3.—(1) Subject to regulation 4 of these regulations, an officer described in paragraph (2) of this regulation may, on application to the Secretary of State, reckon in respect of his war service a period of additional contributing service equal to one-half the length of that war service, or such part thereof as is needed after applying the provisions of regulation 9 of these regulations to comply with regulation 5(1) of these regulations, for the purpose of calculating benefits payable to or in respect of him by the Secretary of State under the principal regulations.
(2) Paragraph (1) of this regulation shall apply to an officer who, after war service, entered public health service employment before July 1950, or on completion of such course of training as the Secretary of State may allow, being either—
(a)a course in respect of which grants were paid to him under the Ministry of Labour and National Service Further Education and Training Scheme; or
(b)some other university course or training course in which he was engaged in the academic year preceding 30th June 1950.
4. An officer shall not be entitled to make application under regulation 3 of these regulations—
(a)unless either—
(i)his employment since the date of his first entry into public health service employment after war service is reckonable as contributing service under the principal regulations (not being contributing service which is reckonable in consequence of additional contributory payments or payments for added years under regulation 23A(2) of the principal regulations or as a result of his having received and not repaid a return of his superannuation contributions); or
(ii)on his first entry into public health service employment after war service he became subject to a pension scheme providing benefits under a policy of insurance, and after leaving that employment, or any subsequent public health service employment in which he was subject to a pension scheme providing benefits under a policy of insurance, he entered public health service employment which reckons as contributing service under the principal regulations (not being contributing service which is reckonable in consequence of additional contributory payments or payments for added years under regulation 23A(2) of the principal regulations or as a result of his having received and not repaid a return of his superannuation contributions) without a break of 12 months or more between consecutive periods of any such employment; or
(b)for war service which, apart from these regulations, already falls to be taken into account in the calculation of any pension under the principal regulations or which he had reckoned or has previously had an opportunity to reckon under another scheme for the provision of retirement benefits.
5.—(1) Subject to paragraph (2) of this regulation, the amount of additional contributing service which an officer may reckon shall, when aggregated with contributing service already reckonable by him, not exceed such limits as are specified in regulation 28 of the principal regulations.
(2) Where an officer's contributing service is increased under regulation 33(3) or 71 of the principal regulations, such increase shall be applied after having regard to additional contributing service he may reckon.
6. Additional contributing service shall not reckon as mental health officer service for the purposes of regulation 51(1) of the principal regulations.
7. The remuneration during any period of additional contributing service shall be deemed to have been at an annual rate ascertained by reference to the contributions deemed to have been payable by an officer for the purposes of regulation 8 of these regulations, and any additional contributing service shall be treated as service otherwise than as a practitioner and shall be aggregated with any other service otherwise than as a practitioner for the purposes of regulations 68 and 69 of the principal regulations.
8.—(1) Subject to the remaining paragraphs of this regulation, contributions for the period of an officer's war service shall be deemed to have been payable at an annual rate equal to the amount of the contributions paid by him in the first year of employment after 4th July 1948 in which he contributed to a superannuation scheme and which reckons as contributing service under the principal regulations (other than contributing service reckonable at half-length by virtue of regulation 33(1)(a) of the principal regulations) and there shall be deducted from benefits payable to or in respect of him under the principal regulations, other than a return of his contributions, an amount equal to the aggregate of—
(a)a sum equal to one-half of the contributions deemed to have been payable as aforementioned for the period of his war service reckonable as additional contributing service; and
(b)compound interest on that sum at the rate of 3frac12; per cent per annum with yearly rests from 1st July 1950 until the relevant date as provided in paragraph (4) of this regulation.
(2) A deduction under paragraph (1) of this regulation shall be made in the order specified in sub-paragraphs (a) to (c) of this paragraph as follows—
(a)where the officer has made an application under regulation 3 of these regulations—
(i)from the retiring allowance,
(ii)from the pension, and
(iii)from the death gratuity (if any),
so, however, that where the officer dies before becoming entitled to receive payment of a retiring allowance, the deduction shall be made from the death gratuity;
(b)where some other person has made an application as provided in regulation 11 of these regulations—
(i)from any payment of death gratuity,
(ii)from any additional pension in respect of the officer,
(iii)from the widow's pension or child's allowance, and
(iv)from any further benefit payable under regulation 14(5) of the principal regulations;
(c)in any case where a transfer payment is payable under the principal regulations, from the accrued retiring allowance and any outstanding balance shall be recovered from the resulting transfer payment.
(3) In the case of an officer who was in part-time employment in any part of the first year of employment mentioned in paragraph (1) of this regulation, the contributions deemed by that paragraph to have been payable shall be the amount that would have been payable on remuneration which the Secretary of State determines would have been payable in respect of comparable whole-time employment.
