member was admitted and the date of the member’s death.[32]
10 Death
of a member after normal retiring age
(1) On the death of a
member after normal retiring age and before becoming a pensioner, benefits
shall be payable as set out in this Regulation.
(2) If the member leaves a
widow, a pension shall be payable to the widow, the annual rate of which shall
be ½ of the pension which the member would have received if the member
had retired on the day immediately preceding the member’s death.
(3) If the member leaves a
child, there shall be payable annually to the widow or widower of the member a
pension of £80 a year in respect of each child, or if there is no widow
or widower alive a pension of £110 a year in respect of each child:
Provided that –
(a) if
the Committee is satisfied that a child is in the care of or is being
maintained by some person or authority other than the widow or widower, the Committee
may at its absolute discretion pay the pension payable under this paragraph to
that other person or authority instead of to the widow or widower;
(b) if
the child is not for the time being receiving full-time education but the Committee,
having considered such evidence as is provided by or on behalf of the child, is
satisfied that the child is expected to resume or receive full-time education
in the future, the Committee may suspend payment of the child’s pension
temporarily;
(c) a
decision made under sub-paragraph (b) may be varied in the light of
further evidence; and
(d) the Committee
may from time to time request in respect of a child who has attained the age
of 16 years further evidence regarding the child’s full-time
education, and if such evidence is not supplied or is not in the opinion of the
Committee satisfactory, the child’s pension may be withheld.[33]
(4) In the case of a female
member, an amount equal to the lump sum which she would have received on
retirement at normal retiring age under the provisions of Regulation 5(3) shall
be paid to one or more of the lump sum recipients in such proportions as the Committee
shall determine:
Provided that the Committee may determine in any particular case
that the lump sum is paid only partially or not at all.[34]
11 Death
of a pensioner
(1) On the death of a
pensioner, benefits shall be payable as set out in this Regulation:
Provided that a widow shall not be entitled to receive a pension by
virtue of this Regulation if the marriage took place after the member had
attained normal retiring age.
(2) Where a male pensioner
leaves a widow, a pension shall be payable to the widow, the annual rate of
which shall be –
(a) in
respect of a pensioner in receipt of a pension by virtue of Regulation 5, 6 or
8, ½ of the pension which the pensioner was receiving at the date of the
pensioner’s death;
(b) subject
to Regulation 16(2), in respect of a pensioner in receipt of a pension by
virtue of Regulation 7, ½ of the pension which the pensioner would have
been receiving if the pensioner had continued in service and had retired at
normal retiring age, the pensioner’s salary from the date of the
pensioner’s actual retirement to that date having remained unaltered plus
the proportion that –
(i) the
pensioner’s pension as increased by any Act of the States or under Regulation
22 during the period from the date of retirement to the date of death bears to,
(ii) the
pensioner’s pension before such increases.[35]
(3) Where a pensioner in
receipt of a pension by virtue of Regulation 7 leaves a child, there shall be
payable annually to the widow or widower of the member a pension of £80 a
year in respect of each child, or if there is no widow or widower alive a
pension of £110 a year in respect of each child:
Provided that –
(a) if
the Committee is satisfied that a child is in the care of or is being
maintained by some person or authority other than the widow or widower, the Committee
may at its absolute discretion pay the pension payable under this paragraph to
that other person or authority instead of to the widow or widower;
(b) if
the child is not for the time being receiving full-time education but the Committee,
having considered such evidence as is provided by or on behalf of the child, is
satisfied that the child is expected to resume or receive full-time education
in the future, the Committee may suspend payment of the child’s pension
temporarily;
(c) a
decision made under sub-paragraph (b) may be varied in the light of
further evidence, and
(d) the Committee
may from time to time request in respect of a child who has attained the age
of 16 years further evidence regarding the child’s full-time
education, and if such evidence is not supplied or is not in the opinion of the
Committee satisfactory, the child’s pension may be withheld.[36]
12 Death
of a deferred pensioner
(1) On the death of a
deferred pensioner, benefits shall be payable as set out in this Regulation.
(2) If a deferred pensioner
leaves a widow, a pension shall be payable to the widow, the annual rate of
which shall be ½ of the pension which the pensioner would have received
under the provisions of Regulation 5(3) at the date of leaving, increased
during the period from the date of leaving to the date of death as if the
deferred pensioner had retired on the date of leaving and received such
retirement pension from that date.
