PECRS: Pensionability of Contractural Elements of Pay.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (27/10/2006) regarding Public Employees Contributory Retirement Scheme (PECRS) Pensionability of Contractual Elements of Pay.

Subject:	Public Employees Contributory Retirement Scheme (PECRS) Pensionability of Contractual Elements of pay
Decision Reference:	MD-C-2006-0048		Exempt clause(s):	Public
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	L:\Pens\CNT\POT\SEB
Written report – Title	Public Employees Contributory Retirement Scheme (PECRS) Pensionability of Contractual Elements of pay
Written report – Author (name and job title)	Maureen Byron Senior Human Resources Manager
Decision(s): To reject the application for contractual overtime, extra hours, and standby or call-out duties to be pensionable. The Law Draftsman is asked to amend the legislation in order to ensure clarity.
Reason(s) for decision: The Board acknowledged that if it acceded to the request it would become virtually impossible to distinguish between what was and wasn’t pensionable. The Board further decided to request the Law Draftsman amend the existing legislation to ensure clarity.
Action required: Law Drafting instruction.
Signature:		Date of Decision: 27 October 2006