(4) The relevant date is—
(a)in the case of a person who on 17th July 1975 was entitled to a pension, 17th July 1975; or
(b)in the case of an officer who became or becomes a member of another superannuation scheme on or after 17th July 1975 and a transfer payment under the principal regulations is paid or becomes payable to that scheme in respect of him, the date of his ceasing to be an officer; or
(c)in any other case, the day preceding that on which the person became or becomes entitled to a pension:
(5) Where the Secretary of State has received in respect of an officer a transfer payment from a health service scheme, and that payment has been reduced under a provision corresponding to paragraph (2)(c) of this regulation, there shall be deducted from benefits payable to or in respect of the officer under the principal regulations the amount that would have been deducted from corresponding benefits under that health service scheme.
(6) Where the amount of contributions paid by an officer in the first year of employment mentioned in paragraph (1) of this regulation cannot be ascertained because the records of a former employer are no longer available and the officer, having been invited to do so, cannot provide appropriate records, he shall be regarded as having paid contributions on such remuneration as his former employer was at the time in the practice of paying to a person of the same age and status.
(7) For the purpose of determining the contributions paid in the first year of employment mentioned in paragraph (1) of this regulation, a dental practitioner shall be deemed not to have paid contributions on remuneration in excess of an annual rate of £2,500 in the financial year ending 31st March 1949, £3,000 in the financial year ending 31st March 1950 and £3,500 in the financial year ending 31st March 1951.
(8) Where, for the purposes of section 1 of the National Insurance Act 1946, an officer's contributions in the first year of employment mentioned in paragraph (1) of this regulation were paid at a reduced rate, for the purposes of this regulation his contributions shall be deemed not to have been so reduced, and any pension to which he may become entitled in respect of additional contributing service shall not be reduced under the provisions of regulation 52 of the principal regulations.
9. Where, apart from regulation 5(1) of these regulations, an officer who has purchased or is purchasing added years of contributing service under the principal regulations would be entitled to reckon additional contributing service to such extent that, if he continued in his employment, his total contributing service (including added years and additional contributing service) would fall to be limited under the said regulation 5(1) and regulation 28(1) of the principal regulations, the number of added years purchased shall be reduced by the number of whole years by which such total service would apart from the said regulations 5(1) and 28(1), exceed the limit specified in the said regulation 28(1), and the Secretary of State shall adjust the amount payable by the officer by way of lump sum or instalments accordingly.
10.—(1) Regulation 23C of the principal regulations shall apply so as to enable an officer who is able to reckon additional contributing service to elect to make payment in respect of that service as though the requirement in that regulation for elections to be made within 12 months were omitted, and for the purpose of calculating the amount payable under that regulation the material date shall be the date on which his election is received by the Secretary of State, so, however, that where such election is received after he ceases to be an officer the material date shall be the date on which he so ceased to be an officer.
(2) Regulation 22 of the National Health Service (Superannuation) (Amendment) Regulations 1975(1) except paragraphs (2) and (8) thereof, shall apply to any person therein mentioned in respect of any additional contributing service as though the references in that regulation to 31st December 1975 were references to the date of coming into operation of these regulations, so, however, that the material date shall be the date before the coming into operation of these regulations on which the person last ceased to be an officer for the purpose of the principal regulations.
11. Where, after 16th July 1975, a widow's pension or child's allowance becomes payable under the principal regulations in respect of the service of an officer who had he not died would have been able to reckon additional contributing service, the person entitled to such widow's pension or child's allowance shall be entitled to make application under regulation 3 of these regulations in lieu of the application which could have been made by such officer had he not died.
12.—(1) Where an officer has become entitled to a pension under the principal regulations, such pension and the associated retiring allowance shall be adjusted to take account of additional contributing service he is able to reckon—
(a)in the case of an officer who became entitled to such pension before 17th July 1975, as from 17th July 1975; and
(b)in the case of an officer who became or becomes entitled to such pension on or after 17th July 1975, as from the date on which he became or becomes so entitled.
(2) Where an officer has become a member of another Superannuation scheme after 16th July 1975 and a transfer payment has become payable to that scheme in respect of him, such transfer payment shall be adjusted to take account of additional contributing service he is able to reckon.
(3) Where a person mentioned in regulation 11 of these regulations has become entitled to a benefit mentioned therein, such benefit shall be adjusted to take account of additional contributing service which the officer mentioned in the said regulation 11 would have been able to reckon had he not died and any death gratuity payable in respect of him shall be adjusted accordingly.
(4) Notwithstanding the foregoing provisions of this regulation, where an application under regulation 3 of these regulations is received more than 12 months after the coming into operation of these regulations, no arrears of pension, window's pension or child's allowance payable as the result shall be payable in respect of a period earlier than 12 months before the receipt of such application, so, however, that the Secretary of State may waive the operation of this paragraph in any case where he considers this to be appropriate.
(1975 II, p. 4362).