Response to States of Jersey Complaints Board: Complaint by Mr. S. Newman against the Treasury and Exchequer Department regarding the Valuation and Calculation of Pension Entitlements

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 June 2021

Decision Reference: MD-TR-2021-0070
Decision Summary Title:	Presentation of the Minister’s response to States of Jersey Complaints Board Findings		Date of Decision Summary:	1st June 2021
Decision Summary Author:	Director of Finance Hub		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Presentation of the Minister’s response to States of Jersey Complaints Board Findings		Date of Written Report:	1st June 2021
Written Report Author:	Director of Finance Hub		Written Report: Public or Exempt?	Exempt (Article 25)
Subject: Presentation of the Minister’s response to States of Jersey Complaints Board Findings – Complaint by Mr S. Newman against the Treasury and Exchequer Department regarding the valuation and calculation of pension entitlements
Decision(s): The Minister approved the presentation of the Response to the States of Jersey Complaints Board – Complaint by Mr S. Newman against the Treasury and Exchequer Department regarding the valuation and calculation of pension entitlements.
Reason(s) for Decision: The Complaints Board has requested a reconsideration of Mr Newman’s case in accordance with the Article 9(3) of the Administrative Decisions (Review)(Jersey) Law 1982. As Administrator for the Public Employees Pension Fund (PEPF) the Treasury & Exchequer Department is required to administer the scheme in accordance with scheme regulations on behalf of the PEPF Committee of Management. Following reconsideration of the case by the PEPF Committee of Management the response requires publication. Standing Order 68AA (adopted by the States Assembly as P.23/2021 on 22nd April 2021) includes the following requirements: (1) Where a States of Jersey Complaints Board constituted under Article 6 of the Administrative Decisions (Review) (Jersey) Law 1982 has reported its findings under Article 9(1) of that Law to a Minister, that Minister must present a report to the States within 12 weeks responding to those findings. (2) Upon presentation of that report, the Minister must also make a statement outlining his or her response and any action proposed.
Resource Implications: There are no financial or manpower implications associated with this decision.
Action required: The Greffier of the States to be requested by the Head of Financial Governance to arrange for the report to be presented to the States.
Signature:		Position: Deputy S J Pinel, Minister for Treasury and Resources
Date Signed:		Date of Decision: