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

PART V ADDITIONAL TRANSFER VALUE PAYABLE IN RESPECT OF WAR SERVICE

9.—(1) Subject to paragraph (3), this Part shall apply in the case of a former policeman who—

(a) on 1st April 1978 or, where he died before that date, immediately before his death, was a serving member of a public service pension scheme such as is mentioned in Regulation 3 or, having ceased to be such a member, had retired therefrom with an entitlement to a pension; and

(b) satisfies the conditions in paragraph (2),

and in relation to such a person the expression “1978 scheme” means the public service pension scheme referred to in sub-paragraph (a).

(2) The conditions referred to in paragraph (1)(b) are—

(a) that if he had not retired before 1st April 1975 without a pension, he would have been a qualified policeman within the meaning of Regulation 6 of the 1979 Regulations;

(b) that a transfer value has been paid in respect of him under Regulation 85 of the principal Regulations (or the corresponding provisions of any previous Regulations), or under section 11(8) of the Superannuation (Miscellaneous Provisions) Act 1967; and

(c) that, by reason of that transfer value, he was on 1st April 1978, or immediately before his retirement or death, if earlier, entitled to reckon service for the purposes of the 1978 scheme.

(3) In the case of a former policeman who had a period of public service which—

(a) was completed before his police service, and

(b) reckoned as service for the purposes of the 1978 scheme,

(hereinafter referred to as his earlier service), a transfer value shall not be payable under this Part unless it appears to the appropriate authority that he has not had, and will not have, any opportunity to reckon war service for the purposes of a superannuation scheme applicable to his earlier service.

(4) In paragraph (3), “public service” means public service within the meaning of section 53(1)(b) of the Social Security Act 1973.

10.—(1) Where the conditions specified in paragraph (2) are satisfied, the appropriate police authority shall pay an additional transfer value in respect of a policeman to whom this Part applies to the person responsible for the management of the 1978 scheme (“the 1978 pension authority”) and any such transfer value shall be calculated in accordance with Regulation 11.

(2) The conditions referred to in paragraph (1) are that the 1978 pension authority applies for the transfer value and furnishes the relevant police authority with a statement—

(a) certifying that, subject to the payment of the transfer value, the policeman will be entitled to reckon service for the purposes of the 1978 scheme by reason of his war service;

(b) certifying—

(i) if the policeman was on 1st April 1978 a serving member of the 1978 scheme, the pensionable emoluments by reference to which a transfer value in respect of him which fell to be paid on that date would have been calculated under that scheme, or

(ii) if he was on 1st April 1978 or, where he died before that date, immediately before his death, entitled to a pension under the 1978 scheme, the pensionable emoluments by reference to which the pension was calculated (or, if the pension was not in payment, would have been calculated had it been put into payment on that date) increased by the pensions increase factor that was appropriate to that pension on that date (or that would have been appropriate if the pension had been in payment on that date); and

(c) certifying that he was alive on 1st April 1975;

and the police authority shall be entitled to rely upon any such statement so furnished.

(3) In paragraph (2)(b)(ii) “the pensions increase factor” means the rate by which a pension was increased (or would have been increased if the pension had been in payment and had qualified to be so increased) by virtue of orders made under section 2 of the Pensions (Increase) Act 1971 or section 59 of the Social Security Pensions Act 1975.

11.  The additional transfer value shall be calculated as hereinafter provided, namely—

(a) the policeman's emoluments (as certified under Regulation 10) shall be multiplied by 47.75% of the period of his war service (expressed in years and a fraction of a year);

(b) the resulting amount shall be multiplied 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, and the resulting product shall be multiplied by four-thirds;

(c) to the amount obtained in accordance with the foregoing paragraphs there shall be added an amount equal to compound interest thereon calculated at the same rate in respect of such periods between 1st April 1978 and the day on which the transfer payment is made as would be applicable under the provisions of paragraph 8(2) of Part I of Schedule 9 to the principal Regulations.