Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (06.08.07) to recommend amendments for exisiting and new members regulations of the Public Employees (Contributory Scheme) (General) (Jersey) Regulations 1989.

Decision Reference:	MD-C-2007-0048		Decision: Public or Exempt?	Public
Clauses if Decision Exempt: (From Code of Practice Publication)	N/A		Date of Decision Summary:	31 July 2007
Decision Summary Author:	Maureen Byron		Decision Summary Title:	Contractual Elements of Pay
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Telephone or E-mail Meeting?	N/A		Written Report Title:	Pensionability of contractual elements of pay
Date of Written Report :	June 2007		Written Report – Author:	Maureen Byron
Written Report : Public or Exempt?	Public		Clauses if Written Report Exempt: (From Code of Practice Publication)	N/A
Subject: Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989
Decision(s): To agree to recommend to the States amendments to Regulations 1 and 18 of the Public Employees (Contributory Retirement Scheme) (Existing Members) (Amendment No. 9) (Jersey) Regulations 1989 and Public Employees (Contributory Retirement Scheme (New Members) (Amendment No.12) (Jersey) Regulations 1989.
Reason(s) for decision: An amendment has been drafted to Regulation 1 of the Existing and New Members of PECRS so that the definition of ‘salary’ is made clearer by the addition of clause (d) and improvements to the layout. “’salary’ means the basic salary or wage of a member, together with the member’s pensionable allowances, if any, but does not include – (a) overtime; (b) payments of a temporary nature; (c) payments in respect of untaken leave; (d) extra hours payments, stand-by payments, call-out payments, or any other payments, unless the employer has declared the payments to be a pensionable allowance under Regulation 18 (1);” The second amendment relates to Regulation 18 of Existing and New Members which allows the employer to declare an additional payment or allowance a ‘pensionable allowance’. The drafting is more precise and removes any assumed link between ‘overtime payment’ and ‘payments of a temporary nature’. The current situation in which the employer may declare a payment or allowance, paid in addition to basic salary or wage, a ‘pensionable allowance’ remains. “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 his or her basic salary or wage, but is not- (a) any overtime payment; (b) any payment of a temporary nature; (c) any payment in respect of untaken leave.”.
Action required: Mrs Byron is requested to arrange with the States Greffe for the Report to be lodged ‘au Greffe’ for consideration on the earliest date.
Signature:		Position: Deputy Chief Minister
Date of Decision: (Date Signed, or Effective Date only for Retrospective Decisions)