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.”.

Regulation 4(1)

SCHEDULE 2 QUALIFYING SERVICE

1.  Fire service, that is to say, service pensionable in pursuance of the Firemen's Pension Scheme from time to time in force under section 26 of the Fire Services Act 1947.

2.  Teaching service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 9 of the Superannuation Act 1972, the Teachers' Superannuation (Scotland) Act 1968, the Teachers' Superannuation Act 1967, the Teachers' Superannuation Act 1965, section 102 of the Education (Scotland) Act 1962 or under the Teachers' (Superannuation) Act 1925, or under a scheme comprised in a Teachers' Superannuation Scheme (within the meaning of section 145(47) of the said Act of 1962) from time to time in force.

3.  National Health Service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 10 of the Superannuation Act 1972, section 67 of the National Health Service Act 1946, or section 66 of the National Health Service (Scotland) Act 1947.

4.  Local Government service, that is to say, service pensionable:—

(a) under the Local Government Superannuation Act 1937 (the 1937 Act) or the Local Government Superannuation (Scotland) Act 1937 or in pursuance of regulations from time to time in force under the Local Government Superannuation Act 1953 or section 7 of the Superannuation Act 1972 (the 1972 Act); or

(b) under a local Act scheme within the meaning of the 1937 Act or the 1972 Act.

5.  Northern Ireland fire service, that is to say, service pensionable in pursuance of the Firemen's Pension Scheme from time to time in force under section 10 of the Fire Services (Amendment) Act (Northern Ireland) 1950 or section 17 of the Fire Services Act (Northern Ireland) 1969 or, as respects the Belfast fire brigade, the scheme so in force under section 13 of the said Act of 1950 or section 26 of the said Act of 1969.

6.  Northern Ireland police service, that is to say, service pensionable in pursuance of an order or regulations from time to time in force under the Constabulary Acts (Northern Ireland) 1922 to 1949(2) or section 25 of the Police Act (Northern Ireland) 1970.

7.  Service in health and personal social services in Northern Ireland, that is to say, service pensionable in pursuance of regulations from time to time in force under section 61 of the Health Services Act (Northern Ireland) 1948, section 67 of the Health Services Act (Northern Ireland) 1971 and Schedule 8 thereto, or Article 12 of the Superannuation (Northern Ireland) Order 1972.

8.  Northern Ireland teaching service, that is to say, service pensionable in pursuance of a scheme comprised in, or in regulations or rules from time to time in force under, Article 11 of the Superannuation (Northern Ireland) Order 1972 or the Teachers' Superannuation Acts (Northern Ireland), 1950 to 1967(3) or a 1923 Act Scheme (within the meaning of the Teachers' Superannuation Act (Northern Ireland) 1950.

9.  Northern Ireland local government service, that is to say, service pensionable in pursuance of regulations from time to time in force under section 2 of the Local Government (Superannuation) Act (Northern Ireland) 1950 or Article 9 of the Superannuation (Northern Ireland) Order 1972.

Regulations 7(2) and 11

SCHEDULE 3 AGE FACTOR

Factor
Age in completed years on 1st April 1978	Men	Women
40	0.1009	0.1328
41	0.1018	0.1344
42	0.1024	0.1357
43	0.1031	0.1372
44	0.1038	0.1389
45	0.1045	0.1405
46	0.1058	0.1422
47	0.1073	0.1437
48	0.1085	0.1454
49	0.1099	0.1470
50	0.1111	0.1487
51	0.1125	0.1502
52	0.1150	0.1525
53	0.1176	0.1548
54	0.1203	0.1571
55	0.1229	0.1599
56	0.1267	0.1628
57	0.1306	0.1663
58	0.1345	0.1707
59	0.1397	0.1759
60	0.1463	0.1810
61	0.1465	0.1818
62	0.1469	0.1825
63	0.1473	0.1833
64	0.1478	0.1840
65	0.1480	0.1844
66	0.1436	0.1800
67	0.1392	0.1756
68	0.1355	0.1713
69	0.1311	0.1669
70	0.1267	0.1625
71	0.1230	0.1575
72	0.1190	0.1519
73	0.1144	0.1463
74	0.1106	0.1406
75	0.1063	0.1350
76	0.1019	0.1294
77	0.0981	0.1238
78	0.0938	0.1181
79	0.0900	0.1131
80	0.0854	0.1088
81	0.0815	0.1044
82	0.0775	0.1006
83	0.0735	0.0969
84	0.0698	0.0931
85	0.0661	0.0894
86	0.0623	0.0856
87	0.0585	0.0825
88	0.0554	0.0794
89	0.0525	0.0769
90	0.0496	0.0744
91	0.0467	0.0719
92	0.0440	0.0694
93	0.0419	0.0669
94	0.0398	0.0644
95	0.0377	0.0625
96	0.0356	0.0600
97	0.0342	0.0581
98	0.0321	0.0556
99	0.0306	0.0531

(1)

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

(2)

S.I. 1922 c. 8, 1924 c. 17 (N.I.), 1928 c. 4 (N.I.), 1930 c. 18 (N.I.), 1933 c. 27 (N.I.), 1934 c. 10 (N.I., 1949 c. 9 (N.I.).

(3)

1950 c. 33, 1951 c. 28 (N.I.) (in part), 1956 c. 22 (N.I.), 1963 c. 7 (N.I.),1963 c. 7 (N.I.). Partially repealed with savings by Article 23 of the Superannuation (Northern Ireland) Order 1972.