Public Employee Contributory Retirement Scheme

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made (07/08/2009) regarding: Public Employee Contributory Retirement Scheme - Amendments.

Decision Reference: MD-C-2009-0054
Decision Summary Title :	Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989		Date of Decision Summary:	4 August 2009
Decision Summary Author:	Head of Employee Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Amendments to General Regulation 9		Date of Written Report:	23 June 2009
Written Report Author:	Senior HR Manager - Pensions		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989 – amendments: draft Public Employees (Contributory Retirement Scheme) (General) (Amendment No. 10) (Jersey) Regulations 200-
Decision(s): The Minister approved the draft Public Employees (Contributory Retirement Scheme) (General) (Amendment No. 10) (Jersey) Regulations 200- and agreed that they be lodged ‘au Greffe’ for debate at the earliest opportunity.
Reason(s) for Decision: To clarify a number of provisions of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989 (PECRS) which will ensure that Admitted Bodies clearly understand their obligations as an Admitted Body of the PECRS. Regulation 2 of the draft amending Regulations inserts a definition of ‘salary’ (not previously defined under this legislation), as ‘salary’ is now referred to in new Regulation 9A(3)(a). The definition clearly identifies what is and what is not pensionable salary, and is consistent with the definition of ‘salary’ used under the PECRS Existing Members (Jersey) Regulations 1989 and New Members (Jersey) Regulations 1989. Pay contributions to the Scheme as certified by the Actuary; also to acknowledge that contributions are due to the Scheme and that any unpaid contributions represent a debt to the Scheme. To provide membership data to the Committee of Management (CoM) to enable the Scheme to be administered. Fulfil (a) and (b) above to timescales set out by the CoM to ensure as far as possible that the Administrator is able to administer the Scheme efficiently and to collect contributions in a timely manner. Make good any contribution shortfall caused by its own administrative error. Confirm in writing that it has paid all contributions due to the Scheme for a specific period; this may involve provision of a certificate from the Admitted Body’s auditors if requested by the CoM. Provide evidence (if requested by the CoM) of its continued ability to pay the required contributions to the Scheme. Consult the Principal Employer in exercising its power under the Regulations. These requirements strengthen the position for the Principal Employer and the CoM in circumstances where an Admitted Body is disputing contributions or may have fallen in arrear. Further, where the Chief Minister wishes to give an Admitted Body six months notice to exit the Scheme, under current Regulations, the Chief Minister requires CoM consent to give notice to an Admitted Body which was a former States department. However, this consent is not a requirement for any Admitted Body which was not a former States Department. This legislation will mean that the requirement for CoM consent will apply to all Admitted Bodies and no longer differentiate between those which were or were not formerly States departments.
Resource Implications: None
Action required: Senior HR Manager – Pensions is requested to arrange with the States Greffe for the draft Regulations to be lodged ‘au Greffe’ for consideration on the earliest date.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):