Public Employees
(Contributory Retirement Scheme) (Jersey) Regulations 1967[1]
1 Interpretation
(1) 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;
“1988 appointed day” means 1st January 1988;
“appointed day” means 1st January 1968;
“average salary” means the average of the annual salary
received by a contributory member during the 3 years immediately before and
including the day on which he or she ceases to hold his or her employment or
the day on which he or she attains normal retiring age, whichever is the
earlier:
Provided that –
(i) a contributory
member whose salary has been reduced or discontinued by reason of his or her
absence from duty owing to ill-health or injury shall be deemed to have
received the salary which he or she would otherwise have received but for the
reduction or discontinuance as certified by the employer,
(ii) if
during the 3 years immediately before and including the day on which he or she
ceases to hold his or her employment or the day on which he or she attains
normal retiring age, whichever is the earlier, the contributory member was
absent from duty under Regulation 4(5) and –
(A) contributions
were paid in respect of his or her absence on the basis of the salary he or she
would otherwise have received (as determined by the employer), such salary will
be taken into account for the purpose of determining average salary,
(B) contributions
were not paid in respect of his or her absence, the period of absence shall be
disregarded in accordance with clause (iii) for the purpose of determining
average salary,
(iii) if
the period of absence is disregarded under clause (ii), the 3 years
immediately before and including the day on which he or she ceases to hold his
or her employment or the day on which he or she attains normal retiring age,
whichever is the earlier, shall mean –
(A) the period
from the day he or she returned from absence to the day he or she ceases to
hold his or her employment or the day on which he or she attains normal
retiring age, whichever is the earlier, plus
(B) the
period immediately before and including the day on which his or her absence
commenced which when added to the period in sub-clause (A) equals 3 years,
and the 2 periods in sub-clauses (A) and (B) shall be treated
as if they were continuous;
“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 of Management 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 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 he or she has not attained the age of 23
years, and either he or she is receiving full-time education in an educational
establishment approved by the Committee of Management, or is not receiving
full-time education but the Committee of Management is satisfied that it
remains appropriate to treat him or her as a child for the purposes of these Regulations;
“civil servant” means a person in the employ of the
States whose duties are wholly or mainly administrative, professional, technical
or clerical and includes immigration officers appointed pursuant to the Immigration
(Jersey) Order 1993;
“Committee of Management” shall be construed in
accordance with Article 4 of the 2014 Pensions Law and Regulation 2
of the Administration Regulations;
“contributory member” has the meaning assigned thereto
by Regulation 4 of these Regulations;
“dependant” means, in relation to any deceased
contributory member –
(a) any
adult person; or
(b) any person
who is not an adult and is not a child as defined under these Regulations,
who was at the time of his or her death dependant on him or her for
the provision of all or most of the ordinary necessities of life;
“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; or
(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 contributory 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 contributory member’s employment; or
(b) a
re-evaluation of any salary scale or structure that may apply in respect of
that contributory member’s employment;
“equivalent scheme established outside Jersey” shall be
construed in accordance with Article 131CG of the Income Tax Law;
“1989 Existing Members Regulations” means the Public Employees
(Contributory Retirement Scheme) (Existing Members) (Jersey)
Regulations 1989;
“Former Hospital Scheme Regulations” means the Public Employees (Contributory
Retirement Scheme) (Former Hospital Scheme) (Jersey) Regulations 1992;
“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 contributory member’s relations or dependants;
(b) any
individual or person nominated by the contributory member by notice in writing
addressed to and received by the Committee of Management during his or her
lifetime to receive the whole or any part of such benefit; and
(c) the
contributory member’s estate,
which the Committee of Management shall at its absolute discretion
determine as recipients of a lump sum payable on the death of a member;
“manual worker” means a person in the employ of the
States whose terms of employment are governed by the Manual Workers’
Joint Council or a person, other than a civil servant, in the employ of the
Economic Development Committee;[2]
“1989 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;
“pension” means a pension payable by virtue of Regulation
7, 8 or 11 of these Regulations;
“2014 Pensions Law” means the Public Employees (Pensions)
(Jersey) Law 2014;
“relations” means –
(a) the
widow, widower or surviving civil partner of the contributory member or any
former husband, wife or civil partner of the contributory member;
(b) any
child or other descendant of the contributory 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