(3) A lump sum of an amount
equal to the aggregate amount of the deferred pensioner’s contributions
to the fund and to the Former Hospital Scheme together with compound interest
thereon calculated to the date of the pensioner’s death at the rate of 3%
per annum with half-yearly rests (and in assessing the amount of a
member’s contributions for this purpose, account shall be taken of any
contributions paid by that member to any pension scheme other than the Former
Hospital Scheme of which the member was previously a member which have been
transferred under the provisions of repealed Regulation 7 of the General
Regulations or Rule 41 of the Former Hospital Scheme Rules) shall be paid to
one or more of the lump sum recipients in such proportions as the Committee
shall determine:
Provided that the Committee may determine in any particular case
that the lump sum is paid only partially or not at all.[37]
(4) If a female deferred
pensioner dies after attaining normal retiring age but before becoming entitled
to receive a pension and lump sum under Regulation 8, an amount equal to the
lump sum which she would have received on retirement at normal retiring age
under the provisions of Regulation 5(3) shall be paid to one or more of the
lump sum recipients in such proportions as the Committee shall determine:
Provided that the Committee may determine in any particular case
that the lump sum is paid only partially or not at all.[38]
13 Widow’s
pension[39]
A widow’s pension shall cease to be payable to a widow –
(a) if she remarries, as
from the date of such marriage;
(b) during any period
during which she is cohabiting with a man as the man’s wife, or with a
woman as the woman’s spouse;
(c) if she enters into a
civil partnership, as from the date of such civil partnership;
(d) during any period
during which she is cohabiting with a woman as the woman’s civil partner.
14 Exchange
of small pension for lump sum [40]
(1) In
accordance with Article 131CE (permitted commutation – trivial
pension) of the Income Tax Law and this Regulation, a member or deferred
pensioner is permitted to elect to exchange the whole of the capital value of
his or her pension accrued under the scheme for a lump sum not exceeding such
amounts as are specified in Article 131CE of that Law.
(2) For
the purposes of this Regulation, Article 131CE of the Income Tax Law is to
be read as if for the words and phrases set out in column 1 of the
following table there were substituted the words and phrases set out in column 2
of the table –
(3) An
exchange under paragraph (1) is not permitted where the capital value of
the member’s or deferred pensioner’s pension accrued under the
scheme, includes any amount transferred from another scheme, trust or contract
(however called and whether approved under any Article of the Income Tax Law or
under the jurisdiction of a country or territory outside Jersey).
(4) An
election under paragraph (1) must be made in such form and manner as the
Administrator specifies.
(5) The
calculation of the lump sum payable under this Regulation is to be determined
by the Committee after consulting the Actuary.
(6) Payment
of the lump sum –
(a) must
in the case of –
(i) a
member, be made on the day after the member ceases employment, or
(ii) a
deferred pensioner, be made not later than 3 months after the date of the
election under paragraph (1);
(b) extinguishes
the member’s or deferred pensioner’s rights to any other benefits
under the scheme, as well as the rights of any person contingently entitled to
any benefit payable upon that member’s or deferred pensioner’s death.
15 Augmentation
The employer may pay an additional contribution to the fund to
obtain added years of pensionable service for any member to whom these Regulations
apply, the amount of such additional contribution being determined by the Committee
on the advice of the Actuary.[41]
16 Pensionable
allowances [42]
(1) Subject to this Regulation,
the employer may from time to time declare to be a pensionable allowance any
payment or allowance which is routinely paid to a member in addition to the
member’s basic salary or wage, but is not –
(a) an
overtime payment or other emolument of a temporary nature; or
(b) a
payment in respect of untaken leave.
(2) A declaration may only
be made with the consent of the Committee and the Chief Minister, after the
Chief Minister has consulted the Actuary.
(3) A declaration
shall –
(a) define
the payment or allowance which is being declared pensionable;
(b) specify
the date from which it is to be effective;
(c) specify
whether or not the payment or allowance gives rise to added years of
pensionable service under Regulation 17;
(d) subject
to paragraph (4), specify whether or not any such payment or allowance,
received by a member or former member before the effective date of the
declaration, shall count towards the computation of benefits payable under
these Regulations; and
(e) subject
to paragraph (5), specify whether or not by virtue of the declaration a
former member shall be entitled to additional payments in respect of benefits
paid before the effective date of the declaration.
