The Armed Forces Pension Scheme Order 2005

• (a) if none of the deceased members' reckonable service exceeded 35 years, 35 years,

• (b) if one (and only one) of the deceased members' reckonable service exceeded 35 years, that member’s reckonable service (but not exceeding 37 1/3 years), and

• (c) if two or more of the deceased members' reckonable service exceeded 35 years, the reckonable service of the member with the greatest reckonable service (but not exceeding 37 1/3 years).

• (4) The total amount of the pensions payable as mentioned in paragraph (1) immediately after the death, excluding any amount that is attributable to any increase made as a result of rule D.10 (member’s option to exchange lump sum for pension), must not exceed such amount as results from the pensions being calculated by reference to the dependant’s maximum.

• (5) In determining the amount of each of the pensions so payable to arrive at that total amount, the reference service for the pensions is to be reduced in such a manner as results in the greatest total amount.

• (6) In determining for the purposes of the Scheme whether a pension is payable under rule E.1 or E.2, the fact that the amount of any pension that would otherwise be payable under that rule is reduced to nil as a result of this rule is to be disregarded.

Pensions for Eligible Children

Surviving children’s pensions

E.8

• (1) If a member dies leaving an eligible child, a pension is payable in respect of the child.

• (2) If the child ceases to be an eligible child after the date of death, the pension ceases to be payable unless and until the child becomes an eligible child again.

• (3) This rule is subject to—

• (a) rule E.13 (children born after the member’s death), and

• (b) rule E.14 (children entitled to three or more pensions).

Meaning of “eligible child”

E.9

• (1) In these Rules “eligible child”, in relation to a deceased member, means—

• (a) a child of the member who meets any of conditions A to C, or

• (b) any other child or young person who—

• (i) meets any of those conditions, and

• (ii) was financially dependent on the member at the date of death.

• (2) Condition A is that the person is aged under 18.

• (3) Condition B is that the person is in full-time education or vocational training and is aged under 23.

• (4) Condition C is that, because of physical or mental impairment—

• (a) the person is, in the opinion of the Scheme administrator, unable to engage in full-time gainful employment; and

• (b) the person was dependent on the member at the date of the death.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person who is aged under 19 on the date when he ceases to be in full-time education is treated as being in such education until the first of the following dates after he so ceases—

• (a) the second Monday in January,

• (b) the second Monday after Easter Monday,

• (c) the second Monday in September,

• (d) his 19th birthday,

• (e) the date on which he becomes engaged full-time in gainful employment.

• (6) A person who at the date of a member’s death is aged under 23 and taking a break from full-time education or vocational training not exceeding 15 months is assumed to be continuing in such education or training during the break for the purpose of determining—

• (a) whether the person is an eligible child at that date, and

• (b) how many pensions are payable under rule E.8(1) immediately after that date.

• (7) A person who is prevented from continuing in full-time education or vocational training on account of ill-health is treated for the purposes of condition B and paragraph (5) as continuing to be in such education or training until he is no longer so prevented.

• (8) Paragraph (7) does not apply at any time when the person’s health is such that it is reasonable to assume that he will not be capable of undertaking any further education or training.

• (9) Nothing in paragraph (6) or (7) requires a pension to be paid in respect of a person during the break in his education or training.

Amount of children’s pension under rule E.8: active members

E.10

• (1) This rule applies for determining in the case of a deceased active member the annual amount of a pension payable under rule E.8(1) (surviving children’s pensions).

• (2) The amount of such a pension is determined by reference to the amount (“the member’s assumed pension”) that is the annual pension to which the member would have been entitled under rule D.5 (early payment of benefits: active members with permanent serious ill-health) if he had become entitled to a pension under that rule on the date of death (see rule D.5(4) and (5)).

• (3) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one pension is payable at that time under rule E.8(1),

the annual amount of the pension payable under rule E.8(1) is equal to one quarter of the member’s assumed pension.

• (4) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) two or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension payable under rule E.8(1) is equal to—

$$100-SA100×APN$where—SA is the amount of the pension payable under rule E.1 or E.2 (disregarding rules D.10, E.6 and E.7), expressed as a percentage of the member’s assumed pension,AP is the member’s assumed pension, andN is the number of pensions payable under rule E.8(1).$

• (5) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one, two or three pensions are payable at that time under rule E.8(1),

the annual amount of each pension payable under rule E.8(1) is equal to one third of the member’s assumed pension.

• (6) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) four or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension payable under rule E.8(1) is equal to the member’s assumed pension, divided by the number of pensions payable under that rule.

• (7) If—

• (a) immediately before the member’s death he was entitled to exercise the option under rule G.3 or G.4 (aggregation of service),

• (b) no pension is payable under rule E.1 or E.2, and

• (c) the cost condition is met (see paragraph (8)),

these Rules apply as if the member had exercised that option before his death.

• (8) The cost condition is that in the opinion of the Secretary of State the total cost of providing benefits in respect of the member under the Scheme and the AFPS 1975 would have been greater if he had exercised that option than if he had not (apart from paragraph (7)).

• (9) In forming an opinion for the purposes of paragraph (8), the Secretary of State must—

• (a) assume that in the case of each child in respect of whom a pension is payable under rule E.8(1), or under the AFPS 1975 by virtue of any entitlement in respect of the member as a deferred member of the AFPS 1975, the pension will be payable for the period of 5 years or, if longer, until the child reaches 18, and

• (b) disregard the effect of the Pensions (Increase) Act 1971 in respect of any period after the date of death.

• (10) If—

• (a) a pension is payable under rule E.8(1) in respect of a child,

• (b) the annual amount of the pension is calculated under this rule on the basis that a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (c) the pension under rule E.1 or E.2 ceases to be payable,

the annual amount of the pension payable under rule E.8(1) in respect of the child for any period after the date on which the pension under rule E.1 or E.2 ceases to be payable is calculated in accordance with paragraphs (5) to (9) as if no pension had been payable under rule E.1 or E.2 immediately after the date of the member’s death.

Amount of children’s pension under rule E.8: deferred members

E.11

• (1) This rule applies for determining in the case of a deceased deferred member the annual amount of a pension payable under rule E.8(1) (surviving children’s pensions).

• (2) The amount of such a pension is determined by reference to the annual pension to which the member would have been entitled under rule D.2, on the assumption that the pension had become payable on the date of death (“the member’s deferred pension”).

