Teachers' Superannuation (New Members) (Amendment) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 November 2013:

Decision Reference: MD-C-2013-0136
Decision Summary Title :	Amendments to the Teachers’ Superannuation (New Members) (Jersey) Order 2007		Date of Decision Summary:	14th November 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 (New Members) (Jersey) Order 2007 – Added Years		Date of Written report:	14th November 2013
Written report Author:	Project Director - Pensions		Written report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendments to the Teachers’ Superannuation (New Members) (Jersey) Order 2007 and the Teachers’ Superannuation (Existing Members) (Jersey) Order 1986 - commutation of small pensions.
Decision(s): The Chief Minister has agreed to the following amendments to the Teachers’ Superannuation (New Members) (Jersey) Order 2007 and has made the Teachers’ Superannuation (New Members) (Amendment) (Jersey) Order 2013.
Reasons for Decision: The Chief Minister has agreed amendments which allow for teachers who are members of the Jersey Teachers’ Superannuation Fund (New Members) (Jersey) Order 2007 to have similar rights to make additional voluntary contributions as teachers who are members of the scheme established under the Teachers’ Superannuation (Existing Members) (Jersey) Order 1986. Article 1 allows for a New Members to pay additional voluntary contributions in order to be entitled to such ‘added years’ as the Management Board on the advice of the Actuary, shall decide. It also enables a New Member to make additional voluntary payment by a lumps sum or periodical payments, or to vary the amount of the additional voluntary contributions. New Article 12 also amends the method to calculate the number of added years in circumstances when the member making those contributions ceases to be an employee before normal retiring age. The Order provides that the added years will be reduced proportionately to the reduction in the number of years that the employee is employed. However, in the case of a person who commenced paying additional voluntary contributions before the coming into force of the Order and who ceases to be an employee before normal retiring age, the ears added will be the greater of the number of years added in accordance with the calculation set out in this Order and the number of years added in accordance with the calculation made by the Actuary under the provisions of the Order that applied immediately before the coming into force of this Order. Article 2 provides for the Order to come into force 7 days after it is made.
Resources Implications: There are no resource implications
Action required: For the Chief Minister to sign the Ministerial Decision and the Order as soon as may be possible and the Greffier of the States to be requested to arrange for the making of the Order to be notified to the States
Signature:		Position:
Date Signed:		Date of decision (If different from Date Signed):