The Police Pensions (War Service) (Transferees) Regulations 1985

PART III WAR SERVICE RECKONABLE ON RECEIPT OF AN ADDITIONAL TRANSFER VALUE

6.—(1) This Part shall apply in the case of a person—

(a) who on 1st April 1978 or, where he died before that date, immediately before his death, was serving as a regular policeman or, having ceased so to serve, had retired with an entitlement to a pension;

(b) with war service within the meaning of such a public service pension scheme as is mentioned in Regulation 3;

(c) in respect of whom a transfer value has been paid to the appropriate police authority which took account of service or employment in the scheme referred to in sub-paragraph(b);

(d) who, by reason of that transfer value, was on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service for the purposes of the principal Regulations or, as the case may be, the old cases Regulations; and

(e) in respect of whom an additional transfer value calculated by reference to his war service is paid to the appropriate police authority.

(2) For the purposes of paragraph (1)(e), where a transfer value is calculated partly by reference to war service and partly by reference to other service, the amount of the transfer value referable to the war service shall be treated as an additional transfer value as mentioned therein.

7.—(1) Subject to the following provisions of this Regulation, the 1979 Regulations shall apply in the case of a regular policeman to whom this Part applies as if references in those Regulations to a qualified policeman were references to a regular policeman to whom this Part applies.

(2) Where a regular policeman to whom this Part applies elects only as mentioned in Regulation 8(1) of the 1979 Regulations, the principal Regulations or, as the case may be, the old cases Regulations shall have effect as though he had been entitled immediately before his retirement (or death while serving) to reckon an additional period of pensionable service calculated as hereinafter provided, namely—

(a) the basic transfer value shall be determined by deducting from the additional transfer value, such amount, if any, as represents compound interest on the basic amount thereof;

(b) the policeman's adjusted pensionable emoluments shall be determined by multiplying by the factor set opposite his age in completed years on 1st April 1978 in the second column, or in the case of a woman, the third column, of the Table in Schedule 3 the annual value of the emoluments (including averaged emoluments and any element for pensions increase) in relation to which the transfer value was calculated;

(c) the amount of the adjusted pensionable emoluments shall be multiplied by four-thirds;

(d) the basic transfer value shall be divided by the amount obtained under sub-paragraph (c) and the resulting number shall be the number of years comprising the period.

(3) Where a policeman so elects, his pension shall, notwithstanding the preceding paragraph, be deemed for the purposes excepted in the said Regulation 8(1), to be the pension to which he would be entitled without his additional period of pensionable service under that paragraph, save that that period shall count for the purposes of Part II of Schedule 3 to the old cases Regulations (preserved rate of widow's pension calculated by reference to the husband's pensionable service).