• (3) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one pension is payable at that time under rule E.8(1),

the annual amount of that pension is equal to one quarter of the member’s deferred pension.

• (4) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) two or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to—

$$100-SA100×DPN$where—SA is the amount of the pension payable under rule E.1 or E.2 (disregarding rules D.10, E.6 and E.7), expressed as a percentage of the member’s deferred pension,DP is the member’s deferred pension, andN is the number of pensions payable under rule E.8(1).$

• (5) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one, two or three pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to one third of the member’s deferred pension.

• (6) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) four or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to the member’s deferred pension, divided by the number of pensions payable under rule E.8(1).

• (7) If—

• (a) a pension is payable under rule E.8(1) in respect of a child,

• (b) the annual amount of the pension is calculated under this rule on the basis that a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (c) the pension under rule E.1 or E.2 ceases to be payable,

the annual amount of the pension payable under rule E.8(1) in respect of the child for any period after the date on which the pension under rule E.1 or E.2 ceases to be payable is calculated in accordance with paragraph (5) or (6) as if no pension had been payable under rule E.1 or E.2 immediately after the date of the member’s death.

Amount of children’s pension under rule E.8: pensioner members

E.12

• (1) This rule applies for determining in the case of a deceased pensioner member the annual amount of a pension payable under rule E.8(1) (surviving children’s pensions).

• (2) The amount of such a pension is determined by reference to the annual pension to which the member was entitled on the date of death (“the member’s pension”), except that—

• (a) in a case where the member’s pension was increased under rule D.10 (option to exchange lump sum for pension), the member’s pension is taken for this purpose to exclude so much of the pension as is attributable to that increase, and

• (b) where that option was exercised so as to increase the pension under rule E.8(1), this rule is without prejudice to that increase.

• (3) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one pension is payable at that time under rule E.8(1),

the annual amount of that pension is equal to one quarter of the member’s pension.

• (4) If—

• (a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) two or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to—

$$100-SA100×PN$where—SA is the amount of the pension payable under rule E.1 or E.2 (disregarding any increase or reduction made by virtue of rule D.10, D.16, E.6 or E.7), expressed as a percentage of the member’s pension,P is the member’s pension, andN is the number of pensions payable under rule E.8(1).$

• (5) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) one, two or three pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to the one third of the member’s pension.

• (6) If—

• (a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (b) four or more pensions are payable at that time under rule E.8(1),

the annual amount of each pension is equal to the member’s pension, divided by the number of pensions payable under rule E.8(1).

• (7) If—

• (a) a pension is payable under rule E.8(1) in respect of a child,

• (b) the annual amount of the pension is calculated under this rule on the basis that a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and

• (c) the pension under rule E.1 or E.2 ceases to be payable,

the annual amount of the pension payable under rule E.8(1) in respect of the child for any period after the date on which the pension under rule E.1 or E.2 ceases to be payable is calculated in accordance with paragraph (5) or (6) as if no pension had been payable under rule E.1 or E.2 immediately after the date of the member’s death.

Children born after the member’s death

E.13

• (1) For the purposes of rule E.8(1), a member is only treated as leaving a child who is born after the member’s death if the child is born before the first anniversary of the member’s death.

• (2) No pension is payable under that rule in respect of any period before the child’s birth.

• (3) But a pension in respect of a child born after the member’s death is treated as payable in respect of that period in determining the number of pensions payable immediately after the date of the member’s death for the purposes of rules E.10(3), (4), (5) and (6), E.11(3), (4), (5) and (6) and E.12(3), (4), (5) and (6) (amount of children’s pensions).

Children entitled to three or more pensions

E.14

• (1) This rule applies if, apart from this rule, pensions would be payable in respect of the same child under rule E.8 as a result of the death of more than two members.

• (2) Only the pensions payable as a result of the death of two of the members and which together result in the payment of the greatest annual amount in respect of the child are payable.

• (3) Rule E.27(3) (under which benefits are payable in respect of dual capacity members under this Part as if two or more members of the kinds in question had died and the amounts payable are determined accordingly) does not apply for the purpose of determining for this rule the number of members as a result of whose deaths pensions are payable.

• (4) But the amount of the pensions payable as the result of the death of any member to whom that rule applies are calculated in accordance with rule E.27 before applying paragraph (2).

Lump Sum Death Benefits

Death of a member: lump sum benefit

E.15

• (1) If a member dies before reaching the age of 75, the Secretary of State may pay a lump sum to any of the following—

• (a) the person or persons nominated by the member in accordance with rule E.21;

• (b) if there is no person within sub-paragraph (a), to any person who is entitled to a pension under rule E.1 in respect of the member, or to whom a pension may be awarded under rule E.2 in respect of the member;

• (c) if there is no person within sub-paragraph (a) or (b), to any person who, but for the application of rule E.1(2) or rule E.2(2), would be so entitled or to whom a pension may be awarded; or

• (d) if there is no person within sub-paragraphs (a), (b) or (c), to the member’s personal representatives.

• (2) If two or more persons have been so nominated and the Secretary of State decides to pay the lump sum to them—

• (a) the payment is to be made to them in such proportions as the member has specified in the nomination, or

• (b) if no proportions are so specified, in such proportions as the Secretary of State considers appropriate.

• (3) This rule does not apply if—

• (a) the member is—

• (i) a pensioner member, or

• (ii) a pension credit member who dies after any benefits attributable to his pension credit have become payable, and

• (b) the death takes place—

• (i) more than five years after the member’s pension becomes payable, or

• (ii) after the member’s pension has been commuted under rule J.8 (commutation of small pensions).

• (4) A lump sum paid under this rule may not be paid more than two years after the day on which the Scheme administrator first knew, or could reasonably be expected to have known, of the member’s death.

• (5) The annual amount of pension paid to a person under this Part shall be increased by such amount as the Defence Council, after consulting with the Scheme actuary, may determine, if—

• (a) the Defence Council have determined that a lump sum should be paid to the person under this Part, but the lump sum is not paid within two years of the date of the death; or

• (b) the Defence Council have determined that, but for paragraph (1), a lump sum would have been paid to the person.

Amount of lump sum benefit under rule E.15: active members

E.16

• (1) In the case of an active member, the amount of the lump sum payable under rule E.15 (death of a member: lump sum benefit) is equal to the member’s final pensionable earnings, multiplied by four.

