
PART I
1 
These regulations may be cited as the National Health Service (Superannuation)
(War Service, etc.) Regulations 1977 and shall come into operation on 22nd
December 1977.
2 

(1) In these regulations, unless the context
otherwise requires—
 “the principal regulations”
 means the 
National Health Service (Superannuation) Regulations 1961 , as amended ;

 “additional contributing service”
 means service an officer is able to
reckon by virtue of Part II
of these regulations for the purposes of calculating any benefits payable
by the Secretary of State under the principal regulations;
 “excess remuneration”
 means in relation to a retired officer
of the armed forces of the Crown who is re-employed in those forces, any service
pension drawn in respect of such period of re-employment, or any addition
to the normal pay attaching to the post in which the officer is re-employed
which is granted by reason of the officer's former employment in those forces;

 “non-effective pay” includes naval, military and air force pensions, retired pay, and
gratuities (other than war gratuities, to which 
section 23 of the Finance (No. 2) Act
1945, which exempted war gratuities from income
tax, applied);
 “pension” includes any continuing payment payable by the Secretary of State
under regulations 9B, 
43, 45 and 46
of the principal regulations;
 “public health service employment”
 means— 
(a) employment in England, Wales, Scotland, Northern Ireland or the
Isle of Man which reckoned for the purpose of calculating the amount of any
pension under the appropriate National Health
Service superannuation scheme;
(b) pensionable employment in a hospital
directly administered by a Government Department;
(c) employment by a local health
authority or school health authority which reckoned for the purpose of calculating
the amount of any pension under a public service pension scheme; or
(d) pensionable employment in a medical
school, being in London a medical or dental school or a post-graduate institute
and elsewhere a department within a school of medicine or dentistry of a university;

 “war service”
means such service over the age of 18 as is mentioned
in section 1
of the Superannuation Act 1946
at any time between 3rd September 1939 and 30th June 1950 (both dates inclusive)
but does not include any such war service in respect of which an officer has
received, and has not refunded, non-effective pay or excess remuneration;
and any other words and expressions have the same meanings as in
the principal regulations.
(2) A reference in this Part or in 
Part II of these regulations to an officer
shall be construed to include a reference to—
(a) a practitioner to whom, by virtue of 
regulation 62 of the principal regulations,
those regulations apply as if he were an officer;
(b) a person who has become entitled to a
pension under the principal regulations or the previous regulations in respect
of his employment as an officer;
(c) a person to whom the provisions of 
regulation 79 of the principal regulations
apply; and
(d) a person to whom 
regulation 18(1) of the principal regulations
applies,and any reference in this Part or 
Part II of these regulations to the principal
regulations or to a regulation of the principal regulations shall be construed
to include a reference to the previous regulations or the corresponding regulation
of the previous regulations.
(3) Any reference in these regulations to
any provision made by or contained in any enactment or instrument shall, except
insofar as the context to otherwise requires, be construed as a reference
to that provision as amended or extended by any enactment or instrument which
may re-enact or replace it.
(4) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply for the
purposes of the interpretation of these regulations as they apply for the
purposes of an Act of Parliament.
PART II
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:Provided that where a person has become entitled to a
pension as mentioned in sub-paragraph (a)
or (c) of this paragraph
but has not become entitled to receive payment of that pension because his
benefits have been recalculated in accordance with 
regulation 40 of the principal regulations,
the relevant date shall be the date on which his benefits last fell to be
recalculated under the said regulation 40
before he became entitled to payment thereof.
(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 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.
PART III
13 

(1) Subject to 
paragraph (7) of this regulation, where—

(a) a person who is subject to the provisions
of regulation 45
of the principal regulations and whose superannuation benefits are secured
by policies of insurance; or
(b) a person who is subject to the principal
regulations and who became subject thereto on being transferred under the
provisions of the National
Health Service Reorganisation Act 1973 from
employment in which he was subject to the Federated
Superannuation Scheme for Nurses and Hospital Officerselects, not later than 3 months after the operative date of these
regulations, or within such longer period as the Secretary of State may in
any particular case allow, that this regulation shall apply to him and surrenders
to the Secretary of State the policies of insurance by which his superannuation
benefits are or were secured, he shall be credited with service calculated
in accordance with the provisions of 
paragraphs (2) and (3) or 
(5) of this regulation, and if he is a person
referred to in sub-paragraph (a)
of this paragraph the principal regulations shall apply to him as from the
date he surrenders his policies of insurance.
(2) Notwithstanding the definition of service
in regulation 2(1)
of the principal regulations, where a person elects that this regulation shall
apply to him the period during which the policies of insurance were fully
maintained shall be reckonable as service at its full length for the purpose
of determining whether any benefit is payable to or in respect of him under
the principal regulations and for the purpose of calculating such benefit
shall reckon in accordance with the provisions of 
paragraph (3) or (5)
of this regulation.
(3) In calculating the service reckonable
under the provisions of this regulation—
(a) any period during which the whole of
the relevant insurance policies have been fully maintained up to the date
of surrender to the Secretary of State shall, subject to the provisions of 
sub-paragraph (b) of this paragraph and 
paragraph (5) of this regulation, be reckonable
as contributing service under the principal regulations in the proportion
of 9 years' reckonable service for every 10 years of the said period up to
24th March 1972 and in the like proportion for the remainder of the said period,
shorter periods being reckoned proportionately;
(b) any period of part-time employment shall
be treated as whole-time employment for a period which bears the same proportion
to the period of part-time employment as the number of hours of employment
in each week bears to the number of hours which would have constituted whole-time
employment, and any period during which less than the full insurance premiums
have been paid shall be reduced to a length which bears the same proportion
to the whole of such period as the amount of insurance premiums paid bears
to the full insurance premiums payable.
(4) The benefits in respect of the contributing
service reckoning under the provisions of this regulation shall be reduced
at the rate specified in regulation 52(3)(c)
 of the principal regulations and the periods
of employment referred to in paragraph (3)
of this regulation shall not be treated as participating employment for the
purposes of the National
Insurance (National Health Service Superannuation Scheme—Modification
and Non-participation) Regulations 1976
(5) The benefits in respect of any period
of employment as a practitioner during which the whole of the relevant insurance
policies have been fully maintained up to the date of surrender to the Secretary
of State, shall be calculated at 9/10ths of the benefits to which he would
have been entitled if he had been subject to the principal regulations other
than regulation 64(2)(d)
during such period, and such benefits shall be reduced at the rate specified
in regulation 52(3)(c)
of the principal regulations.
(6) Where a person elects that this regulation
shall apply to him, any payments made by him towards the maintenance of the
policies of insurance shall be treated for the purposes of 
regulation 2(8) of the principal regulations
as if they were superannuation contributions.
(7) This regulation shall not apply to a
person who is subject to any of the following pension schemes—
(a) the Holloway
Sanatorium Pension Scheme;
(b) the Old
Manor, Salisbury, Pension and Life Assurance Scheme;

(c) the Public
Health Laboratory Service Group Pension Scheme.

(8) This regulation shall have effect as
from 31st March 1977.
PART IV
14 
Regulation 84
of the principal regulations shall apply for the purposes of these regulations
as it applies for the purposes of the principal regulations.
David Ennals
Secretary of State for Social Services
21st November 1977Consent of the Minister for the Civil Service given under his
Official Seal on 21st November 1977.
K. H. McNeill
Authorised by the Minister for the Civil Service
