Statutory Instruments

1987 No. 1907

POLICE

The Police Pensions (War Service) (Transferees) (Amendment) Regulations 1987

Made

5th November 1987

Laid before Parliament

16th November 1987

Coming into force

21st December 1987

In exercise of the powers conferred upon me by sections 1, 3 and 4 of the Police Pensions Act 1976(1), and after consultation with the Police Negotiating Board for the United Kingdom, I hereby, with the consent of the Treasury(2), make the following Regulations:

1.—(1) These Regulations may be cited as the Police Pensions (War Service) (Transferees) (Amendment) Regulations 1987.

(2) These Regulations shall come into force on 21st December 1987 and shall have effect as from 1st April 1978.

2.—(1) The Police Pensions (War Service) (Transferees) Regulations 1985(3) shall be amended in accordance with the following provisions of this regulation.

(2) After regulation 9(2) there shall be inserted the following paragraph —

“(2A) In the case of a former policeman who, notwithstanding that no such transfer value as is mentioned in paragraph (2)(b) has been paid in respect of him, was on 1st April 1978, or immediately before his retirement or death, if earlier, entitled to reckon service as a member of a police force for the purposes of the 1978 scheme —

(a)paragraph (1)(b) shall have effect as if for the reference therein to paragraph (2) there were substituted a reference to paragraph (2)(a), and

(b)regulations 10 and 11 shall have effect as if such a transfer value had been paid.”.

(3) For regulation 9(4) there shall be substituted the following paragraph —

“(4) In paragraph (3), “public service” means public service for the purposes of a public service pension scheme within the meaning of section 51(3)(b) of the Social Security Act 1973(4).”.

Home Office

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

21st October 1987

We consent

Mark Lennox-Boyd

Peter Lloyd

Two of the Lords Commissioners of Her Majesty’s Treasury

5th November 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on s1st December 1987, amend the Police Pensions (War Service) (Transferees) Regulations 1985 (“the 1985 Regulations”) with effect from 1st April 1978 (the date as from which the 1985 Regulations had effect: retrospection is authorised by section 1(5) of the Police Pensions Act 1976).

Regulation 2(2) enlarges the categories of policemen specified in regulation 9 of the 1985 Regulations (in respect of whom an additional transfer value may be paid to permit war service to reckon in another scheme) so as to include a policeman in respect of whom no transfer value had been paid but who nevertheless was entitled to reckon service as a member of a police force for the purposes of the public service pension scheme to which he transferred.

Regulation 2(3) substitutes a new paragraph for regulation 9(4) of the 1985 Regulations in order to correct an error in the definition of “public service”.

(1)

1976 c. 35, as amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10).

(2)

Formerly the Minister for the Civil Service : see S.I. 1981/1670.

(3)

S.I. 1985/2029, as amended by Schedule 4 to the Police Pensions (Supplementary Provisions) Regulations 1987 (S.I. 1987/256).

(4)

1973 c. 38; section 51(3) was amended by section 4(1) of the Social Security Act 1980 (c. 30).