contributory member and the widow, widower or surviving civil partner of such
father, mother or other ancestor; and
(d) any
brother or sister of the contributory 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 of
Management the contributory member or other person as appropriate stands, or
would but for the contributory 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 and Consequential Amendments
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 and Consequential Amendments
Regulations;
“salary” means all salary, wages and other payments paid
or made to a contributory member as such for his or her own use and includes
the money value of any accommodation and allowances in kind appertaining to his
or her employment, but does not include any overtime payments or any travelling
or subsistence allowances or payments made to him or her for the purposes of
his or her 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 these
Regulations (which shall upon the coming into force of the Administration
Regulations, be administered in accordance with those Regulations);
“service” means service as a contributory member as
determined under Regulations 4, 5, 16 and 20(1)(f), Regulation 7(1)(b)
of the General Regulations as it was in force immediately prior its repeal by
the Transitional and Consequential Amendments Regulations, Regulation 17
of the General Regulations, and Regulation 23(5)(a) of the Administration
Regulations;
“transitional pensioner” means a person who made or is
deemed to have made an election pursuant to the Transitional Regulations;
“Transitional and Consequential Amendments Regulations”
means the Public Employees (Pension
Scheme) (Transitional Provisions, Savings and Consequential Amendments)
(Jersey) Regulations 2015;
“Transitional Regulations” means the Public Employees
(Contributory Retirement Scheme) (Transitional Provisions) (Jersey)
Regulations 1987;
“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. [3]
(2) A reference in these
Regulations to the States shall, except in Regulation 8(2)(b), be construed as
“any other employer” within the meaning given in paragraph (b)
of the definition “employer”.[4]
2 Application[5]
(1) These Regulations shall
apply to –
(a) persons
who left the employ of the States before the 1988 appointed day in respect
of service before that day;
(b) persons
employed by the States on the 1988 appointed day who either –
(i) participated in
the scheme on the day immediately preceding the 1988 appointed day, or
(ii) were
eligible to do so but for the fact that they were under the age of 20
years,
and who have not exercised an option that the 1989 Existing
Members Regulations or the 1989 New Members Regulations shall apply to
them,
but shall not apply to persons who are re-employed by the States
after the 1988 appointed day in respect of service after the date of such
re-employment.[6]
(2) A contributory member
participating in the scheme under these Regulations who ceases to be employed
by his or her current employer shall remain a contributory member under these Regulations
if the member –
(a) immediately
becomes employed by another employer which is participating in the scheme, such
employer having participated continuously in the scheme or the Former Hospital
Scheme since 31st December 1987; and
(b) 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
contributory member.[7]
3 [8]
4 Contributory
members
(1) Subject to the
provisions of Regulation 2, all persons employed by the States as are mentioned
in paragraph (2), shall participate in the scheme and such persons are
hereinafter referred to as “contributory members”.[9]
(2) The persons referred to
in paragraph (1) are the following, that is to say –
(a) any
civil servant or manual worker in the employ of the States prior to the
appointed day who has elected under Regulation 5 to participate in the scheme;
(b) all
civil servants and manual workers other than civil servants and manual workers
to whom sub-paragraphs (c) and (d) apply, who enter the employ of the
States on or after the appointed day;
(c) any person
in the employ of the Committee for Postal Administration on 1st
October 1969 who immediately before that day was in the employ of Her
Majesty’s Postmaster-General and who has elected under arrangements
approved in that regard to participate in the scheme;
(d) all
persons who entered the employ of the said Committee after 1st
October 1969:
Provided that the following civil servants and manual workers shall
not be contributory members, that is to say a person who –
(i) is under the age
of 20 years,
(ii) cannot
complete 10 years service before attaining normal
retiring age,
(iii) has
attained normal retiring age on or before the appointed day, or
(iv) does
not satisfy the Chief Minister that he or she is employed by the States in a
whole time, permanent capacity.[10]
(3) A civil servant or
manual worker to whom paragraph (2)(a) refers shall be deemed for the
purposes of reckoning his or her service as having been a contributory member
from the date on which his or her service with the States was reckoned for the
purposes of any pension to which that person might have been entitled before he
or she elected to participate in the scheme, or, where he or she was not so
entitled, from such date as the Chief Minister shall in any particular case
determine.
(4) For the purposes of
this Regulation, a person shall be deemed to be employed in a whole time,
permanent capacity if he or she devotes substantially the whole of his or her
time to employment in the service of the States.
