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

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.