(4) If in accordance with paragraph (3)(d)
the employer’s declaration specifies that the pensionable allowance
received by a member or former member before the effective date of the
declaration shall count towards the computation of benefits payable under these
Regulations –
(a) the
Actuary shall determine and advise the Committee and the Chief Minister of the
sum total for all members and former members of the value of the additional
benefits arising from the pensionable allowance paid before the effective date
of the declaration, including the value of any additional payments under paragraph (3)(e)
in respect of benefits;
(b) additional
employers’ contributions shall be payable, and additional contributions
shall also be payable by those members or former members who receive improved
benefits as a result of the declaration, in such proportions as the Chief
Minister, after consulting the employer and the Committee, and having regard to
the advice of the Actuary, shall decide;
(c) the
value of the additional contributions under sub-paragraph (b) shall be
equal to the value of the additional benefits arising as determined under sub-paragraph (a);
(d) the
additional contributions payable under sub-paragraph (b) may consist
of –
(i) a single cash
payment to the fund,
(ii) a
series of cash payments to the fund over a period determined by the Chief
Minister, on the advice of the Actuary, having regard to the additional
benefits arising, or
(iii) any
combination of payments described in clauses (i) and (ii) as the Chief
Minister may determine in consultation with the employer and the Committee; and
(e) the
additional contributions payable under sub-paragraph (b) shall be made
without the need for an amendment to the Regulations.[43]
(5) Where by virtue of the
declaration –
(a) a
former member is entitled to additional payments under paragraph (3)(e) in
respect of benefits;
(b) one
or more of the additional payments are delayed by more than one month after the
dates on which they are due; and
(c) the
delay is not the fault of the former member,
each additional payment which is so delayed shall be increased with
interest at the Bank of England base rate from the effective date of the
declaration (or from the date on which it was due to be paid, if that date is
later) up to and including the actual date of payment.[44]
(6) Contributions payable
by a member under Regulation 3(1) –
(a) where
they are due before the effective date of the declaration of a pensionable
allowance, shall be based on the member’s salary excluding that
pensionable allowance; and
(b) where
they are due on or after the effective date of the declaration of a pensionable
allowance, shall be based on the member’s salary including that
pensionable allowance.
(7) Contributions payable
by employers under Regulation 4 –
(a) where
they are due before the effective date of the declaration of a pensionable
allowance, shall be based on members’ salaries excluding that pensionable
allowance; and
(b) where
they are due on or after the effective date of the declaration of a pensionable
allowance, shall be based on members’ salaries including that pensionable
allowance.[45]
(8) [46]
(9) Subject to paragraphs (10),
(11), (12) and (13), the employer may revoke a declaration of a pensionable
allowance, on giving the Committee and the Chief Minister at least 6 months
notice of the intention to do so.
(10) Where the Committee receives
notice of the intention to revoke a pensionable allowance under paragraph (9)
it shall determine, in consultation with the employer and the Chief Minister and
having regard to the advice of the Actuary, a method of dealing equitably with
members’ past service entitlements in respect of such pensionable
allowance received before the proposed date of revocation.
(11) If the pensionable allowance
gives rise to added years of pensionable service under Regulation 17, the
method to which paragraph (10) of this Regulation refers may involve inter alia the cancellation of part or all of the
added years of pensionable service credited under Regulation 17.
(12) If the pensionable allowance
does not give rise to added years of pensionable service under Regulation 17,
the method to which paragraph (10) of this Regulation refers may involve inter alia the provision of an appropriate number
of added years of pensionable service, which shall be deemed to be added years
credited under Regulation 17 for the purposes of these Regulations.
(13) The revocation of a
pensionable allowance declaration takes effect upon the expiry of the notice
given by the employer under paragraph (9).[47]
17 Added
years in respect of pensionable allowance [48]
(1) In the case of a member
or former member who has received a pensionable allowance giving rise to added
years of pensionable service under this Regulation, the number of the added
years to be credited shall be determined as follows –
(a) if
the employer has declared that the pensionable allowance received by the
individual concerned before the effective date of the declaration shall count
towards the computation of benefits, the number of added years of pensionable
service in respect of the period before the effective date shall be determined
by the employer, with the consent of the Chief Minister after he or she has
consulted the Committee and the Actuary;
(b) in
respect of each calendar year during which the individual concerned is a member
(excluding the calendar years before the effective date of the declaration,
and, if it has been revoked, excluding the calendar years after the effective
date of revocation of the declaration), the number of added years of
pensionable service shall be determined in accordance with the formula 
, where –
(i) “A”
is the number of days during the year when the individual was a member
(excluding any days before the effective date of the declaration and, if it has
been revoked, after the effective date of its revocation),
(ii) “B”
is the total pensionable allowance giving rise to added years which was
received by the member during the year (excluding the pensionable allowance
received before the effective date of the declaration and, if it has been
revoked, after the effective date of its revocation), and
(iii) “C”
is the total salary received by the member during the year (excluding B and
excluding any salary received before the effective date of the declaration and,
if it has been revoked, after the effective date of its revocation); and
(c) at
the time the member ceases to be a member of the scheme, the total number of
added years of pensionable service to be credited to the individual shall be
the sum of the added years determined under sub-paragraph (a) and the
added years determined in respect of each calendar year under sub-paragraph (b),
but in the case of a member who was a part-time employee at any time
during the year, C shall be subject to an adjustment, determined by the Actuary
after consulting the employer, having regard inter
alia to the proportion of full-time hours worked by the member.