Amount of lump sum benefit under rule E.15: deferred members

E.17

• (1) In the case of a deceased deferred member, the amount of the lump sum payable under rule E.15 (death of a member: lump sum benefit) is equal to the amount of the lump sum to which the member would have become entitled under rule D.2 if the member had become entitled to a lump sum under that rule on the date of death.

Amount of lump sum benefit under rule E.15: pensioner members

E.18

• (1) In the case of a deceased pensioner member, the amount of the lump sum payable under rule E.15 (death of a member: lump sum benefit) is equal to—

$$A-B$where—A is the amount of the pension that would have been payable to the member during so much of the period of five years beginning with the date on which the pension became payable as falls after the date of death, andB is the amount of any lump sum paid to the member under rule D.1, D.2, D.4, D.5, D.6 or D.7.$

• (2) Any increases in the pension which might have become payable after the date of death are disregarded for the purposes of paragraph (1).

• (3) If the member was both a pensioner member and an active member, the amount payable under rule E.16 is payable instead of the amount under paragraph (1).

Amount of lump sum benefit under rule E.15: pension credit members

E.19

• (1) In the case of a pension credit member who dies before any benefits derived from his pension credit have become payable, the amount of the lump sum payable under rule E.15 (death of a member: lump sum benefit) is calculated by multiplying by 3 the amount of the annual pension that would have been payable to him under rule D.3 if that pension had become payable to him on the date of his death.

• (2) In the case of a pension credit member who dies after the pension under rule D.3 becomes payable, the amount of the lump sum payable under rule E.15 (death of a member: lump sum benefit) is equal to—

$$A-Bwhere—$where—A is the amount of the pension that would have been payable to the member during so much of the period of five years beginning with the date on which the pension became payable as falls after the date of death, andB is the amount of any lump sum paid to the member under rule D.3 or D.4.$

• (3) Any increases in the pension which might have become payable after the date of death are disregarded for the purposes of paragraph (2).

Members affected by court orders to former spouses and civil partners on death

E.20

• (1) This rule applies where on a member’s death the Secretary of State is required under a court order to pay any part of any amount payable under rule E.15 to the member’s former spouse or civil partner.

• (2) Where this rule applies the amount payable under that rule is determined as if no such order had been made, and then this Part applies as if the amount payable under rule E.15 were reduced by the amount payable under the court order.

Nominations for lump sum death benefits

E.21

• (1) For the purposes of rule E.15 (death of a member: lump sum benefits)—

• (a) a member may nominate one or more persons, and

• (b) if he nominates two or more persons, he may specify in the nomination the proportions of the payment he wishes each of them to receive.

• (2) The member must make his nomination by notice in writing to the Scheme administrator in such form as the Secretary of State may require or is willing to accept.

• (3) A member may revoke or alter a nomination by a further notice in writing to the Scheme administrator in such form as the Secretary of State may require or is willing to accept.

• (3A) This rule is subject to paragraph 61 of Schedule 3 (remediable service).

• (4) The nomination of a person is invalid—

• (a) if—

• (i) the person nominated is an individual who was the spouse or civil partner of the member at the date the nomination was made and is not the spouse or civil partner of the member immediately before the member’s death, and

• (ii) the member did not confirm the nomination by notice in writing to the Scheme administrator after the marriage or civil partnership ended, or

• (b) if the person nominated is an individual who predeceases the member.

• (5) If a person nominated is convicted of the offence of murder or manslaughter of the member, the person’s nomination is to be treated as invalid from the member’s death.

• (6) If a person nominated is convicted of any other offence of which the unlawful killing or wounding of the member is an element, the Secretary of State may determine that the nomination is to be treated as invalid from the member’s death.

• (7) Where the member marries or enters into a civil partnership on or after 1st December 2018, any existing nomination ceases to have effect from the date of the marriage or civil partnership.

General Provisions

Pension debit members

E.22

• (1) This rule applies where the deceased member was a pension debit member.

• (2) If the member was an active member—

• (a) the pension payable under rule E.1 (surviving spouses' and civil partners' pensions) or rule E.2 (other adult dependants' pensions) is calculated as mentioned in paragraph (3),

• (b) the amount payable under rule E.8(1) by virtue of rule E.10 (surviving children’s pensions)—

• (i) is first calculated as if the member were not a pension debit member (in particular, in determining the amount of the member’s assumed pension or annual pension for the purposes of rule E.10(2)), and

• (ii) is then subject to any reduction required under section 31 of the Welfare Reform and Pensions Act 1999 (“section 31”), and

• (c) the lump sum payable under rule E.15 (death of a member: lump sum benefit) is calculated under rule E.16.

• (3) The pension is first calculated under rule E.3 as if the member were not a pension debit member, and then it is reduced in the same proportion as the member’s assumed pension would have been reduced under that section if he had been entitled to it on the date of death.

• (4) If the member was a deferred member—

• (a) the amount of the pension payable under rule E.1 or E.2 is calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31, and

• (b) the amount payable under rule E.8(1) by virtue of rule E.11—

• (i) is first calculated as if the member were not a pension debit member (in particular, in determining the amount of the annual pension referred to in rule E.11(2)), and

• (ii) is then subject to any reduction required under section 31.

• (5) If the member was a pensioner member—

• (a) the amount of the pension payable under rule E.1 or E.2 is calculated by reference to the amount of the pension to which the member was entitled (after the reduction under section 31), and

• (b) the amount payable under rule E.8(1) by virtue of rule E.12—

• (i) is first calculated as if the member were not a pension debit member (in particular, in determining the amount of the annual pension referred to in rule E.12(2) to which the member was entitled), and

• (ii) is then subject to any reduction required under section 31.

• (6) The effect of any option under rule D.10 (option to exchange lump sum for pension) to increase any pension is to be disregarded in determining the amount payable under paragraph (5) in the first instance; then the option is to be taken into account so far as it increases the amount of the pension so payable.

Dependants' pensions: suspension and recovery

E.23

• (1) This rule applies where—

• (a) on a member’s death a pension has been awarded and paid under this Part, and

• (b) subsequently it appears to the Secretary of State that the member or the person to whom the pension has been paid made a false declaration or deliberately suppressed a material fact in connection with the award.

• (2) The Secretary of State may—

• (a) cease paying the pension, and

• (b) recover any payment made under the award.

• (3) Paragraph (2) does not affect the Secretary of State’s right to recover a payment or overpayment in any case where he considers it appropriate to do so.

