NATIONAL HEALTH SERVICE, ENGLAND AND WALES Citation and commencement 1 These regulations may be cited as the National Health Service (Superannuation) (War Service, etc. ) Amendment Regulations 1980 and shall come into operation on 13th January 1981. Interpretation 2 In these regulations “ the War Service Regulations ” means the National Health Service (Superannuation) (War Service, etc.) Regulations 1977 and any words and expressions used have the same meanings as in those regulations. Amendment of regulation 2(1) of the War Service Regulations 3 In regulation 2(1) of the War Service Regulations (interpretation)— a after the definition of “non-effective pay” there shall be inserted the following definition— “ participating scheme ” means a superannuation 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; which includes provisions for the war service of the participants of the scheme in respect of a period before becoming entitled to participate in the scheme to reckon as service in respect of which benefits are payable in the scheme; and which provides for the making and receipt of transfer payments in respect of that war service. b after the definition of “public health service employment” there shall be inserted the following definitions— “ public service ” means employment in which the employee is entitled to participate in a participating scheme; “ transferee ” means a person who, having been an officer, was on 1st April 1978 entitled to participate in a participating scheme; . Amendment of regulation 4(a) of the War Service Regulations 4 In regulation 4(a) of the War Service Regulations— a the word “either” shall be deleted; and b after sub-paragraph (ii) there shall be inserted the following new sub-paragraph— iii he would satisfy the requirements of sub-paragraph (ii) of this paragraph if on his first entry into public health service employment after war service he had become subject to a pension scheme providing benefits under a policy of insurance, and a transfer payment was made in respect of the period of that employment; or . Amendment of regulation 9 of the War Service Regulations 5 In regulation 9 of the War Service Regulations (adjustment of payments for added years in certain cases), for the words “adjust the amount” to the end of that regulation, there shall be substituted the words “accordingly, adjust the amount payable by or as the case may be, refund in whole or in part, the amount paid by the officer.” . Amendment of regulation 12(3) of the War Service Regulations 6 In regulation 12(3) of the War Service Regulations (provisions relating to the adjustment of certain benefits) after the words “death gratuity” there shall be inserted “paid or” . Insertion of new regulations 12A and 12B after regulation 12 of the War Service Regulations 7 After regulation 12 of the War Service Regulations there shall be inserted the following regulations— “Provisions relating to the reckoning of transferred war service 12A 1 Subject to regulations 5, 6, 9 and 10 of these regulations and paragraphs (2) to (4), (6) and (7) of this regulation, a period of additional contributing service shall be reckonable in respect of an officer's war service if— a he was an officer on 1st April 1978; and b a transfer payment in respect of his war service is paid to the Secretary of State by the body responsible for the administration of a participating scheme. 2 For the purposes of this regulation the reference in regulation 10(2) of these regulations to the date of coming into operation of these regulations shall be construed as a reference to 13th January 1981. 3 a On receipt of the transfer payment referred to in paragraph (1)(b) of this regulation there shall be credited to the officer a period of additional contributing service of the same length as the period of additional contributing service in respect of which, having regard to the officer's age and remuneration on 1st April 1978 the Secretary of State would make a transfer payment equivalent to the amount of the transfer payment received, calculated in accordance with the Schedule to these regulations, if he were making such a transfer payment under regulation 12B of these regulations in respect of that officer. b For the purposes of this paragraph— i any sum representing the compound interest that may be paid on a transfer payment shall be disregarded; ii the remuneration of an officer, other than a practitioner, means the annual remuneration of his employment in respect of which contributions were payable by him on 1st April 1978; iii in the case of a practitioner, the annual rate of remuneration shall be the average annual rate of his pensionable pay in respect of the period of three months immediately before 1st April 1978; iv where the remuneration by reference to which the transfer payment referred to in paragraph (1)(b) of this regulation is to be calculated relates to a single part-time employment, or to concurrent part-time employments, that transfer payment shall be calculated by reference to the remuneration which would have been paid in respect of a single comparable whole-time employment. 4 The period of additional contributing service that is reckonable in respect of an officer specified in paragraph (1) of this regulation shall— a be regarded as service before 25th March 1972 and as service otherwise than as a practitioner; and b for the purposes of regulations 72 and 73 of the principal regulations be aggregated with any other service otherwise than as a practitioner. 5 a Where such an officer as is specified in paragraph (1) of this regulation has become entitled to a pension under the principal regulations, the provisions of regulation 12(1) of these regulations shall apply to the adjustment of that pension, except that the reference to 17th July 1975 in that regulation shall be construed as a reference to 1st April 1978. b Where an officer dies and the provisions of paragraphs (1)(b) of this regulation apply, the amount of any widow's pension and child's allowance payable and any death gratuity paid or payable in respect of his service under the principal regulations shall be adjusted as from 1st April 1978 to take into account the additional contributing service. 6 Where reciprocal arrangements between the Secretary of State and the participating scheme exist to waive payments due, the Secretary of State may waive the payment of any transfer payment that is otherwise payable by a participating scheme under this regulation; and if he does so, such a payment shall be deemed to have been made for the purposes of this regulation. 