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Teachers' Superannuation (Existing Members) (Amendment No. 4) (Jersey) Order 2013
Explanatory Note
This Order amends the Teachers’ Superannuation (Existing Members) (Jersey) Order 1986 (“principal Order”) in respect of ill health benefits and death gratuities.
Article 1 is an interpretation provision.
Ill-health benefits
Article 2 amends the principal Order so that the decision as to whether a teacher is incapacitated is made by the teacher’s employer, rather than by the Management Board. The wording of the test of incapacity is slightly updated. It refers to a teacher being unable to discharge efficiently the duties of the teacher’s employment by reason of “ill-health or disability of mind or body” rather than “infirmity of mind or body”. The wording of the test of incapacity in respect of other persons is similarly updated.
Article 3 amends the principal Order by removing the provisions in respect of which a teacher may, by notice in writing to the Management Board, nominate a period of 2 or 5 years as the minimum period that he or she must be employed in reckonable service before being entitled to an annual allowance after attaining the age of 60 or becoming incapacitated before attaining the age of 60. A minimum period of 2 years reckonable service is substituted in both cases. The Order also makes provision so that, in the case of entitlement by reason of incapacity, the Management Board may require the employer to meet any additional costs that the Actuary determines to be payable in relation to the teacher after considering medical reports on the teacher and consulting the Actuary.
Article 4 amends the principal Order by substituting the various dates from which an annual allowance by reason of incapacity may accrue for a single date, that is, the day after the date the teacher ceases to be employed in reckonable service.
Article 5 amends the principal Order by allowing the Management Board to make such enquiries as it thinks appropriate for the purpose of determining whether a teacher has ceased to be incapacitated or become incapacitated again.
Death Gratuities
Article 6 substitutes Article 56 of the principal Order in respect of death gratuities. The effect of the new Article 56(1), (2) and (3) is that, following the death of a teacher who dies on or after 1st March 2013 whilst employed in reckonable service or who dies within 1 year of ceasing employment by reason of ill health, the legal representatives become entitled to a death gratuity equal to 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 the length of service. For a teacher with less than 5 years service, provision is made so that if, in effect, the amount that would have been paid under the current version of Article 56 is greater, that greater amount is payable instead.
The new Article 56(4) preserves the existing provision in Article 56 in respect of teachers who die before 1st March 2013 whilst in reckonable service or within one year of cessation of employment by reason of ill health. The legal representatives of such a teacher are entitled to a death gratuity which is the greater of (a) the amount by which the teacher’s average salary exceeds any additional allowance or short service gratuity payable under the scheme or (b) the additional allowance which would have been payable under the scheme if the teacher had been incapacitated at the date of his or her death.
The new Article 56(5) and (6) make provision with respect to members of the scheme who die on or after 1st April 2007 and before 1st March 2013. In effect, if the death gratuity that is payable under Article 56(4) is less than the amount that would be payable under the provisions as outlined in respect of Article 56(1), (2) and (3), a “top-up” amount is payable to the legal representatives.
Article 56(7) and (8) preserve existing provisions that are currently in Article 56 with respect to members of the scheme who do not fall within the above provisions.
Article 7 sets out the title of the Order and provides that it will come into force on 1st March 2013.
File No. 1030/18
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