Teachers' Superannuation (Existing Members) (Amendment No.4) (Jersey) Order 2013

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 18 January 2013:

Decision Reference: MD-C-2013-0003
Decision Summary Title :	Teachers’ Superannuation (Existing Members) (Amendment No.4) (Jersey) Order 2013	Date of Decision Summary:	18th January 2013
Decision Summary Author:	Project Director - Pensions	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 :	Teachers’ Superannuation (Existing Members) (Amendment No.4) (Jersey) Order 2013	Date of Written report:	20th November 2012
Written report Author:	Project Director - Pensions	Written report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Teachers’ Superannuation (Existing Members) (Amendment No.4) (Jersey) Order 2013
Decision(s): The Chief Minister made the Teachers’ Superannuation (Existing Members) (Amendment No.4) (Jersey) Order 2013
Reasons for Decision: Following a request from the Management Board of the Jersey Teachers’ Superannuation Fund (JTSF) the States Employment Board agreed to some minor changes in the JTSF legislation, namely the Teachers’ Superannuation (Existing Members) (Jersey) Order 1986, these are: Ill-health benefits Article 2 amends the principal Order so that the decision as to whether a teacher is medically retired is made by the States Employment Board as the employer rather than the Management Board. This brings teachers under this Order in line with all other employees employed by the States Employment Board. In addition the wording is slightly updated in relation to incapacity. Article 3 now provides for a minimum of 2 years reckonable service prior to any entitlement for a teacher to receive a medical pension. In addition the Management Board may require the employer to meet any additional costs if the independent medical reports do not support medical retirement. Article 4 only allows for incapacity to accrue after the date the teacher ceases to be employed in reckonable service. Article 5 allows the Management Board to make enquiries regarding a medical retiree incapacitation. Death gratuities Under the JTSF Existing Members Order members were entitled to a death gratuity of 1 x salary in the event of their death. However, the Management Board were under the impression that, since the coming into force of the Teachers’ Superannuation (General Provisions) (Amendment No 3) (Jersey) Order 2007 on 29 March 2007, Existing Members (like New members) were entitled to a death gratuity equal to 2/5ths of annual salary multiplied by service for those members with less than five years reckonable service and 2 x annual salary for service of 5 years or more (as opposed to the one year average salary previously paid). Indeed the Existing Members had been advised of the ‘change’ and the Actuary had already reflected the extra cost in his draft valuation of the Scheme. It is unclear why the teachers’ Superannuation (General provisions) (Amendment No.3) (Jersey) Order 2007 did not give effect to that change but the Management Board were of the view that such a change should be made now (with retrospective effect if at all possible to 1 April 2007). This is achieved with the draft amendments. Article 6 means that the legal representatives of any teacher who dies whilst employed in reckonable service will be entitled to a death gratuity of twice the member’s annual salary for service of 5 years, or in the case of members with less than 5 years service, 2/5ths annual salary multiplied by service. This brings those teachers covered by the ‘Existing Members Order’ in line with those covered by the ‘New Members Order’ and those employees who are members of the Public Employees Contributory Retirement Scheme (PECRS). The new article 56(5) and (6) makes provision for members of the scheme who die between 1st April 2007 and the date these amendments come into force.
Resources Implications: There are no resource implications
Action required: Signed and sealed Order to be returned to the States Greffe without delay.
Signature:		Position: Chief Minister
Date Signed:		Date of decision (If different from Date Signed):