7 a Where paragraph (6) applies there shall be credited to the officer a period of additional contributing service equal to the period of war service in respect of which a transfer payment would have otherwise been made, and where an officer was a participant of the police or firemen's pension schemes the period of additional contributing service shall be increased by one-third of its length. b In this paragraph the police or firemen's pension scheme means the pension arrangements maintained in pursuance of regulations made or having effect as if made under the Police Pensions Act 1976 or section 25 of the Police Act (Northern Ireland) 1970 , or the Firemen's Pension Scheme in force under section 26 of the Fire Services Act 1947 or section 17 of the Fire Services Act (Northern Ireland) 1969 . 8 Any pension to which an officer may become entitled in respect of a period of additional contributing service shall not be reduced under the provisions of regulation 56 of the principal regulations. Transfer of additional contributing service in respect of war service to a participating scheme 12B 1 Subject to the provisions of this regulation, where a transferee ceased to be an officer before 17th July 1975, the Secretary of State shall make a transfer payment calculated in accordance with the provisions of the Schedule to these regulations in respect of his war service to the body responsible for the administration of the participating scheme in which he was entitled to participate on 1st April 1978 if— a the transferee applies in writing to the Secretary of State, giving particulars of his date of birth, sex, the period of his war service and other particulars that are necessary to enable the Secretary of State to make a transfer payment in accordance with the Schedule to these regulations; b the application is addressed in the first instance to the said body responsible for the administration of the participating scheme; c the period of war service would have been reckonable as additional contributing service had the transferee not ceased to be an officer before 17th July 1975; and d his employment in public health service employment is the first period of public service which reckons as service in respect of which benefits are payable in the said participating scheme. 2 Where after 16th July 1975 a widow's pension or child's allowance becomes payable under the provisions of a participating scheme in respect of the service of a transferee who, had he not died could have applied for a transfer payment under this regulation, the person entitled to such a pension or child's allowance may apply in accordance with paragraphs (1)(a) and (1)(b) of this regulation, in lieu of his application. 3 The period of additional contributing service in respect of which the Secretary of State shall make a transfer payment under this regulation shall be calculated in accordance with the formula Z − ( 6 % × Z ) 2 Z is the period of war service. 4 Where such a body as is referred to in paragraph (1) of this regulation waives payment of the transfer payment which would otherwise have been made in accordance with this regulation, such a transfer payment shall be deemed to have been made for the purposes of this regulation; and the Secretary of State shall notify that body of the period of additional contributing service calculated in accordance with paragraph (3) of this regulation. . Insertion of new regulation 13A after regulation 13 of the War Service Regulations 8 After regulation 13 of the War Service Regulations (reckoning as service previous employment subject to a non-statutory superannuation scheme), there shall be inserted the following regulation— “Application of regulation 13 to certain persons subject to the Public Health Laboratory Service Group Pension Scheme 13A Notwithstanding regulation 13 of these regulations, where a person who has been subject to the Public Health Laboratory Service Group Pension Scheme and who was on 30th January 1973 employed under a contract of service by the Public Health Laboratory Service Board or is so employed on the date of the coming into operation of these regulations— a elects that this regulation shall apply to him, and b surrenders his accrued rights in that Scheme to the body administering that Scheme, and c a transfer payment representing that person's accrued rights under that Scheme is made to the Secretary of State; he shall be credited with service calculated in accordance with the provisions of paragraph (3) of regulation 13 of these regulations and paragraphs (4) and (6) of that regulation shall apply to him as if he had made an election under paragraph (1) of that regulation. Insertion of Schedule to War Service Regulations 9 At the end of the War Service Regulations there shall be inserted the following Schedule— SCHEDULE Regulation 12B PART I CALCULATION OF TRANSFER PAYMENT A transfer payment shall be calculated in accordance with the formula ( A × B × C ) + D A is the period of additional contributing service calculated in accordance with the formula set out in regulation 12B(3); B is the appropriate factor from the table in Part II of this Schedule in relation to the transferee's age and sex; C is either (a) in the case of an employed transferee his remuneration relevant to the participating scheme on 1st April 1978; or (b) in the case of a transferee who is entitled to receive a pension, his pensionable remuneration relevant to the participating scheme on the day of retirement increased by the pensions increase factor appropriate on 1st April 1978; D is the amount of compound interest calculated at the same rate in respect of such periods between 1st April 1978 and the day on which the transfer payment is made as would be applicable under the provisions of paragraph (1)(b) of Schedule 2 to the principal regulations. In this Part of this Schedule the pensions increase factor means the rate by which a pension was increased by virtue of orders made under s. 2 of the Pensions (Increase) Act 1971 PART II TRANSFER VALUES FOR THE TRANSFER OF WAR SERVICE PER £1 OF SALARY PER ANNUM AGE ON 1.4.78 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 Regulations having retrospective effect 10 Regulations 4 and 5 of these regulations shall have effect as from 17th July 1975. Patrick Jenkin Secretary of State for Social Services 11th December 1980 Consent of the Minister for the Civil Service given under her official seal on 15th December 1980. W. G. Bristow Authorised by the Minister for the Civil Service