(2) Where –
(a) there
is to be calculated under Regulation 9(2) or 11(2)(b) a pension or period of
pensionable service which would have applied to an individual if the individual
had continued in service until normal retiring age; and
(b) the
individual received, in the year immediately preceding the date the individual
ceased to be a member of the scheme, a pensionable allowance giving rise to
added years of pensionable service under this Regulation,
it shall be assumed, for the purpose of the calculation, that the
number of added years of pensionable service credited under this Regulation in
respect of the year immediately preceding the date on which the individual
ceased to be a member of the scheme would also have been credited in respect of
each year after the individual ceased to be a member, up to and including the
date of the individual’s normal retiring age, with the credit in respect
of a part year counting proportionately.
17A Award of
compensatory added years
(1) Subject to paragraph (3),
this Regulation has effect where an employer-initiated salary reduction is
applied to a member’s salary.
(2) The employer must, by
way of compensation for the detriment caused to that member’s pension 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 service accrued by the member immediately before the salary reduction
date; and
(b) the
member’s salary received before the salary reduction date, and on and
after that date.
(3) This Regulation does
not have effect where an employer-initiated salary reduction is applied in the
case of a member who has attained normal retiring age but has not left service.[49]
18 Modification of
scheme for the Chief and Assistant Chief Ambulance Officers[50]
In their application to a person employed as the Chief Ambulance
Officer or an Assistant Chief Ambulance Officer in the States of Jersey
Ambulance Service whose basic salary due under his or her contract of service
has been reduced by 4%, these Regulations shall have effect subject to the
following modifications –
(a) the normal retiring age
shall be 60 years for such a person and the definition “normal retiring
age” in Regulation 1 shall be construed accordingly;
(b) every member who has
attained normal retirement age and has retired at that age or later in
accordance with Regulation 5(1) shall be entitled during the member’s
life to an annual pension under the scheme commencing as from the date of
actual retirement, and Regulation 5(2) shall be amended accordingly;
(c) no lump sum shall be
payable to a female member, and Regulation 5(2) and (3) shall be amended
accordingly;
(d) the annual rate of
retirement pension shall be calculated as 1/45th of the member’s average
salary for each year of pensionable service, subject to a maximum of 35 years
of pensionable service, and Regulation 5(3) shall be amended accordingly;
(e) for a person employed
as the Chief Ambulance Officer or an Assistant Chief Ambulance Officer in the
States of Jersey Ambulance Service whose basic salary due under his or her
contract of service has been reduced by 4%, Regulation 8 shall be construed as
if for the words “50 but under 60 years of age in the case of a male
member or over 45 but under 55 years in the case of a female member”,
there were substituted the words “45 but under 55 years of age”.
19 Forfeiture
If a member is dismissed or resigns in consequence of an offence of
a fraudulent character, or an act of dishonesty, or other misconduct, the
member shall forfeit all claims to pensions or other benefits under the scheme
and shall forfeit all amounts contributed by the member to the fund or to the
Former Hospital Scheme, except so much thereof, as the Committee may in its
absolute discretion allow the member or the member’s wife or civil
partner, children or dependants to receive.[51]
20 Bankruptcy
and non-assignment of benefits
If a member becomes bankrupt or does or attempts to do any act or
thing not permitted by these Regulations whereby the member during the
member’s lifetime, or the member’s personal representatives after the
member’s death, shall be divested of the member’s interest or any part
thereof in the benefits of the scheme, then all rights and benefits defined by
these Regulations in respect of such member shall vest in the Committee and all
amounts which would otherwise be due to the member shall be applied for the
benefit of the member and the member’s dependants:
Provided that no payment by the Committee shall be made directly or
indirectly to or for the benefit of any assignee.