(5) Where a contributory
member is absent from duty (other than by reason of ill-health or injury) with
the agreement of the employer (such period of absence commencing on or after
the 1988 appointed day), he or she shall be deemed to remain a
contributory member for a period not exceeding 2 years or such greater period
as the Committee of Management may in any case determine:
Provided that –
(a) service
up to and after his or her period of absence shall be treated as continuous,
but the period of absence shall only count as service if the contributory
member continues to contribute (on the basis of the salary he or she would
otherwise have received, as determined by the employer), or on return to his or
her duties the member pays such arrears of contributions over such period as
the Committee of Management shall agree;
(b) if
the period of absence counts under sub-paragraph (a) of this proviso, the
employer shall continue to contribute to the fund (on the basis of the
contributory member’s salary as determined under that sub-paragraph) or
pay such arrears of contributions on return to his or her duties, over the same
period as in that sub-paragraph, as appropriate; and
(c) where
a contributory member ceases to be a contributory member during such period of
absence (or before his or her full arrears of contributions have been paid
under sub-paragraph (a) of this proviso) the period of absence shall count
as service for the purpose of calculating any benefits payable under the scheme
only to the extent determined by the Actuary as appropriate to the
contributions that have been paid in respect of such period of absence.[11]
5 Existing
employees
(1) A civil servant or
manual worker who in the opinion of the Establishment Committee was in the
permanent full-time employ of the States prior to the appointed day and who is
not a person mentioned in the proviso to Regulation 4(2) shall be entitled to
make written application to the Establishment Committee within the 3 months
next following that day to participate in the scheme and, in such event, the
provisions of these Regulations shall apply to him or her as from the appointed
day to the exclusion of the provisions of the Civil Service Administration
(Pensions) (Jersey) Rules 1963, or such other pensions scheme of which he
or she was a member prior to the appointed day.
(2) A civil servant or
manual worker who in the opinion of the Establishment Committee was in the
permanent full-time employ of the States prior to the appointed day but who was
on that day under the age of 20 years, shall be entitled to make written
application to the Establishment Committee within the 3 months next following
the day on which he or she attains such age and, in such event, the provisions
of these Regulations shall apply to him or her as from such day to the
exclusion of the provisions of the Civil Service Administration (Pensions)
(Jersey) Rules 1963, or such other pensions scheme as aforesaid.
(3) For the avoidance of
doubt, it is hereby declared that if a person to whom this Regulation applies
does not make application as aforesaid to the Establishment Committee to
participate in the scheme, the provisions of the Civil Service Administration
(Pensions) (Jersey) Rules 1963, or such other pensions scheme as
aforesaid, shall continue to apply to him or her as if these Regulations, apart
from this Regulation, had not been passed.
6 Contributions[12]
(1) Subject to paragraph (4),
a contributory member and that member’s employer shall pay such
contributions to the fund as are required under Regulation 11(2) or 14 of,
and Schedule 3, and Regulation 15 of, and Schedule 4 to, the Funding
and Valuation Regulations.[13]
(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.
(3) An employer’s contributions
shall be paid to the Administrator in the manner required under Regulation 11(7)
of the Funding and Valuation Regulations.
(4) A contributory member
who has attained normal retiring age shall cease to make the contributions
required under paragraph (1).
(5) With effect from
1st January 1999, the employer of each member who is employed as an
Emergency Ambulance Officer in the States of Jersey Ambulance Service shall pay
additional contributions to the fund 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.
(6) The amount to be paid
in any year under paragraph (5) shall be the amount specified in respect
of that year by the Actuary in a certificate provided to the Committee of
Management.
(7) 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
fund 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 19 had not applied.
(8) The amount to be paid
in any year under paragraph (7) shall be the amount specified in respect
of that year by the Actuary in a certificate provided to the Committee of
Management.
7 Retirement
pension
(1) Subject to the
provisions of these Regulations, a contributory member shall be entitled, on
ceasing to hold employment with the States, to receive a retirement pension
if –
(a) he or
she has completed not less than 10 years service; and
either
(b) he or
she has attained normal retiring age; or
(c) he or
she is incapable of discharging efficiently the duties of his or her employment
by reason of permanent ill-health or disability of mind or body.
