Legalize / United Kingdom / Statutory-Instrument

The Armed Forces Pension Scheme Order 2005

Type Statutory-Instrument

Publication 2005-03-08

Last updated 2025-03-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 5

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“club transfer value” in relation to an amount of accrued earned pension under the AFPS 2015, the AFPS 2005 or under another club scheme, means an amount calculated by the manager of the AFPS 2015—in accordance with the club transfer arrangements; andby reference to the guidance and tables provided by the Government Actuary for this purpose that are in use on the date used for the calculation;

“connected scheme” means another statutory pension scheme that is connected with the AFPS 2005 within the meaning of section 4(6) of the 2013 Act;

“flexible service” has the meaning given in rule A.1(4) of Schedule 1;

“full protection member” has the meaning given in Part 2;

“part-time service” has the meaning given in rule A.1(4) of Schedule 1;

“pensionable public service” means pensionable service under an existing scheme or a public body pension scheme;

“protection period” has the meaning given in paragraph 10;

“restricted separation service” has the meaning given in rule A.1(4) of Schedule 1;

“scheme employment” has the meaning given in regulation 13 of the AFP Regulations 2014;

“service reduction percentage” has the meaning given in rule A.2A of Schedule 1;

“transition date” in relation to a transition member means—where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;in any other case, 1st April 2015;

“transition member” means a person—who is a member of AFPS 2005 by virtue of their pensionable service under the AFPS 2005 before the transition date; andwho is also a member of the AFPS 2015 by virtue of their pensionable service under that scheme;

“the 2013 Act” means the Public Service Pensions Act 2013;

“transfer payment” means payment of a transfer value; and

“transfer value” has the meaning given in Part 8 of the AFP Regulations 2014.

Meaning of “continuity of service”

2

(1) For the purposes of this Schedule, a transition member (T) has continuity of service between pensionable service in the AFPS 2005 and pensionable service in the AFPS 2015 (“continuity of service”) unless T has a gap in service exceeding 5 years which—

(a) begins on or before T’s transition date; and

(b) ends on the day on which T becomes an active member of the AFPS 2015.

(2) For the purpose of sub-paragraph (1), during the period starting with 1st April 2015, T is not on a gap in service while T is in service which is pensionable under an existing scheme, a public body pension scheme or a scheme under section 1 of the 2013 Act.

Commencement of active membership of the AFPS 2015 for a transition member

3

(1) A person who is a transition member on entering pensionable service under the AFPS 2015 who does not have continuity of service becomes an active member of the AFPS 2015 on the day the person begins pensionable service in a scheme employment.

(2) A person who is a transition member on entering pensionable service under the AFPS 2015 who has continuity of service (T) becomes an active member of the AFPS 2015—

(a) if T is in pensionable service in a scheme employment on their transition date, on that date; or

(b) if T is not in pensionable service in a scheme employment on their transition date, on the date T enters pensionable service in a scheme employment after that date.

PART 2 — Exception to section 18(1) of the 2013 Act: full protection members of the AFPS 2005

Meaning of “conditional full protection member of the AFPS 2005”

4

(1) For the purpose of this Part a person (P) is a conditional full protection member of the AFPS 2005 on a given date if on that date—

(a) P is in service in respect of which P is eligible to be a member of the AFPS 2005; or

(b) P is on a gap in service not exceeding 5 years.

(2) For the purpose of sub-paragraph (1), after 31st March 2015 P is not on a gap in service while P is in pensionable public service.

Meaning of “conditional full protection member of an existing scheme”

5

(1) For the purpose of this Part a person (P) is a conditional full protection member of an existing scheme on a given date if on that date—

(a) P is in pensionable service under that scheme;

(b) P is in service in respect of which P is eligible to be a member of an armed forces or reserve forces pension scheme; or

(2) For the purpose of sub-paragraph (1), after the closing date for the existing scheme, P is not on a gap in service while P is in pensionable public service.

(3) In sub-paragraph (2), the closing date for the existing scheme means the date referred to in section 18(4)(a) or (b) of the 2013 Act as applicable.

Meaning of “conditional full protection member of a public body pension scheme”

6

(1) For the purpose of this Part a person (P) is a conditional full protection member of a public body pension scheme on a given date if on that date —

(a) P is in pensionable service under that scheme; or

(b) P is on a gap in service not exceeding 5 years.

