Regulation D6 War service reckonable on receipt of additional transfer value

(1)

If a claim has been made to the Secretary of State, this regulation applies to a person—

(a)

who had war service within the meaning of a qualifying public service scheme (“war service”), and

(b)

who ceased to be in service or employment in which he was subject to that scheme at a time when he could not reckon service for the purposes of the scheme by virtue of his war service but could have done so had he continued in that service or employment, and

(c)

in respect of whom a transfer value became payable to the Secretary of State before 1st April 1978 which took account of that service or employment, and

(d)

who by virtue of that transfer value was on 1st April 1978 entitled to count reckonable service for the purposes of the 1976 Regulations, and

(e)

in respect of whom an appropriate additional transfer value has been accepted.

(2)

The public service schemes are the Universities Superannuation Scheme and any occupational pension scheme established by or under an enactment or the Royal Prerogative or a Royal Charter—

(a)

all the particulars of which are set out in, or in a legislative instrument made under, an enactment, Royal Warrant or charter, or

(b)

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 a qualifying public service scheme is one that does not fall within paragraph (3).

(3)

The schemes that are not qualifying ones are—

(a)

the schemes referred to in the first column of Part I of Schedule 8, and

(b)

any Scottish or Northern Ireland teachers' scheme, that is to say—

(i)

a scheme comprised in regulations extending to Scotland only from time to time in force under section 9 of the Superannuation Act 1972, the Teachers Superannuation (Scotland) Act 1968^f1 or section 102 of the Education (Scotland) Act 1962^f2 or 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, or

(ii)

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^f3 or the Teachers Superannuation Acts (Northern Ireland) 1950 to 1967^f4 or a 1923 Act Scheme (within the meaning of the Teachers Superannuation Act (Northern Ireland) 1950^f5.

(4)

An appropriate additional transfer value is, subject to paragraph (5), one paid under any qualifying public service scheme which—

(a)

is paid in pursuance of war service provisions which had effect while the person was alive, and

(b)

is calculated, by reference to his war service, in the same manner as an additional transfer value payable by the Secretary of State under regulation F2, and war service provisions are provisions analogous to those which were contained in regulations 2 to 7 of the Teachers' Superannuation (War Service, etc.) Regulations 1975^f6.

(5)

Notwithstanding that it complies with paragraph (4), an additional transfer value is not an appropriate one if, after the end of his war service and before entering the service or employment in which he was subject to the qualifying public service scheme, the person was subject to another such scheme by virtue of which this regulation would be capable of applying to him.

(6)

A person to whom this regulation applies is entitled to count as reckonable service, or as the case may be is to be treated as having been entitled to count as reckonable service for the purposes of the 1976 Regulations, a period of—

\frac{A}{B} years,

where—

A is the basic transfer value, and
B is his adjusted pensionable emoluments.

(7)

The basic transfer value is the additional transfer value less the amount representing compound interest, and the adjusted pensionable emoluments are the pensionable emoluments by reference to which the additional transfer value was calculated multiplied by the age factor ascertained from the table in Part II of Schedule 8.

Annotations

Footnotes

f1: 1968 c. 12; partially repealed with savings by section 29(4) of the Superannuation Act 1972 (c. 11).
f2: 1962 c. 47; sections 102 and 145(47) were repealed by the Education (Scotland) Act 1980 (c. 44), Schedule 5.
f3: S.I. 1972/1073 (N.I. 10).
f4: 1950 c. 33 (N.I.); 1951 c. 28 (N.I.) (in part); 1956 c. 22 (N.I.); 1963 c. 7 (N.I.); 1967 c. 3 (N.I.); partially repealed with savings by article 23 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)).
f5: 1950 c. 33 (N.I.).
f6: S.I. 1975/276, revoked by S.I. 1976/1987.