The Police Pensions (War Service) Regulations 1979

8.—(1) A qualified policeman may, in accordance with this Regulation, by notice elect to reckon pensionable service by virtue of such period of war service as he may specify in the notice (“the specified period of 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 so elect to reckon pensionable service by virtue of the specified period of war service for the purposes excepted in paragraph (1).

(3) Subject to the payment conditions contained in Regulation 9 being satisfied, in the case of a qualified policeman who elects as mentioned in paragraph (1) or in paragraphs (1) and (2), 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 a half of his specified period of war service so, however, that where a qualified policeman elects only as mentioned in paragraph (1), this paragraph shall not have effect for the purposes excepted in paragraph (1) and for those purposes his pension shall be deemed to be the pension to which he would be entitled without his additional period of pensionable service under this paragraph but that period shall count for the purposes of Part II of Schedule 3 to the old cases Regulations (preserved rate of widow's ordinary pension calculated by reference to the husband's pensionable service).

(4) Notice for the purposes of paragraph (1) or (2)—

(a) shall be given by a qualified policeman not earlier than three months before his intended retirement nor later than three months, or such longer period as the police authority may allow in the circumstances of his case, after his retirement, and

(b) shall be of no effect if he dies while serving or if it is given more than three months before his actual retirement:

Provided that a qualified policeman who retired before 6th November 1979 may give notice for the said purposes within three months of that date or within such longer period as the police authority may allow in the circumstances of his case.

(5) Where under paragraph (4) the police authority allow notice to be given more than three months after 6th November 1979 or the date on which the qualified policeman retires, as the case may be, 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;

(b) paragraph 2 of Part I of the Schedule shall apply to him with the omission of sub-paragraph (a) and the words “in any other case”; and

(c) Regulations 13 and 14 shall not apply to him.

(6) In the application of paragraphs (4) and (5) to 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, references in those paragraphs to retirement are references to retirement from that employment; and such a qualified policeman who retired before 6th November 1979 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.

(7) Where a notice for the purposes of paragraph (1) or (2) specifies the whole of a qualified policeman's period of war service and a shorter period of war service would be sufficient to produce the same benefits, the notice shall be deemed to specify that period.