Recovery of lump sum payments made to nominee

E.24

• (1) Where—

• (a) payment is made to a person under rule E.15 (death of a member: lump sum benefit) because of the person’s nomination by a member, and

• (b) the person’s nomination is subsequently found to be invalid under rule E.21(4) or (5),

the Secretary of State may recover the payment.

• (2) Paragraph (1) does not affect the Secretary of State’s right to recover a payment or overpayment in any case where he considers it appropriate to do so.

Provisional awards of children’s pensions: later adjustments

E.25

• (1) This rule applies where after the death of an active member, a deferred member or a pensioner member—

• (a) a pension is paid in respect of one or more persons under this Part on the basis that they were eligible children at the date of the member’s death and that there were then no other eligible children, and

• (b) subsequently it appears—

• (i) that a person in respect of whom such a pension has been paid was not then an eligible child, or

• (ii) that a further person was then an eligible child, or

• (iii) that a child who was born after the member’s death is an eligible child.

• (2) The Secretary of State may make such adjustments in the amount of the pensions payable in respect of the children in question as are required in view of the facts as they subsequently appear.

• (3) Paragraph (2) does not affect the Secretary of State’s right to recover a payment or overpayment in any case where he considers it appropriate to do so.

Payments under this Part

E.26

• (1) A pension under this Part is payable from the day after the date of the death of the member.

• (2) Payment of a lump sum payable under this Part must be made before the expiry of the period of two years beginning with that date.

• (3) A pension payable under this Part in respect of an eligible child aged under 18 must be paid—

• (a) if the child is in the care of the member’s surviving spouse or civil partner or a person who is the member’s surviving adult dependant for the purposes of rule E.2, to the surviving spouse or civil partner or the adult dependant, and

• (b) in any other case, to the child’s guardian,

unless the Secretary of State directs otherwise.

Dual capacity membership

E.27

• (1) This rule applies where the deceased member was—

• (a) a member of the Scheme of two or more of the kinds specified in paragraph (2), or

• (b) a member of the Scheme and a member of the AFPS 1975.

• (2) They are—

• (a) an active member,

• (b) a deferred member,

• (c) a pensioner member, and

• (d) a pension credit member.

• (3) Where paragraph (1)(a) applies, the general rule is that—

• (a) benefits are payable in respect of the member under this Part as if two or more members of the kinds in question had died (so that two or more pensions or lump sums are payable in respect of the one deceased member), and

• (b) the amounts payable are determined accordingly.

• (4) But that general rule is subject to—

• (a) rule E.3(4) and E.4(4) (adult dependants' pension where the member was both an active member and a deferred member),

• (b) rule E.14(3) and (4) (children entitled to three or more pensions),

• (c) rules E.16(2) and E.17(2) (amount of lump sum where the member was both an active member and a deferred member), and

• (d) rule E.16(3) and E.18(3) (amount of lump sum where the member was both an active member and a pensioner member).

• (5) Where paragraph (1)(b) applies, the general rule is that benefits are payable in respect of the member under this Part regardless of the member’s membership of the AFPS 1975.

• (6) But that general rule is subject to rules E.16(4) and (5) and E.17(3) (amount of lump sum where member was both a member of the Scheme and a member of the AFPS 1975).

Guaranteed minimum pensions for surviving spouses

E.28

• (1) This rule applies where the surviving spouse of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 of the Pension Schemes Act 1993 in relation to benefits in respect of the deceased member under the Scheme.

• (2) If apart from this rule—

• (a) no pension would be payable to the surviving spouse under this Part, or

• (b) the weekly rate of the pension payable would be less than the guaranteed minimum,

a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving spouse for life.

• (3) Paragraph (2) does not apply if the pension is forfeited in a case where rule J.6(1)(a) (conviction of treason or other national security offences) applies.

PART F — TRANSFERS

Transfers Out

Right to transfer value payment

F.1

• (1) This Part supplements the rights conferred under Chapter 4 of Part 4 of the Pension Schemes Act 1993 (transfer values).

• (2) This Part is without prejudice to that Chapter or Chapter 5 of that Part³⁰ (early leavers: cash transfer sums and contribution refunds).

• (3) Accordingly—

• (a) a member to whom Chapter 4 of that Part applies (see section 93(1)(a) of that Act) is entitled to require the payment of a transfer value in respect of the rights to benefit that have accrued to or in respect of him under the Scheme, and

• (b) a member to whom Chapter 5 of that Part applies (see section 101AA(1) of that Act) is entitled to a cash transfer sum or a contribution refund in accordance with that Chapter.

• (4) Subject to the provisions of this Part, any other former active member, other than a pensioner member, is entitled to require such a payment as if rights under Chapter 4 of Part 4 of the Pension Schemes Act 1993 had accrued to or in respect of him by reference to the reckonable service he is entitled to count under the Scheme (and references in this Part to his accrued rights or benefits are to be read accordingly).

• (5) Paragraph (4) does not apply if the former member is entitled under rule C.7 to repayment of the contributions he has paid during the period of service ending with his ceasing to be an active member or acquires a right to a contribution refund under Chapter 5 of Part 4 of the Pension Schemes Act 1993.

• (6) Paragraphs (3) and (4) do not apply to rights that are directly attributable to a pension credit.

• (7) For the application of paragraph (4) in the case of certain Gurkha Pension Scheme transferees, see rule L.7(4).

Applications for statements of entitlement

F.2

• (1) A member who requires a transfer value payment to be made must apply in writing to the Scheme administrator for a statement of the amount of the cash equivalent of the member’s accrued benefits under the Scheme at the guarantee date (“a statement of entitlement”).

• (2) In these Rules, “the guarantee date” means any date that—

• (a) falls within the required period,

• (b) is chosen by the Scheme administrator,

• (c) is specified in the statement of entitlement, and

• (d) is within the period of 10 days ending with the date on which the member is provided with the statement of entitlement.

Applications for transfer value payments

F.3

• (1) A member who has applied for and received a statement of entitlement under rule F.2 may apply in writing to the Scheme administrator for a transfer value payment to be made.

• (2) On making such an application a member becomes entitled to a payment of an amount equal, or amounts equal in aggregate, to the amount specified in the statement of entitlement (or such other amount as may be payable by virtue of paragraph (10)).