21 Part-time
employees
(1) In the case of a member
who is or has at any time been a part-time employee –
(a) the
member’s period of pensionable service shall, for purposes of computation
of benefit but not of qualification therefor, be deemed to be reduced in
respect of each period of part-time service, taking into account the actual
time worked, and salary received, in comparison with persons in the same or
similar category who worked whole-time;
(b) the
member’s average salary shall be computed by substituting the whole-time
equivalent salary for that actually earned in respect of each period of part-time
service during the 3 years immediately preceding the member’s ceasing to
be an employee or the member’s attaining normal retiring age, whichever first
occurs.
(2) The extent of the
reduction of pensionable service and the amount of the whole-time equivalent
salary for the purposes of paragraph (1) shall be determined by the Committee
on the advice of the Actuary, acting on information supplied by the employer.
(3) Final pensionable
salary shall be determined by the Actuary having regard inter alia to the amount of the whole-time
equivalent salary for the purposes of paragraph (1).[52]
22 Transitional
provisions
(1) Each pension in payment
on the 1990 appointed day to or in respect of a former member of the
Former Hospital Scheme who left that Scheme before the 1990 appointed day
without having become a member of the scheme or without being entitled to a pension
from the scheme derived from the service of such a member shall (if such former
member or any widow of such former member does not elect otherwise before a
date to be specified by the Policy and Resources Committee) be deemed for the
purpose of these Regulations to be a pension payable to or derived from the
service of a member of the scheme. In such an event the entitlements of or in
respect of that former member under these Regulations and the General
Regulations shall be provided instead of the entitlements under the Former
Hospital Scheme Rules. Increases in respect of changes in the Jersey Cost of
Living Index made to such pensions shall from the next pension payment date
after the date of determination of the Former Hospital Scheme be payable from
the funds of the scheme and the pensions shall thereafter be increased in
accordance with Regulation 8 or 12(2)(a) of, and paragraph 2 of Schedule 1
to, the Funding and Valuation Regulations.[53]
(2) A former member of the
Former Hospital Scheme with an entitlement to a deferred pension, or to a
deferred pension and lump sum, under Rule 22 of the Former Hospital Scheme
Rules which had not before the 1990 appointed day become payable under the
provisions of those Rules shall (if such former member does not elect otherwise
before a date to be specified by the Policy and Resources Committee) be deemed
for the purpose of these Regulations to have been a member of the scheme.[54]
(3) Members and former
members of the Former Hospital Scheme may elect not to transfer their accrued
rights under the Former Hospital Scheme to the scheme, in which event the
Trustee of the Former Hospital Scheme shall purchase insurance contracts
securing benefits specified in Rule 51A(8) of the Former Hospital Scheme Rules.
The benefits referred to in Rule 51A(8)(a)(i) to (iv) of the Former Hospital
Scheme Rules shall from the date of determination of the Former Hospital Scheme
be increased in accordance with Regulation 8 or 12(2)(a) of, and paragraph 2
of Schedule 1 to, the Funding and Valuation Regulations, and the resulting
increases in respect of changes in the Jersey Cost of Living Index shall be
payable from the fund.[55]
(4) If the Committee is
satisfied, after consulting the employer and the Actuary, that a former member
of the Former Hospital Scheme, including a former member who left that scheme
without becoming a member of the scheme, or the widow, children or dependants
of such a member, has or have not after the 1990 appointed day received a
benefit or benefits to which the member or they have been entitled under the Former
Hospital Scheme Rules, that former member shall if necessary be deemed for the
purpose of this Regulation to have been a member of the scheme under these Regulations
and the member and/or the member’s widow, children and dependants shall
be deemed to be entitled to that benefit or those benefits under the scheme.
(5) In the case of an
employee to whom these Regulations apply, contributions paid by that employee,
and in respect of that employee by the employee’s employer, to the Former
Hospital Scheme in respect of the period after the 1990 appointed day
shall be deemed to be contributions paid to the fund, and benefits paid to and
in respect of that employee from the Former Hospital Scheme in respect of the
period after the 1990 appointed day shall be deemed to be benefits paid under
the scheme.[56]
(6) In the case of a member
who dies before the commencement of the Public Employees (Contributory
Retirement Scheme) (Former Hospital Scheme) (Amendment No. 2) (Jersey)
Regulations 1995 benefits shall be payable as set out in these Regulations
as though the amendments made to Regulation 9(6), Regulation 10(4) and Regulation
12(3) and (4) had not been made.[57]
(7) [58]
23 Citation
These Regulations may be cited as the Public Employees (Contributory
Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992.