Regulation 4

(1)

In these Regulations any reference to a person's war service is, subject to paragraph (2), a reference to whole time service on or after 3rd September 1939 but before 1st July 1950 in the armed forces of the Crown, in the merchant navy or the mercantile marine, or in any of the women's services specified in Schedule 1 to the Superannuation Act 1946.

(2)

For the purposes of these Regulations no account shall be taken of a person's period of war service, or that part thereof—

(a)

that was performed before he attained the age of 18 years, or

(b)

in respect of which he received non-effective pay or excess remuneration, within the meaning of paragraph (3), which he has not repaid, or

(c)

by virtue of which an armed forces pension or retired pay is payable to him in pursuance of any Royal Warrant or other instrument otherwise than in respect of disablement, or

(d)

by virtue of which he is entitled to reckon a period of pensionable service otherwise than in pursuance of these Regulations, or

(e)

which he has reckoned or has had the opportunity to reckon for the purposes of a public service pension scheme within the meaning of section 51(3)(b) of the Social Security Act 1973.

(3)

In paragraph (2)(b)—

(a)

the expression “non-effective pay” includes naval, military or air force pensions, retired pay or gratuities (other than war gratuities to which section 23 of the Finance (No. 2) Act 1945^f1 applied);

(b)

the expression “excess remuneration” means, in relation to a retired officer of the armed forces of the Crown who is re-employed in those forces, any service pension drawn in respect of such period of re-employment or any addition to the normal pay attaching to the post in which the officer is re-employed which is granted by reason of the officer's former employment in those forces,

and, for the purposes of paragraph (2)(b), a police authority shall be entitled to rely upon a certificate, signed by a duly authorised officer of the Ministry of Defence, that non-effective pay or excess remuneration was, or was not, paid in respect of any period and as to the sufficiency of any repayment.

Annotations

Footnotes

f1: (repealed by 1952 c. 10).