Ways in which transfer value payments may be applied

F.4

• (1) A member may only require the Secretary of State to apply the guaranteed cash equivalent transfer value payment in one or more of the ways permitted under section 95 of the Pension Schemes Act 1993 (whether or not he is entitled to a guaranteed cash equivalent transfer value payment under that Act).

• (2) The whole of the guaranteed cash equivalent transfer value payment must be applied, unless paragraph (3) applies.

• (3) The benefits attributable to—

• (a) the member’s accrued rights to a guaranteed minimum pension, or

• (b) the member’s accrued rights attributable to service in contracted-out employment on or after 6th April 1997,

may be excluded from the guaranteed cash equivalent transfer value payment if section 96(2) of the Pension Schemes Act 1993 applies (trustees or managers of certain receiving schemes or arrangements able and willing to accept a transfer payment only in respect of the member’s other rights).

Calculating amounts of transfer value payments

F.5

• (1) The amount of the guaranteed cash equivalent transfer value payment is to be calculated in accordance with guidance and tables provided by the Scheme actuary to the Secretary of State for use at the guarantee date.

Effect of transfers-out

F.6

Where a transfer value payment is made under this Part in respect of a person’s rights under the Scheme, those rights are extinguished.

Transfers In

Right to apply for acceptance of transfer value payment from another scheme

F.7

• (1) Subject to the provisions of this Part, an active member may apply for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of him under any scheme or arrangement to which a transfer value payment may be made under Chapter 4 of Part 4 of the Pension Schemes Act 1993 (transfer values) to be accepted by the Scheme.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Paragraph (1) does not apply to rights that are directly attributable to a pension credit.

• (4) Paragraph (1) only applies in the case of a transfer from the Armed Forces Additional Voluntary Contributions Scheme if the Secretary of State considers that the amount to which the member is entitled under that Scheme is insufficient for the purchase of an annuity for the member.

• (5) Paragraph (1) does not apply if the member is on unpaid leave that does not count as reckonable service.

Procedure for applications under rule F.7

F.8

• (1) An application under rule F.7—

• (a) must be made in writing,

• (b) must specify the scheme or arrangement from which the transfer value payment is to be made and the anticipated amount of the payment, and

• (c) must be made before the beginning of the period of one year ending with the date on which the member reaches pension ... age.

Acceptance of transfer value payments

F.9

• (1) Where an application is duly made by a member under rule F.7, the Scheme administrator may accept the transfer value payment if such conditions as the Secretary of State may require are met, unless paragraph (4) applies.

• (2) If the Scheme administrator accepts the payment, the member is entitled to count the appropriate period of reckonable service for the purposes of the Scheme.

• (3) In paragraph (2) “the appropriate period” means the period calculated in accordance with rule F.10.

• (4) The Scheme administrator may not accept a transfer value payment if—

• (a) it would be applied in whole or in part in respect of the member’s or the member’s spouse’s entitlement to a guaranteed minimum pension, and

• (b) it is less than the amount required for that purpose, as calculated in accordance with guidance and tables prepared by the Scheme actuary for the purposes of this paragraph.

• (5) Paragraph (4) does not apply if the payment is made under the public sector transfer arrangements.

Calculation of transferred-in reckonable service

F.10

• (1) The period of reckonable service that a member is entitled to count under rule F.9(2) is calculated as at the date on which the transfer payment is received by the Scheme and in accordance with guidance and tables provided by the Scheme actuary for the purpose.

Miscellaneous Provisions

Public sector transfer arrangements

F.11

This Part applies in the case of a transfer to which the public sector transfer arrangements apply as it applies in other cases, except to the extent that—

• (a) any provision in this Part provides otherwise, or

• (b) the arrangements themselves make different provision.

PART G — RE-EMPLOYMENT

Preliminary

Application of Part G

G.1

• (1) This Part applies to persons who—

• (a) have been active members of the AFPS 1975 or the Scheme,

• (b) have ceased to be in service by virtue of which they are eligible to belong to the Scheme, and

• (c) begin to be in such service again on or after 6th April 2005.

• (2) But paragraph (1) does not apply where rule A.10(1) (disregard of short breaks in service) applies.

• (3) In these Rules an active member of the Scheme to whom this Part applies is referred to as a “a re-employed active member”.

• (4) In this Part, in relation to any re-employed active member—

• (a) the service referred to in paragraph (1)(b) is referred to as “the earlier service”, and

• (b) the service referred to in paragraph (1)(c) is referred to as “the current service”.

• (5) Certain rules in this Part also apply to members who opted to cease to be active members and then became such members again (see rule G.6: application of rule G.3 to members who opted to leave the Scheme).

Treatment of Separate Periods of Service: Options to Aggregate

General rule: periods of service treated separately

G.2

• (1) The general rule is that—

• (a) the reckonable service and qualifying service that a re-employed active member was entitled to count immediately before becoming an active member in the current service are disregarded in determining rights in respect of his current service, and

• (b) the reckonable service and qualifying service that a re-employed active member is entitled to count as a result of his membership in the current service are disregarded in determining rights in respect of his earlier service.

• (2) That general rule is subject to the following provisions of this Part (and see also rule A.10: disregard of short breaks in service).

Option to aggregate earlier membership: previous members of the Scheme

G.3

• (1) This rule applies in the case of a re-employed active member who immediately before becoming an active member in the current service was entitled under these Rules to count reckonable service and qualifying service.

• (2) The member may opt for that service—

• (a) to be aggregated with the reckonable service and qualifying service that he is entitled to count as a result of his membership of the Scheme in the current service for the purpose of determining rights under the Scheme in respect of that membership, and

• (b) to be disregarded for all other purposes of the Scheme.

Option to aggregate earlier membership: previous members of the AFPS 1975

G.4

• (1) This rule applies in the case of a re-employed active member to whom rule G.3 does not apply who was awarded a preserved pension and lump sum under the AFPS 1975 in respect of qualifying and reckonable service ....

• (1A) This rule also applies in the case of a member to whom rule G.3 does not apply who was awarded a preserved pension and lump sum under the AFPS 1975 in respect of qualifying and reckonable service, and who left service on or after 1st January 2012 and before 16th December 2013 without having exercised an option under this rule.

• (2) The member may opt for the qualifying and reckonable service in respect of which the member was awarded the preserved pension—

• (a) to be aggregated with the reckonable service and qualifying service that he is entitled to count as a result of his membership of the Scheme in the current service for the purpose of determining rights under the Scheme in respect of that membership, and

• (b) to be disregarded for all other purposes.

