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

Regulation 2(1)

SCHEDULE 1 APPLICATION OF 1979 REGULATIONS

1.  Where by virtue of Part II or III of these Regulations the 1979 Regulations apply in the case of a regular policeman, references in those Regulations to Regulation 8(3) thereof, and to pensionable service as mentioned in the said paragraph (3), shall be construed as references to Part II to IV of these Regulations and the appropriate period of pensionable service reckonable by virtue thereof; and

(a) in Regulation 7(1), for the words “1st April 1975” there shall be substituted the words “1st April 1978”;

(b) no provision of those Regulations relating to payment conditions shall have any application to additional pensionable service reckonable under Part II or III;

(c) in Regulation 10(1) and (7) and in Regulation 14(3) there shall in each case for the words “6th November 1979” be substituted the words “31st January 1986”;

(d) in Regulation 10(2) the words after “so elected” shall be omitted;

(e) Regulation 10(8) shall be omitted; and

(f) for Regulation 8 there shall be substituted the following provision:—

“8.— (1) A qualified policeman may, in accordance with this Regulation, by notice elect to reckon pensionable service by virtue of his war service for all the purposes of the principal Regulations or, as the case may be, of the old cases Regulations except for the purposes of the calculation of a widow's pension or child's allowance (whether or not by reference to his own pension or notional pension).

(2) A qualified policeman who elects under paragraph (1) may also elect to reckon pensionable service for the purposes excepted in paragraph (1).

(3) Notice for the purposes of paragraphs (1) or (2) shall be given by a qualified policeman not later than three months, or such longer period as the police authority may allow in the circumstances of his case, after 31st January 1986.

(4) Where under paragraph (3) the police authority allow notice to be given more than three months after 31st January 1986, then unless the police authority are satisfied that the delay was due to circumstances beyond his control—

(a) he shall not be entitled to any payment under these Regulations in respect of the period before his application is received by the police authority; and

(b) Regulation 14 shall not apply to him.

(5) A qualified policeman who ceased to be a member of the metropolitan police force on taking employment overseas in a dissimilar public office within the meaning of the Superannuation (Public Offices) Rules 1967(1) and who retired before 31st January 1986 from such employment overseas, shall not be entitled under this Regulation to reckon an additional period of pensionable service greater than that which, together with his other pensionable service, will give him a pension which, when added to his pension under the pension scheme applicable to that employment, is equal to the maximum pension which could be paid to him under that scheme however long his pensionable service.”.

(1)

S.I. 1967/364; there are no relevant amending instruments.