TNAG-2100-FCO40-2989-HM-Overseas-Civil-Service-(HMOCS)-policy-matters-1990 — Page 161

A 10

[Subsidiary}

War service to count for

pension

purposes.

549 РБС 1937

S+P PBC 1937

CAP. 891

Pensions Regulations

[1982 Ed.

16. Where an officer shall have served with Her Majesty's Forces in time of war und before so serving shall have been employed in the public service the following provisions shall have effect-

(a) during the period of such service in Her Majesty's Forces, including any period after the termination of the war (in this regulation referred to as military service), he shall be deemed for the purposes of the Ordinance and these regulations to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to military service;

(b) during any period between his leaving the public service for the purpose of serving in Her Majesty's Forces and the date of his commencing military service he shall, for the purposes of the Ordinance and of these regulations, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he was last employed and to have held the substantive office last held by him in that service prior to military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from the service and to have held the substantive office in which he is re-employed:

Provided that-

(i) this regulation shall not apply when either period men- tioned in paragraph (b) exceeds 3 months, or such longer period as the Governor, with the approval of the Secretary of State, may in any special case determine; or if the officer fails after serving with Her Majesty's Forces to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months or such longer period as may be determined as aforesaid, after the termination of his military service;

(ii) this regulation shall not apply when subsequent to the commencement of the Ordinance an officer shall have commenced service with Her Majesty's Forces without the approval of the Governor of the territory in the service of which he was last employed before so serving orofthe Secretary of State:

(iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military