Procedure for exercising options under rules G.3 and G.4

G.5

• (1) An option under rule G.3(2) may only be exercised before the end of the current service , subject to paragraph (3).

• (2) An option under rule G.3(2) or rule G.4(2) may only be exercised by notice in writing to the Scheme administrator in such form as the Secretary of State requires.

• (3) Where—

• (a) the member has remediable service, and

• (b) the period of service of which the remediable service formed part ended before an immediate choice decision or a deferred choice decision within the meaning of Schedule 3 had been made in relation to the remediable service,

the option under rule G.3(2) or G.4(2) may be exercised when the immediate choice decision or a deferred choice decision is made, whether or not the member is an active member at the time the relevant decision is made.

Application of rule G.3 to members who opted to leave Scheme

G.6

• (1) Rule G.3 applies to a member who, having been an active member of the Scheme, opted to cease to be such a member whilst continuing to be in service by virtue of which he is eligible to belong to the Scheme as it applies to a member who ceases to be in such service.

• (2) In relation to such a person this Part applies as if the member—

• (a) had ceased to be in such service when he ceased to be an active member by virtue of the option, and

• (b) had begun to be in such service again at the time when he becomes an active member again;

and references to a re-employed active member, the earlier service and the current service are to be read accordingly.

• (3) This rule applies subject to rule A.10(2) (disregard of short breaks in service).

Re-employment after ill-health awards

G.7

• (1) This rule applies if—

• (a) a re-employed active member has received benefits under rule D.5 or D.6, and

• (b) the enhancement period exceeds the period beginning with the day on which his early retirement began (“the first retirement day”) and ending with the day before his current service began.

• (2) In this rule “the enhancement period” means—

• (a) in the case of a member who has received a pension under rule D.5, the amount by which N years exceeds the reckonable service he was entitled to count when he became entitled to the pension under that rule, where N has the meaning given in rule D.5(5), and

• (b) in the case of a member who has received a pension under rule D.6, one-third of the further reckonable service referred to in rule D.6(3).

• (3) The re-employed member’s current service counts as reckonable service for the purposes of the Scheme only in so far as it is service after the time when the period since the beginning of the first retirement day equals the enhancement period.

PART H — ABATEMENT

Application of Part H

H.1

• (1) This Part applies where a person who is a pensioner member or a deferred member of the Scheme (whether or not they are also a pensioner member of the AFPS 2015)—

• (a) is re-engaged in service by virtue of which he is eligible to belong to the Scheme, or

• (b) is re-engaged in service by virtue of which he is eligible for membership of the Reserve Forces Pension Scheme or

• (c) is re-engaged in service by virtue of which the person is eligible for membership of the AFPS 2015,

(whether or not he is an active member in that service).

• (2) In this Part—

• (a) a person to whom this Part applies is referred to as a “re-employed pensioner”,

• (b) the service that has terminated and in respect of which the pension is or will be payable and the service that he enters on re-employment are referred to respectively as the “old service” and “new service”, ...

• (c) the pension to which he is or will become entitled in respect of the old service is referred to as the “old service pension” and

• (d) where sub-paragraph (1)(c) applies, the “old service pension” includes any AFPS 2015 pension.

• (3) This Part is subject to paragraph 61 of Schedule 3 (remediable service).

Abatement of pensions on re-employment: general rules

H.2

• (1) If—

• (a) the annual rate of the basic pay payable to the re-employed pensioner as at the last day of his old service (“the old rate”), exceeds the amount of the annual rate of the basic pay payable to him at the time he enters the new service (“the new rate”), and

• (b) the annual rate of the old service pension to which he is entitled at the time of entering the new service or, if he is a deferred member, at the time when he becomes entitled to payment of the pension, is greater than the amount of that excess,

the annual rate of the old service pension as at that time is reduced by such amount (“the reduction amount”) as is necessary so that it is equal to the amount of that excess as at that time.

• (1A) For the purposes of paragraph (1), where the re-employed pensioner was serving on flexible terms on the last day of the re-employed pensioner’s old service, the old rate is calculated as though the re-employed pensioner had not been serving on flexible terms on that day.

• (2) If the new rate equals or exceeds the old rate, the re-employed pensioner is not entitled to payment of the old service pension during the new service.

• (3) Where paragraph (1) applies, the annual rate of the old service pension continues to be reduced during the new service by the reduction amount regardless of any increase in the annual rate of the old service pension made after the time when the member is re-employed, or, if he is a deferred member, after the time he becomes entitled to payment of the pension.

• (4) In the case of a re-employed pensioner who exercises the option under rule D.10 (option to exchange lump sum for pension) in relation to the old service pension, any increase of the pension as a result of the exercise of the option is disregarded for the purposes of this Part.

Abatement of pensions: effect of changes after re-employment

H.3

• (1) This rule applies each time one of the following events (“the re-employment event”) occurs after the re-employed pensioner enters the new service—

• (a) the re-employed pensioner is re-employed in another post;

• (b) the post in which the re-employed pensioner has been re-employed is regraded;

• (c) the re-employed pensioner commences a period of service on flexible terms, including where the re-employed pensioner resumes a period of such service following a period in which that service was suspended; or

• (d) the re-employed pensioner’s period of flexible service is varied, suspended for more than 30 consecutive days or terminated.

• (2) Rule H.2 applies from the time of the re-employment event as if the re-employed pensioner were entering the new service at that time, and the service before that time is disregarded.

Special rule about annual rate of pay in old service in cases of entitlement to two or more pensions

H.4

• (1) This rule applies where the re-employed pensioner is entitled, or apart from this Part would be entitled, to the payment of two or more pensions in respect of old service, (including cases where, in addition to being entitled to one or more pensions under the Scheme, the re-employed pensioner is entitled to one or more pensions under the AFPS 1975).

• (2) If two or more of the pensions relate to service that ended before the re-employed pensioner’s pension age, in the application of rules H.2 and H.3 to each of those pensions the annual rate of the basic pay payable to the re-employed pensioner at the time he left his old service is taken to be whichever of those annual rates is the greater or greatest.

Adjustment of basic pay in old service

H.5

• (1) If the re-employed pensioner’s new service does not begin immediately after the old service ceases, for the purposes of this Part the annual rate of the basic pay payable to the re-employed pensioner at the time he left his old service is taken to be the adjusted annual rate.