(2) Subject to paragraphs (2A)
(2B) and (3), the annual rate of retirement pension shall be calculated as
1/60th of the contributory member’s average salary for each year of
service (calculated in completed years plus 1/12th of a year for each completed
month in the final part-year up to the date of leaving service, or the date of
attaining normal retiring age if earlier, plus any completed years of service
between the date of attaining normal retiring age and the date of leaving
service if later), subject to a maximum of 45 years of service.[14]
(2A) Paragraph (2B) applies
where –
(a) an
employer-initiated salary reduction is applied to a contributory member’s
salary; and
(b) the
member is awarded added years of service under Regulation 15A.[15]
(2B) Where this paragraph applies –
(a) the
contributory member’s salary for each year of service before an
employer-initiated salary reduction is applied is to be disregarded for the
purposes of calculating the annual rate of retirement pension under paragraph (2);
and
(b) for
the purposes of that calculation under paragraph (2), the contributory
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:
contributory 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 contributory 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: contributory
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 contributory 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: contributory
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 contributory 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]
|
(3) For the purpose of
calculating the number of completed years of service, the maximum number of
years of service referred to in paragraph (2) and that paragraph as
modified by Regulations 17(b), 18(b), 19(b), 20(1)(c) and (2)(c) and 20A(c),
are to be disregarded in respect of service attributable to –
(a) a refund or a transfer value
paid under –
(i) Regulation 12
before its repeal by the Public Employees (Contributory Retirement Scheme)
(Miscellaneous Amendments) (Jersey) Regulations 2015, or
(ii) original
Regulation 14 before its repeal by the Public Employees (Contributory
Retirement Scheme) (Amendment No. 11) (Jersey) Regulations 1989; or
(b) any
additional period of service
awarded under Regulation 15A.[17]
(4) Notwithstanding the
provisions of paragraph (1)(b), a contributory member may retire at any
time not more than 5 years before attaining normal retiring age and, if a
member has completed not less than 10 years service,
the Chief Minister may require the member similarly so to retire.[18]
(4A) Subject to paragraph (4B) and
paragraph (4BB), a retirement pension calculated in accordance with
paragraph (2) shall be payable to a member who retires under paragraph (4)
from the date of his or her retirement.[19]
(4B) This paragraph applies to a
category A member who retires or has his or her employment terminated on
or after 9th February 2011 and whose pension, either in whole or in
part, is attributable to a transfer payment received by –
(a) the
Treasurer on or after 9th February 2011 but before 1st January 2015,
in accordance with repealed
Regulation 7 of the General Regulations under a United Kingdom transferring arrangement;
(b) the
Treasurer on or after 1st January 2015 but before the commencement of
Schedule 1 to the Transitional Regulations, in accordance with repealed Regulation 7 of the General Regulations from an equivalent scheme established outside
Jersey; or
(c) 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.[20]
(4BB) Where paragraph (4B) applies –
(a) such
part of the member’s pension that is not attributable to such a transfer
payment shall be payable from the date of the member’s retirement; and
(b) such
part of the pension that is attributable to such a transfer payment shall be
treated for the purposes of the scheme as a deferred pension to which the
member is entitled under Regulation 11.[21]
(4C) A member shall be treated for the
purposes of the scheme as a deferred pensioner in respect of that part of the
pension treated as a deferred pension under paragraph (4BB)(b) except that
the member shall not be permitted to waive entitlement to that deferred pension
by requesting a transfer payment.[22]
(4D) A member is a category A
member for the purposes of this Regulation if that member falls within the definition
of a category A member in the 1989 Existing Members Regulations or the 1989 New
Members Regulations.[23]
(5) The Committee of
Management may require a person in receipt of a retirement pension by virtue of
paragraph (1)(c) to undergo from time to time such medical examination as
the Committee of Management thinks fit and in any case where he or she refuses
to undergo an examination his or her pension or such part thereof as the Committee
of Management may deem appropriate shall be withheld.[24]
(6) If, as a result of a
medical examination carried out in pursuance of paragraph (5), the Committee
of Management is advised that the person is able to perform efficiently duties
which are compatible with his or her former employment and an employer offers
such employment, he or she shall cease to receive a retirement pension by
virtue of paragraph (1)(c) as from the date of him or her re-entering the
service of the States, or 3 months from the date of the offer of re-employment,
whichever date is the earlier.
