The Teachers' Superannuation (Consolidation) Regulations 1988

War service reckonable without receipt of a transfer value

D5.—(1) If a claim has been made to the Secretary of State, this regulation applies where—

(a) a person was entitled at the material time to count a period as reckonable service for the purposes of the 1976 Regulations or previous provisions by virtue of a period of service of a kind described in the first column of Part I of Schedule 8 (“qualifying service”), and

(b) the condition specified opposite the qualifying service in the second column is satisfied.

(2) A claim made for the purposes of this regulation may be treated as ineffective if it is not supported by a certificate, given by or on behalf of the scheme managers of the pension scheme appropriate to the qualifying service, as to the satisfaction of the condition and as to the duration of the person’s war service.

(3) The material time is 1st April 1978, unless the person died before that date but after 31st August 1974 when it is the time of his death.

(4) Where this regulation would be capable of applying by virtue of more than one period of qualifying service it applies by virtue only of the first such period, and the others are to be disregarded.

(5) Subject to paragraphs (6) and (7), where this regulation applies the person is to be treated as having been entitled at the material time to count as reckonable service—

(a) where the qualifying service is police or fire service or Northern Ireland police or fire service, a period equal to 63 ⅔ per cent of his war service, and

(b) in any other case, a period equal to 47 per cent of his war service.

(6) Where the person died before 1st April 1978, paragraph (5) does not apply for the purpose of calculating any terminal payment or the rate before that date of any family benefits.

(7) Where paragraph (5) applies for the purpose of calculating a retirement lump sum, the period is to be treated as reckonable service before 1st October 1956.

(8) In this regulation “war service” has the meaning given, in relation to the qualifying service, in the third column of Part I of Schedule 8.