• (2) In paragraph (1) “the adjusted annual rate” means the actual annual rate of the basic pay so payable, increased by the same amount, if any, as a pension would have been increased under the Pensions (Increase) Act 1971 by the day on which the new service began if—

• (a) it came into payment on the day after the old service ceased, and

• (b) it was payable at an annual rate equal to that actual annual rate,

• (c) it was eligible to be increased under that Act.

• (3) For the purposes of this rule, where the re-employed pensioner was serving on flexible terms on the last day of the re-employed pensioner’s old service, the annual rate of the basic pay payable to the re-employed pensioner is calculated as though the re-employed pensioner had not been serving on flexible terms on that day.

General disregard of effect of abatement

H.6

In Part E of these Rules references to the amount of the pension payable to a person are to be taken as references to the amount so payable apart from any reduction falling to be made under this Part.

PART J — MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Claims for and Payment of Benefits

Claims for and payment of benefits

J.1

• (1) Notwithstanding any rule of this Scheme according to which any benefit becomes payable at any specified time, no benefit becomes payable under the Scheme unless the person to whom it would be payable has declared—

• (a) that he is entitled to it, or

• (b) in the case of a benefit under rule E.8, that the person on whose behalf it is payable to him is so entitled.

• (2) If a declaration under paragraph (1) in respect of a pension is made after such a specified time, the person is only entitled to payment of the pension in respect of the period beginning with that time and ending with the date on which he makes the declaration if—

• (a) in a case where that period does not exceed one year, the Scheme administrator consents, and

• (b) in a case where that period exceeds one year, the Secretary of State consents.

• (3) A declaration under paragraph (1) must be made in writing in such form as the Secretary of State requires and submitted to the Scheme administrator.

• (4) Pensions payable under the Scheme are payable by monthly instalments in arrears.

• (5) If—

• (a) according to any rule of the Scheme a benefit becomes payable at a specified time, but

• (b) as a result of paragraph (1) it becomes payable at a later time, being a time more than one month after that specified time,

the person to whom it is payable is entitled to interest on the amount that becomes so payable.

• (6) The interest is payable in respect of the period beginning with the specified time and ending with that later time, at the sterling 3 month London interbank offered rate, with yearly rests.

• (7) This rule is disregarded in determining for the purposes of any other provision of these Rules whether a person is entitled to a pension at any time or whether a pension becomes payable immediately.

False statements etc. about ill-health

J.2

• (1) This rule applies where—

• (a) a pension under D.5, D.6 or D.7 has been awarded to a member, and

• (b) subsequently it appears to the Secretary of State that the member made a false declaration about his health or deliberately suppressed a material fact that was relevant to the award.

• (2) The Secretary of State may—

• (a) cease paying the pension,

• (b) withhold the whole or part of the pension, or

• (c) recover any payment made under the award.

Non-assignability

J.3

• (1) Every benefit to which a person is entitled under the Scheme is payable to or for his benefit.

Pension Credit Members with two or more Pension Credits

Pension credit members with two or more entitlements

J.4

• (1) If a pension credit member is entitled to two or more pension credits—

• (a) benefits are payable to or in respect of the member under the Scheme as if he were two or more pension credit members, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of the one pension credit member), and

• (b) the amounts of those benefits are determined accordingly.

• (2) If a pension credit member is also an active member, a deferred member or a pensioner member—

• (a) benefits are payable to or in respect of the member under the Scheme as if he were two or more members (so that two or more pensions are payable to or in respect of the one member), and

• (b) the amounts of those benefits are determined accordingly.

Forfeiture

Forfeiture of benefits

J.5

• (1) The Secretary of State may withhold benefits payable under the Scheme in respect of a member to whom paragraph (1) of rule J.6 applies to such extent as the Secretary of State considers appropriate.

Events enabling forfeiture

J.6

• (1) This paragraph applies to a member who is an active member, a deferred member or a pensioner member if he—

• (a) is convicted of treason or of one or more offences under the Official Secrets Acts 1911 to 1989 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the member has been sentenced on the same occasion—

• (i) to a term of imprisonment of at least 10 years, or

• (ii) to two or more consecutive terms amounting in the aggregate to at least 10 years,

• (b) is convicted of an offence in connection with the service that qualifies the member to belong to the Scheme which the Secretary of State considers to have been gravely injurious to the defence, security or other interests of the State, or

• (c) has after becoming a member of the Scheme incurred a monetary obligation to the Crown which—

• (i) arises out of a criminal, negligent or fraudulent act or omission by the member, and

• (ii) arises out of or in connection with his service in the armed forces.

• (2) This paragraph applies to a person who is convicted of the murder or manslaughter of the member or any other offence which involves the unlawful killing of the member.

• (3) In paragraph (2) “unlawful killing” includes unlawfully aiding, abetting, counselling or procuring the death.

Procedure, references etc

J.7

• (1) If the Secretary of State proposes to withhold a person’s benefits under rule J.5, he must notify the person in writing that he proposes to do so.

• (2) Such a notification must give the person information about rights under—

• (a) the arrangements established by the Secretary of State for the resolution of disputes relating to the Scheme that are in force at the time the notification is given, and

• (b) Part 10 of the Pension Schemes Act 1993³⁴ (investigations: the Pensions Ombudsman), in respect of any decision made under rule J.5.

• (3) If the Secretary of State withholds benefits under rule J.5 in a case where rule J.6(1)(c) (monetary obligations) applies, the member must be given a certificate showing any amount withheld and the effect of its being withheld on his benefits under the Scheme.

• (4) The Secretary of State—

• (a) may refer the question whether benefits of a person to whom rule J.6(2) applies should be withheld to the Social Security Commissioner, and

• (b) must refer that question if the person to whom that rule applies or an eligible child of the member requests him to do so.

Commutation of Small Pensions

Commutation of small pensions

J.8

• (1) Where the annual rate of any of the pensions specified in paragraph (2) does not exceed the small pensions commutation maximum, the Scheme administrator may pay the person entitled to the pension a lump sum of such an amount as the Scheme actuary advises represents the capital value of the pension if—

• (a) that person consents, and

• (b) in a case where that person is a member and the pension is one which may not be less than his guaranteed minimum, he has reached state pension age.

• (2) The pensions are—

• (a) a pension to which a member is entitled under Part D,

• (b) a pension payable to any person under Part E (death benefits) in respect of a particular member.

