Public Employees Contributory Retirement Scheme: Membership of the Committee of Management

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A decision made 5 May 2010 regarding: Public Employees Contributory Retirement Scheme: Membership of the Committee of Management.

Decision reference: MD-C-2010-0037
Decision Summary Title :	Public Employees Contributory Retirement Scheme: Membership of the Committee of Management		Date of Decision Summary:	27 April 2010
Decision Summary Author:	Senior Human Resources Manager		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 :	Public Employees Contributory Retirement Scheme: Membership of the Committee of Management		Date of Written Report:	27 April 2010
Written Report Author:	Senior Human Resources Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Public Employees Contributory Retirement Scheme: Membership of the Committee of Management
Decision(s): The Chief Minister agreed to recommend to the States the appointment of four employer representatives and one employee representative on the PECRS Committee of Management for the current term of office which ceases on 31st December 2012.
Reason(s) for Decision: · As a result of the resignation of Ms Laura Dennis from the Committee of Management the Chief Minister has chosen to replace Ms Dennis with Mr Rod Bryans. · As a result of a recommendation by the Comptroller and Auditor General, that members of the States Assembly should no longer be nominated to the PECRS Committee of Management, the Chief Minister has chosen to replace the two States Members with Mr Scot Laing and Mr John Mills. · As a result of a recommendation by the Comptroller and Auditor General, that the Treasurer of the States should no longer be nominated to the PECRS Committee of Management, the Treasury Minister has chosen to replace the Treasurer of the States with Mr Steven Warner. · As a result of the resignation of Mr John Noel from the Committee of Management the Joint Negotiating Group of the Public Employees Pension Fund has chosen to replace Mr Noel with Mr Mark Richardson.
Resource Implications: There are no financial or manpower implications
Action required: The Human Resources Manager is requested to arrange with the States Greffe for the Report to be lodged ‘au Greffe’ as soon as possible for consideration on the next available date.
Signature:		Position: Senator T.A. Le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Public Employees Contributory Retirement Scheme: Membership of the Committee of Management

PROPOSITION

PUBLIC EMPLOYEES CONTRIBUTORY RETIREMENT SCHEME

COMMITTEE OF MANAGEMENT: MEMBERSHIP

THE STATES are asked to decide whether they are of opinion -

in accordance with Regulation 3(5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, as amended, to approve, for the period ending 31st December 2012, the appointment of

(a) Mr Rod Bryans;

(b) Mr Scot Laing;

(d) Mr Steven Warner

as employer representatives, and so increase the employer representatives to seven in number; and

(e) the appointment of Mr Mark Richardson as an employee representative on the Committee of Management.

CHIEF MINISTER

SENATOR TERRY LE SUEUR

REPORT

The Regulations governing the Committee of Management of the Public Employees’ Contributory Retirement Scheme provide for the appointment of employer and employee representatives, who sit in an honorary capacity.

Of the seven employer representatives three are nominated by the Treasury and Resources Minister, the remainder by the Chief Minister. With the resignation of Ms Laura Dennis, the Chief Minister, in accordance with Regulation 3(5) of the Regulations has chosen Mr Rod Bryans, to replace her for the term of office to expire on 31st December 2010.

In previous terms of office two States members were nominated for membership of the Committee of Management, however, the Chief Minister asked the Comptroller and Auditor General for his opinion whether it is wise to appoint members of the States Assembly to serve as members of the Committee of Management of PECRS.

In response the Comptroller and Auditor General published a short report (available on the Comptroller and Auditor General’s website), namely Public Employees Contributory retirement Scheme, Composition of the Committee of Management, 2009.

The report includes the following statement:-

“In my view it would be wise to avoid creating that conflict. In other words, it would be wise to regard members of the Assembly as ineligible for nomination as members of the PECRS Committee of Management.”

Consequently, the Chief Minister took the decision to no longer nominate members of the States Assembly to the PECRS Committee of Management and has now chosen to replace members of the Assembly with Mr Scot Laing and Mr John Mills for the term of office to expire on 31st December 2012.

A similar question was asked of the Comptroller and Auditor General in relation to the Treasurer of the States. His response includes the following statement:-

“On this basis, I would be inclined to doubt the wisdom of the Treasurer being a member of the Committee of Management.”

The Treasury Minister has decided to no longer nominate the Treasurer of the States and has chosen Mr Steven Warner as the replacement member.

The seven employee representatives are nominated by the Joint Negotiating Group of the Public Employees Pension Fund. Following the resignation of Mr John Noel, the Joint Negotiating Group, in accordance with Regulation 3(5) of the Regulations has chosen Mr Mark Richardson, to replace him for the term of office to expire on 31st December 2010.

Please see appendix attached to this report for the relevant background of the nominees.

Membership remains the same for previously nominated employer and employee representatives but is included below for clarity.

Employer representatives Employee representatives

Mr Mick Pinel Mr Gary Birbeck

Mr Sachin Meeku Patidar Mr John Lees

Mr John Rosser Mr Mike Orbell

Mr Steven Warner Mr Alan Tadier

Mr Rod Bryans Ms Barbara Ward

Mr Scot Laing Ms Mark Johnson

Mr John Mills Mr Mark Richardson

Although the States agreed in principle on 2nd February 2010 to amend the procedure for appointments such as this one so that a debate would no longer be needed, that change requires amendments to the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989 under which appointments to the Committee of Management are made. Those amendments are currently being drafted but until they are approved by the States it is necessary for the appointments to be made under the current procedures.

Financial and manpower implications

There are no financial or manpower implications for the States arising from this proposition.