If the person has not re-entered the service of the States within 3
months from the date of the offer of re-employment, he or she shall be entitled
to benefits under these Regulations on the basis that he or she had left the
service of the States without being entitled to a retirement pension under paragraph (1)(c).[25]
8 Widow’s
pension
(1) Subject to the
provisions of these Regulations, a widow of a contributory member who dies on
or after the appointed day and who, at the time of the member’s
death –
(a) had
not yet retired from the service of the States but had completed 10 or more years service;
(b) was
receiving a retirement pension; or
(c) had
retired from the service of the States and would have been entitled to receive
a retirement pension by virtue of Regulation 11 if the member had lived to
attain normal retiring age,
shall be entitled to receive a widow’s pension:
Provided that a widow shall not be entitled to receive a
widow’s pension by virtue of sub-paragraph (b) if the marriage took
place after the member had attained normal retiring age.[26]
(2) The annual rate of a
widow’s pension shall be as follows –
(a) in
the case of the widow of a member to whom paragraph (1)(a) refers (a
member who dies in service) –
(i) where the member
had not attained normal retiring age, one half of the amount of retirement
pension which that member would have received by virtue of Regulation 7(2), if the
member had retired on attaining normal retiring age, the member’s salary
from the date of the member’s death to that date having remained
unaltered,
(ii) where
the member had attained normal retiring age, one half of the amount of retirement
pension which that member would have received by virtue of the said paragraph (2)
if the member had retired on the day immediately preceding the member’s
death; or
(b) in
the case of the widow of a member to whom paragraph (1)(b) refers (a
member who dies after retirement) –
(i) where the member,
having retired at or after normal retiring age, had been receiving a retirement
pension by virtue of Regulation 7(1)(a) and (b) or, having retired from the
service of the States before normal retiring age and lived to attain normal
retiring age, had been receiving a retirement pension by virtue of Regulation
11 of these Regulations, one half of the amount of retirement pension which
that member was receiving by virtue of Regulation 7(2), as increased by any
subsequent Act of the States or under Regulation 8 or 12(2)(a) of, and
paragraph 2 of Schedule 1 to the Funding and Valuation Regulations during
the period from the date of retirement to the date of the member’s death,
(ii) where
the member, having retired early because of ill health, had been receiving a
retirement pension by virtue of Regulation 7(1)(a) and (c), one half of the
amount of retirement pension which that member would have received by virtue of
Regulation 7(2), if the member had retired on attaining normal retiring age, the
member’s salary from the date of the member’s actual retirement to
that date having remained unaltered, that amount being further increased by the
proportion that (A) the member’s retirement pension as increased by any
subsequent Act of the States or under Regulation 8 or 12(2)(a) of, and
paragraph 2 of Schedule 1 to the Funding and Valuation Regulations during
the period from the date of retirement to the date of death bears to (B) the
member’s retirement pension before such increases, or
(iii) where
the member had been receiving a retirement pension, having retired early in
accordance with Regulation 7(4), one half of the amount of retirement pension
which that member was receiving by virtue of Regulation 7(2), as increased by
any subsequent Act of the States or under Regulation 8 or 12(2)(a) of, and
paragraph 2 of Schedule 1 to the Funding and Valuation Regulations during
the period from the date of retirement to the date of the member’s death;
(c) in the
case of the widow of a member to whom paragraph (1)(c) refers (a member
who dies during the period the member’s pension is deferred), one half of
the amount of retirement pension which that member would have received by
virtue of Regulation 7(2), increased during the period from the date of leaving
to the date of the member’s death as if the member had retired on the day
of leaving and received such retirement pension from that date.[27]
(3) A widow’s pension
shall cease to be payable to a widow –
(a) if
the widow remarries, as from the date of such marriage;
(b) if
the widow enters into a civil partnership, as from the date of such civil
partnership;
(c) during
any period during which the widow is cohabiting with a man as the man’s
wife or with a woman as the woman’s spouse; and
(d) during
any period during which the widow is cohabiting with a woman as the
woman’s civil partner.[28]
(4) For the purposes of
this Regulation, “salary” means in the case of a contributory
member whose salary at the time of the member’s death had been reduced or
discontinued by reason of the member’s absence from duty owing to
ill-health or injury, the salary which the member would otherwise have received
but for the reduction or discontinuance.[29]
9 Children’s
benefit
(1) Where a contributory
member dies after having completed at least 10 years service
or after having been in receipt of a retirement pension under Regulation 7(1)(c),
leaving a widow and a child, the widow shall be entitled to receive annually in
respect of each child the sum of £100:
Provided that where the Committee of Management is satisfied that a
child is in the care of, or is being maintained by, some person or authority
other than the widow, the Committee of Management may at its absolute
discretion pay the children’s benefit in respect of that child to that
other person or authority instead of to the widow.[30]
(2) Where a contributory
member dies after having completed at least 10 years service
or after having been in receipt of a retirement pension under Regulation 7(1)(c)
of these Regulations, and leaves a child but no widow or widower, or leaves a
widow or widower who subsequently dies, the person or authority who, in the