• (3) If—

• (a) a member is entitled to more than one pension in respect of the service by virtue of which he is eligible for membership of the Scheme, or

• (b) a person is entitled to more than one pension in respect of the same member and the same service of the member, or

• (c) a pension credit member is entitled—

• (i) to more than one pension under rule D.3, or

• (ii) to one or more pensions within sub-paragraph (a) in addition to one or more pensions under rule D.3,

those pensions may only be commuted under this rule if they do not in aggregate exceed the amount that is permitted to be commuted under all the commutation requirements that apply in the circumstances in question.

• (4) The payment of a lump sum under this rule in respect of a pension discharges all liabilities under these Rules in respect of that pension.

• (5) In this rule—

• “the small pensions commutation maximum” means the amount that is permitted to be commuted, having regard to all the commutation requirements that apply in the circumstances in question, and

• “the commutation requirements” means requirements permitting the commutation of small pensions that are imposed—by regulation 19, 20 or 60 of the Occupational Pension Schemes (Contracting-out) Regulations 1996³⁵,by regulation 2 of the Occupational Pension Scheme (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997³⁶,by regulation 3(2)(b) of the Pension Sharing (Pension Credit Benefit) Regulations 2000³⁷, orby paragraph 7 of Schedule 29 to the Finance Act 2004³⁸ (which defines trivial commutation lump sums for the purposes of Part 1 of that Schedule).

Determination of Questions

Determination of questions

J.9

• (1) Except as otherwise provided by these Rules, any question arising under the Scheme is to be determined by the Secretary of State.

• (2) But in determining any such question the Secretary of State may consult with such persons as he considers appropriate to advise him about the question and, in particular, in forming an opinion about any question relating to the health of any person for the purposes of Part D, he may consult the Scheme medical adviser.

Information, Evidence, Suspension etc.

Information and evidence

J.10

• (1) The Secretary of State may require any person who is receiving a pension under the Scheme to provide him with evidence to establish—

• (a) the person’s identity, and

• (b) his continuing entitlement to payment of any amount.

• (2) If such evidence is not provided, the Secretary of State may withhold the whole or any part of any benefits payable under the Scheme in respect of the person.

PART K — AFPS 1975 TRANSFEREES

Preliminary

Application of Part K: meaning of “AFPS 1975 transferee”

K.1

• (1) This Part makes provision in relation to persons who—

• (a) are active members of the AFPS 1975 immediately before 6th April 2005, and

• (b) opt to become members of the Scheme on the basis set out in this Part.

• (2) In these Rules a member of the Scheme to whom this Part applies is referred to as an “AFPS 1975 transferee”.

• (3) If an AFPS 1975 transferee becomes a re-employed active member, this Part does not apply in relation to his service after he does so unless the break in service immediately before such re-employment does not exceed six months.

Options for AFPS 1975 members to join the Scheme under Part K

K.2

• (1) A person who—

• (a) would be eligible to join the Scheme by virtue of his service if he met the condition in rule B.1(b)(i) (which requires that the person’s service begins on or after 6th April 2005), and

• (b) immediately before that date was an active member of the AFPS 1975 by virtue of that service,

may opt to join the Scheme under the terms of this Part, unless he has been re-employed in the service by virtue of which he is eligible to belong to the Scheme on or after reaching pension age.

• (2) The option may only be exercised by giving notice in writing to the Scheme administrator in such form as the Secretary of State requires on or before 31st March 2006 or such later date as the Secretary of State may determine is appropriate in the case of any particular member.

• (3) For this purpose the notice is treated as having been given on the date on which it is received by the Scheme administrator.

• (4) The option has effect on 6th April 2006 and is irrevocable unless paragraph (5) applies.

• (5) This paragraph applies if the Secretary of State gives notice in writing to the person stating that the person may revoke his option by giving notice in writing that he wishes to do so to the Secretary of State before the expiry of the period of 3 months beginning with the date on which the notice is given by the Secretary of State.

• (6) Where a person revokes his option in accordance with paragraph (5), these Rules apply as if he had never opted to join the Scheme.

Transfer of Service from the AFPS 1975

Service credited from the AFPS 1975

K.3

• (1) On becoming an AFPS 1975 transferee, a member becomes entitled to count under the Scheme—

• (a) a period of qualifying service equal in length to the period of qualifying service which the member was entitled to count under the AFPS 1975 (but not exceeding 35 years), and

• (b) a period of reckonable service equal in length to the period of reckonable service which the member was entitled to count under the AFPS 1975 (but not exceeding 35 years).

Treatment of added years: contributions paid before 6th April 2006

K.4

For the purposes of rule K.3, the reckonable service of a member who—

• (a) has bought added years of pension credit under the AFPS 1975, or

• (b) is buying them under a contract which is in force on 5th April 2006,

is calculated as if he were leaving the AFPS 1975 on that date.

Treatment of preserved awards

K.5

• (1) This rule applies where a member who is an AFPS 1975 transferee—

• (a) has been awarded a preserved pension and lump sum under the terms of the AFPS 1975 in respect of service which ended before the beginning of the service which is current on 5th April 2006, and

• (b) neither the pension nor the lump sum has been brought into payment by that date.

Transfers in: transitional provision

K.6

• (1) This rule applies where—

• (a) a member applied in writing for the AFPS 1975 to accept a transfer value payment in respect of him,

• (b) the member is an AFPS 1975 transferee, and

• (c) the transfer value payment is received on or after 6th April 2006.

• (2) Part F applies as if the member had applied under rule F.7 for the Scheme to accept the payment.

Pension debit members

K.7

• (1) This rule applies where—

• (a) on becoming a member of the Scheme an AFPS 1975 transferee is a pension debit member, and

• (b) in the opinion of the Scheme administrator it is necessary for the purpose of giving effect to the pension sharing order to which the member’s rights are subject for some or all of the benefits to which the pension member is entitled under the Scheme to be taken in a different form from that in which he would otherwise be entitled to take them.

• (2) The Scheme administrator may, after taking advice from the Scheme actuary, make such modifications to the member’s rights as to the form of those benefits as he considers necessary for that purpose.

Disapplication of rule E.6

K.8

Rule E.6 (reduction in pensions under rules E.1 and E.2 in cases of wide age disparity) does not apply to a pension payable under rule E.1 in the case of a member who was an AFPS 1975 transferee if the member had been the spouse or civil partner of the person to whom the pension is payable continuously since before 6th April 2006 until the member’s death.

Editorial notes