Uniform services pension contributions (FOI)

​Request

Please advise the exact law and relevant Article and any sub paragraph pertaining to the specific legality of the Social Security Department “demanding" contributions, from retired Police, Fire Service and Ambulance officers who have already retired on pension at the age of 50 or 55 in accordance with their employment and pension terms and conditions.

These persons are forcibly made to retire at 55 years old and yet are expected to pay Social Security even though officially retired by a States Department (States of Jersey Police, Ambulance Service and Fire and Rescue Service). These persons have worked shifts for 30 to 35 years which affects the health and is the reason they are made to retire earlier than others.

Also please provide the entire spectrum of circumstances and law which allow a person not to pay Social Security Contributions and the subsequent penalties and sanctions that can be utilised for nonpayers.

Who specifically at Social Security or elsewhere is able to defer or nullify any contribution debts outstanding?

Response

It should be noted that the Social Security (Jersey) Law 1974, and associated contribution requirements towards the Old Age Pension payable under that Law do not recognise the provisions of any other pension schemes, be it Public Sector, Private Sector or Personal that allow for access to a pension earlier than the date an Old Age Pension can be claimed under that Law.

The legislation requested, and that is relevant to the request, is as follows.

Liability to pay contributions

A person’s liability to pay contributions is stipulated in the Social Security (Jersey) Law 1974 (the Law).

Liability to pay contributions - Relevant extracts from the Social Security (Jersey) Law 1974

A persons ‘pensionable age’ is then stipulated under Schedule 1AA of the Law as follows;

Schedule 1AA of the Social Security (Jersey) Law 1974

Exception from liability to pay contributions

One Order made under Articles 11 and 47 of the Social Security (Jersey) Law 1974 (the Law) is the Social Security (Contributions) (Jersey) Order 1975.

This Order provides for a number of situations where an insured person may be excepted from liability to pay contributions under the Law.

Exemption from contributions - Relevant extracts from the Social Security (Contributions) (Jersey) Order 1975

Penalties and Sanctions for non-payers

The penalties and sanctions for an insured person’s failure to pay contributions they are liable for are stipulated in the Social Security (Jersey) Law 1974 (the Law).

Penalties and sanctions - Relevant extracts from the Social Security (Jersey) Law 1974

Decision making

The Social Security (Jersey) Law 1974 (the Law) provide a mechanism for the making of decision under the Law.

Decision making - Relevant extracts from the Social Security (Jersey) Law 1974