Police Pensions (War Service) (Transferees) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/2029 |
| Year | 1985 |
1985 No. 2029
POLICE
The Police Pensions (War Service) (Transferees) Regulations 1985
Made 16th December 1985
Laid before Parliament 10th January 1986
Coming into Operation 31th January 1986
In exercise of the powers conferred upon me by sections 1, 3 and 4 of the Police Pensions Act 19761, and after consultation with the Police Negotiating Board for the United Kingdom, I hereby, with the consent of the Treasury2, make the following Regulations:—
PART I
CITATION, OPERATION AND INTERPRETATION
1.—(1) These Regulations may be cited as the Police Pensions (War Service) (Transferees) Regulations 1985.
(2) These Regulations shall come into operation on 31st January 1986 and shall have effect as from 1st April 1978.
2.—(1) In these Regulations any reference to the 1979 Regulations is a reference to the Police Pensions (War Service) Regulations 19793, which shall have effect subject to Schedule 1.
(2) In these Regulations any reference to the appropriate police authority is a reference—
(a)
(a) to the police authority of the force in which the policeman concerned is serving; or
(b)
(b) where the policeman is entitled to a pension, to the police authority liable for that pension; or
(c)
(c) in the case of a policeman not falling within either sub-paragraph (a) or sub-paragraph (b), and in respect of whom a transfer value is payable, or has at any time been paid, by a police authority, to the latest police authority to have paid or to be liable to pay the transfer value.
(3) Expressions used in these Regulations and in the Police Pensions Regulations 1973 or the 1979 Regulations shall have the same meaning as in the said Regulations of 1973 or, as the case may be, the 1979 Regulations.
(4) Without prejudice to paragraph (3), in these Regulations any reference to a policeman includes a reference to a deceased policeman, and, except where the context otherwise requires, in relation to a deceased policeman, where he died before 1st April 1978, any reference to his age on that date is a reference to the age he would have been on that date had he not so died.
3. The public service pension scheme referred to in Regulations 6 and 9 is an occupational pension scheme, other than one relating to service mentioned in Schedule 2, being a scheme which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department; and, for the purposes hereof, the Universities Superannuation Scheme shall be treated as if it were such an occupational pension scheme.
PART II
WAR SERVICE RECKONABLE WITHOUT RECEIPT OF ADDITIONAL TRANSFER VALUE
4.—(1) This Part shall apply in the case of a person who—
(a)
(a) on 1st April 1978 or, where he died before that date, immediately before his death, was serving as a regular policeman or, having ceased so to serve, had retired with an entitlement to a pension; and
(b)
(b) was on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service for the purposes of the principal Regulations or, as the case may be, the old cases Regulations by virtue of ; and
(c)
(c) was not on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service in respect of qualifying service under the war service provisions of the pension scheme applicable thereto but who would have been so entitled if he had remained in that scheme until 1st April 1978, or the date of his death if earlier;
so, however, that in the case of a regular policeman with more than one period of qualifying service, any such period other than the first shall be disregarded for the purposes of this Regulation and references to his qualifying service shall be construed accordingly.
(2) In relation to such a policeman, in these Regulations references to the war service provisions of a pension scheme are references to the provisions of the scheme analogous to those of the 1979 Regulations, and “”
(3) The appropriate police authority may require that any claim that a regular policeman satisfies the condition referred to in paragraph (1)(c), and as to the duration of his war service, be supported by a certificate given by or on behalf of the person responsible for the management of the pension scheme appropriate to his qualifying service, and the police authority shall be entitled to rely upon a certificate so given.
5.—(1) Subject to the following provisions of this Regulation, the 1979 Regulations shall apply in the case of a regular policeman to whom this Part applies as if references in those Regulations to a qualified policeman were references to a regular policeman to whom this Part applies.
(2) Where a regular policeman to whom this Part applies elects only as mentioned in Regulation 8(1) of the 1979 Regulations, the principal Regulations or, as the case may be, the old cases Regulations shall have effect as though he had been entitled, immediately before his retirement (or death while serving) to reckon an additional period of pensionable service equal to the following proportion of his war service, namely—
(a)
(a) 47.75% thereof, where the qualifying service is fire service or Northern Ireland police or fire service;
(b)
(b) 35.25% thereof, where the qualifying service is National Health Service or service in health and personal social services in Northern Ireland, or local government service or Northern Ireland local government service; and
(c)
(c) 34.875% thereof, where the qualifying service is teaching service or Northern Ireland teaching service.
(3) Where a policeman so elects, his pension shall, notwithstanding the preceding paragraph, be deemed for the purposes excepted in the said Regulation 8(1) to be the pension to which he would be entitled without his additional period of pensionable service under that paragraph, save that that period shall count for the purposes of Part II of Schedule 3 to the old cases Regulations (preserved rate of widow's pension calculated by reference to the husband's pensionable service).
PART III
WAR SERVICE RECKONABLE ON RECEIPT OF AN ADDITIONAL TRANSFER VALUE
6.—(1) This Part shall apply in the case of a person—
(a)
(a) who on 1st April 1978 or, where he died before that date, immediately before his death, was serving as a regular policeman or, having ceased so to serve, had retired with an entitlement to a pension;
(b)
(b) with war service within the meaning of such a public service pension scheme as is mentioned in Regulation 3;
(c)
(c) in respect of whom a transfer value has been paid to the appropriate police authority which took account of service or employment in the scheme referred to in sub-paragraph(b);
(d)
(d) who, by reason of that transfer value, was on 1st April 1978, or immediately before his retirement or death if earlier, entitled to reckon pensionable service for the purposes of the principal Regulations or, as the case may be, the old cases Regulations; and
(e)
(e) in respect of whom an additional transfer value calculated by reference to his war service is paid to the appropriate police authority.
(2) For the purposes of paragraph (1)(e), where a transfer value is calculated partly by reference to war service and partly by reference to other service, the amount of the transfer value referable to the war service shall be treated as an additional transfer value as mentioned therein.
7.—(1) Subject to the following provisions of this Regulation, the 1979 Regulations shall apply in the case of a regular policeman to whom this Part applies as if references in those Regulations to a qualified policeman were references to a regular policeman to whom this Part applies.
(2) Where a regular policeman to whom this Part applies elects only as mentioned in Regulation 8(1) of the 1979 Regulations, the principal Regulations or, as the case may be, the old cases Regulations shall have effect as though he had been entitled immediately before his retirement (or death while serving) to reckon an additional period of pensionable service calculated as hereinafter provided, namely—
(a)
(a) the basic transfer value shall be determined by deducting from the additional transfer value, such amount, if any, as represents compound interest on the basic amount thereof;
(b)
(b) the policeman's adjusted pensionable emoluments shall be determined by multiplying 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 the annual value of the emoluments (including averaged emoluments and any element for pensions increase) in relation to which the transfer value was calculated;
(c)
(c) the amount of the adjusted pensionable emoluments shall be multiplied by four-thirds;
(d)
(d) the basic transfer value shall be divided by the amount obtained under sub-paragraph (c) and the resulting number shall be the number of years comprising the period.
(3) Where a policeman so elects, his pension shall, notwithstanding the preceding paragraph, be deemed for the purposes excepted in the said Regulation 8(1), to be the pension to which he would be entitled without his additional period of pensionable service under that paragraph, save that that period shall count for the purposes of Part II of Schedule...
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