opinion of the Committee of Management, has the care of, or is maintaining the
child shall be entitled to receive annually the sum of £150.[31]
(3) Notwithstanding paragraph (1)
or (2) of this Regulation –
(a) if
the child is not for the time being receiving full-time education but the Committee
of Management, 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 of Management may suspend
payment of the child’s benefit temporarily;
(b) a
decision made under sub-paragraph (a) may be varied in the light of
further evidence; and
(c) the Committee
of Management 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 of Management satisfactory, his or her benefit may be
withheld.[32]
10 Death
benefit
(1) Subject to the
provisions of these Regulations, if a contributory member dies after having
completed at least 5 years service as a contributory
member but before he or she has attained normal retiring age, there shall be
paid to one or more of the lump sum recipients in such proportions as the Committee
of Management shall determine an amount equal to the annual salary which he or
she was receiving at the date of his or her death or the aggregate amount of
his or her contributions together with compound interest thereon calculated to
the date of his or her death at the rate of 3% per annum with half yearly
rests, whichever is the greater:
Provided that the Committee of Management may determine in any
particular case that the lump sum is paid only partially or not at all.[33]
(2) In the case of a
contributory member who dies before completing 5 years
service as a contributory member, there shall be paid to one or more of
the lump sum recipients in such proportions as the Committee of Management
shall determine an amount equal to the aggregate amount of his or her
contributions together with compound interest thereon calculated in the manner
described in paragraph (1):
Provided that the Committee of Management may determine in any
particular case that the lump sum is paid only partially or not at all.[34]
(3) For the purposes of paragraph (1),
“annual salary” means, in the case of a contributory member whose
salary at the time of his or her death had been reduced or discontinued by
reason of his or her absence from duty owing to ill-health or injury, the
salary which he or she would otherwise have received but for the reduction or
discontinuance, as certified by his or her employer.[35]
(4) In the case of a member
who dies before the commencement of the Public Employees (Contributory
Retirement Scheme) (Amendment No. 14) (Jersey) Regulations 1995 payment
shall be made to the member’s estate as though the amendments made to paragraphs (1)
and (2) by the Public Employees (Contributory Retirement Scheme) (Amendment No.
14) (Jersey) Regulations 1995 had not been made.[36]
11 Deferred pension
or transfer payment[37]
Where a contributory member ceases to hold employment with the
States, he or she shall be entitled –
(a) to a deferred
retirement pension payable on his or her attaining normal retiring age
calculated in accordance with Regulation 7(2); or
(b) to apply for a transfer
payment out of the fund under Regulation 22 of the Administration
Regulations.
11A Exchange of trivial pension for
lump sum [38]
(1) In
accordance with Article 131CE (permitted commutation – trivial
pension) of the Income Tax Law and this Regulation, a contributory member
entitled to a retirement pension under Regulation 7 (“contributory
member”), or a member entitled to a deferred pension under
Regulation 11 (“deferred pension member”) 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 –
|
|
|
|
“An approved Jersey scheme”
|
“The pension scheme established by the Public Employees (Contributory Retirement
Scheme) (Jersey) Regulations 1967 (the “scheme”)”
|
|
“commute”
|
“exchange”
|
|
“pension holder”
|
“contributory member or deferred pension member of the
scheme”
|
|
“fund value”
|
“capital value of the contributory member’s or
deferred pension member’s pension accrued under the scheme”.
|
(3) An
exchange under paragraph (1) is not permitted where the capital value of
the contributory member’s or deferred pension member’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
contributory member, be made on the day after the member ceases employment, or
(ii) a
deferred pension member, be made not later than 3 months after the date of
the election under paragraph (1);
(b) extinguishes
the contributory member’s or deferred pension member’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 death.
12 [39]
13 Transitional
provision in relation to female contributory member
Notwithstanding anything in these Regulations, a female contributory
member who, before becoming entitled to any retirement pension, leaves the
service of the States in consequence of her marriage and who under the
provisions of Rule 5 of the Civil Service Administration (Pensions) (Jersey)
Rules 1963, or under the provisions of any other pensions scheme of which she
was a member prior to the appointed day, would have been entitled to a marriage
gratuity shall also receive the marriage gratuity in the amount to which she
would have been entitled under the above-mentioned Rules or under such other
pensions scheme as aforesaid.[40]
14 Benefit
to be inalienable
Subject to the provisions of these Regulations, no pension or other
benefit payable by virtue of these Regulations shall be capable of being
assigned, charged or attached, nor shall they pass to any other person by
operation of law, nor shall any claim be set off against the same.
15 Reduction
of salary
(1) Subject to paragraph (4),
in any case where the salary of a contributory member is reduced and, in the
opinion of the Chief Minister, such reduction is not due to the wilful fault of
the member, he or she may, within 3 months of the date on which the reduction
takes effect, give notice in writing to the Chief Minister that he or she wishes
to continue to pay contributions at the rate at which he or she was paying them
immediately before the reduction, and thereupon for all the purposes of this
scheme his or her salary shall be deemed to be an amount equal to that of his
or her salary immediately before such reduction.
(2) In any case where a
contributory member gives notice as aforesaid, the contribution to be paid by
the States in respect of him or her shall be the contribution which was so
payable before the reduction in salary.
(3) The provisions of this Regulation
shall apply until such time as the member’s salary rises above the level
of that at which it was payable immediately prior to the reduction referred to
in paragraph (1).
(4) This Regulation does
not apply where the contributory member’s salary is reduced as a result
of an employer-initiated salary reduction.[41]
15A Award of
additional service[42]
(1) Subject to paragraph (3),
this Regulation has effect where an employer-initiated salary reduction is
applied to a contributory 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 additional period of
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.
16 Augmentation[43]
An employer may pay an additional contribution to the fund to obtain
added years of service for any contributory member, the amount of such
additional contribution being determined by the Committee of Management on the
advice of the Actuary.[44]
17 Modification
of scheme for Air Traffic Control Officers[45]
In their application to Air Traffic Control Officers, these Regulations
shall have effect subject to the following modifications –
(a) the normal retiring age
shall be 60 years and the definition of that phrase in Regulation 1 shall be
construed accordingly;
(b) the annual rate of
retirement pension shall be calculated as 1/45th of the officer’s average
salary for each year of service (calculated in completed years plus 1/12th of a
year for each completed month in the final part-year up to the date of leaving
service, or the date of attaining normal retiring age if earlier, plus any
completed years of service between the date of attaining normal retiring age
and the date of leaving service if later), subject to a maximum of 35 years of
service, and Regulation 7(2) shall be amended accordingly.
(c) [46]
18 Modification
of scheme for Emergency Ambulance Officers[47]
In their application to a person employed as an Emergency Ambulance
Officer in the States of Jersey Ambulance Service (except a person employed in
that Service who ceased to be a contributory member before 1st
January 1999), these Regulations shall have effect subject to the
following modifications –
(a) the normal retiring age
shall be 55 years and the definition of that phrase in Regulation 1 shall be
construed accordingly;
(b) the annual rate of
retirement pension shall be calculated as 1/45th of the officer’s average
salary for each year of service (calculated in completed years plus 1/12th of a
year for each completed month in the final part-year up to the date of leaving
service, or the date of attaining normal retiring age if earlier, plus any
completed years of service between the date of attaining normal retiring age
and the date of leaving service, if later), subject to a maximum of 35 years of
service, and Regulation 7(2) shall be amended accordingly.
(c) [48]
19 Modification of
scheme for the Chief and Assistant Chief Ambulance Officers[49]
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) the annual rate of
retirement pension for such a person shall be calculated as 1/45th of his or
her average salary for each year of service (calculated in completed years plus
1/12th of a year for each completed month in the final part-year up to the date
of leaving service, or the date of attaining normal retiring age if earlier,
plus any completed years of service between the date of attaining normal
retiring age and the date of leaving service, if later), subject to a maximum
of 35 years of service, and Regulation 7(2) shall be construed accordingly.
(c) [50]
20 Members of the
Police Force and Fire Service, and Prison Governor[51]
(1) In their application to
members of the States of Jersey Police Force, the States of Jersey Fire and
Rescue Service and, in relation to contributory members who retire on or after
the 1988 appointed day, the Airport Rescue and Firefighting Service
(within the meaning of Article 1 of the Fire and Rescue Service
(Jersey) Law 2011), these Regulations
shall have effect subject to the provisions of paragraph (2) and the
following modifications –
(a) the
normal retiring age shall be 55 and the definition of that phrase in Regulation
1 shall be amended accordingly.
(b) the
references in Regulation 5 to the Civil Service Administration (Pensions)
(Jersey) Rules 1963, shall be construed as references to the Police Force
(General Provisions) (Jersey) Order 1974, the Fire Service (General
Provisions) (Jersey) Regulations 1959, as the case may be;
(c) the
annual rate of retirement pension shall be calculated as 1/45th of the
member’s average salary for each year of service (calculated in completed
years plus 1/12th of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service, and Regulation 7(2) shall be amended
accordingly;
(d) the
power of the Chief Minister under Regulation 7(4) to require a member to retire
at any time not more than 5 years before attaining normal retiring age shall
not be exercisable save after consultation with the Minister
for Justice and Home Affairs;
(e)
(f) [52]
(2) In their application to
the Chief Officer of the States of Jersey Police Force, the Chief Fire Officer
or the Prison Governor or, in relation to a contributory member who retires on
or after the 1988 appointed day, a person appointed as the chief fire
officer or deputy chief fire officer of the Airport
Rescue and Firefighting Service, as the case may be,
these Regulations shall have effect subject to the following modifications –
(a) the
member’s normal retiring age shall be 60 years and the definition of that
phrase in Regulation 1 shall be construed accordingly:
Provided that the Minister for Justice and Home Affairs, may, for
reasons to be recorded in writing permit him or her to continue in service for
a period of not more than 5 years after the member has attained normal retiring
age;
(b) the
references in Regulation 5 to the Civil Service Administration (Pensions)
(Jersey) Rules 1963, shall be construed as references to the Police Force
(General Provisions) (Jersey)Order 1974 or, as the case may be, the Prison
Officers (Jersey) Regulations 1957;
(c) the
annual rate of retirement pension shall be calculated as 1/45th of the
member’s average salary for each year of service (calculated in completed
years plus 1/12th of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service, and Regulation 7(2) shall be amended
accordingly;
(d) the
power of the Chief Minister under Regulation 7(4) to require a contributory
member to retire at any time not more than 5 years before attaining normal
retiring age shall not be exercisable in respect of him or her save after
consultation with the Minister for Justice and Home Affairs.
(e) [53]
20A Modification of scheme for prison
officers[54]
In their application to a person employed as a prison officer (within
the meaning of Article 1(1) of
the Prison (Jersey) Law 1957), these Regulations shall have effect subject to the following
modifications –
(a) subject to paragraphs (d)
and (e), 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) the references in Regulation 5
to the Civil Service Administration (Pension) (Jersey) Rules 1963, shall
be construed as references to the Prison Officers (Jersey)
Regulations 1957;
(c) the
annual rate of retirement pension shall be calculated as 1/45th of the
member’s average salary for each year of service (calculated in completed
years plus 1/12th of a year for each completed month in the final part-year up
to the date of leaving service, or the date of attaining normal retiring age if
earlier, plus any completed years of service between the date of attaining
normal retiring age and the date of leaving service if later), subject to a
maximum of 35 years of service, and Regulation 7(2) shall be amended
accordingly;
(d) in Regulation 7(4)
“normal retiring age” means 55 years and the
power of the Chief Minister under Regulation 7(4) to require a member to
retire at any time not more than 5 years before attaining normal retiring
age shall not be exercisable save after consultation with the Minister for Justice and Home Affairs.
(e)
21 [55]
22 [56]
23 [57]
24 Transitional
pensioners[58]
(1) In respect of a
transitional pensioner (or any person to whom benefits are payable by virtue of
the transitional pensioner’s membership of the scheme) the benefits to
which the transitional pensioner will be entitled under the scheme shall be
payable in accordance with these Regulations subject to the provisions of the Transitional
Regulations.
(2) For the purpose of this
Regulation –
(a) the
Transitional Regulations shall have effect as if, on the day they came into
force, they had amended these Regulations (as in effect on that day) by
removing the deduction from benefits in respect of the abatement figure (as
defined in original Regulation 6(6) of these Regulations immediately before 1st
July 1998) (that is to say immediately before the revocation of that paragraph
by Regulation 2(2) of the Public Employees (Contributory Retirement Scheme)
(Amendment No. 15) (Jersey) Regulations 1998) in relation to any member to
whom the Transitional Regulations apply;
(b) any
calculation made under Regulation 8 shall disregard any reduction of pension
resulting from commutation under Regulation 8(3) of the Transitional
Regulations and shall be based on the pension which would have been payable to
the member if there had been no such commutation.[59]
25 [60]
26 Transitional
provisions in relation to removal of abatement deduction[61]
In the case of a pensioner who has been in receipt of a pension
which was subject to the deduction from benefits in respect of the abatement
figure (as defined in original Regulation 6(6) immediately before 1st
July 1998, that is to say immediately before the revocation of that paragraph
by Regulation 2(2) of the Public Employees (Contributory Retirement Scheme)
(Amendment No. 15) (Jersey) Regulations 1998) for each year of service, or
a widow who has been in receipt of a pension which was before 1st July 1998
subject to a deduction on the same basis –
(a) from 1st July 1998
the deduction shall cease; and
(b) there shall be refunded
to that pensioner or widow the total of the amounts so deducted on or after 1st
January 1996.
27 Citation
These Regulations may be cited as the Public Employees (Contributory
Retirement Scheme) (Jersey) Regulations 1967.