(2) For the purpose of sub-paragraph (1), after the closing date for the public body pension scheme, P is not on a gap in service while P is in pensionable public service.

(3) In sub-paragraph (2), the closing date for the public body pension scheme means the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme.

Full protection members of the AFPS 2005

7

(1) A person (P) to whom either of paragraphs 8 or 9 applies is a full protection member of the AFPS 2005.

(2) P ceases to be a full protection member of the AFPS 2005 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme unless sub-paragraph (3) or (4) applies; or

(b) 31st March 2022.

(3) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the AFPS 2005 from service which is pensionable under an existing scheme or a public body pension scheme; and

(b) P would have been a fully protected member of that existing scheme or public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the AFPS 2005.

(4) This sub-paragraph applies if—

(a) P returns to service which is pensionable under the AFPS 2005 otherwise than from service which is pensionable under an existing scheme or a public body pension scheme; and

(b) P returns to service which is pensionable under the AFPS 2005 after a gap in service not exceeding 5 years.

(5) In this paragraph—

“exception means”—in relation to an existing scheme, an exception under section 18(5) of the 2013 Act provided for in the scheme regulations for that scheme; andin relation to a public body pension scheme, an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme; and

“fully protected member” of an existing scheme or a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act (or that section as applied by section 31(4) applies) for the purposes of that scheme.

(6) For the purpose of paragraph (4)(b), after 31st March 2015 P is not on a gap in service while P is in service which is pensionable under an existing scheme or a public body pension scheme.

Members of the AFPS 2005 on 31st March 2015

8

(1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies—

(2) This sub-paragraph applies if—

(a) P was a conditional full protection member of the AFPS 2005 on 31st March 2015 and on 31st March 2012; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This sub-paragraph applies if—

(a) P was a conditional full protection member of an existing scheme or a public body pension scheme on 31st March 2012;

(b) P was a conditional full protection member of the AFPS 05 on 31st March 2015; ...

Members of an existing scheme or a public body pension scheme

9

(1) This paragraph applies if—

(a) P was a conditional full protection member of a public body pension scheme or an existing scheme other than the AFPS 2005 on the closing date for that scheme;

(b) P was a conditional full protection member of a public body pension scheme or an existing scheme (“P’s transitional scheme”) on 31st March 2012;

(c) P begins service which is pensionable under the AFPS 2005 not more than 5 years after leaving pensionable service under an existing scheme or a public body pension scheme; and

(d) sub-paragraph (1A) applies or P would have been—

(i) a full protection member of the existing scheme referred to in paragraph (c) had P re-entered pensionable service under that scheme on the date P begins service which is pensionable under the AFPS 2005; or

(ii) a fully protected member of the public body pension scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is pensionable under the AFPS 2005; ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) This sub-paragraph applies if—

(a) P was a full protection member of the existing scheme referred to in sub-paragraph (1)(c);

(b) P had ceased to be a full protection member of that scheme after leaving pensionable service under it; and

(2) For the purposes of this paragraph—

(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the 2013 Act, as applicable;

(b) the closing date for a public body pension scheme is the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme;

(c) “exception”, in relation to a public body pension scheme, means an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme; and

(d) “fully protected member” of a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act, as applied by section 31(4), applies for the purposes of that scheme.

Exception for full protection member during protection period

10

(1) The protection period for a person (P) who is a full protection member of the AFPS 2005 is the period which—

(a) begins on 1st April 2015; and

(b) ends when P ceases to be a full protection member of the AFPS 2005.

(2) During the protection period—

(a) P is eligible to be in pensionable service under the AFPS 2005;

(b) section 18(1) of the 2013 Act does not apply in respect of that pensionable service; and

Full protection member not eligible to join the AFPS 2015

11

While a person (P) is a full protection member of the AFPS 2005, P is not eligible to be an active member of the AFPS 2015.

PART 3 — Payment of ill-health benefits to transition members with continuity of service

This Part not to apply to previous periods of service

12

If a transition member has a period of earlier service within the meaning of rule G.1 (application of Part G) of the AFPS 2005, this Part does not apply to that earlier service except where the member exercises an option under rule G.3 (option to aggregate earlier membership: previous members of the Scheme) or rule G.4 (option to aggregate earlier membership: previous members of the AFPS 1975) to aggregate their earlier service with their current service.

Transition members not to receive early ill-heath benefits except in accordance with this Part

13

A transition member with continuity of service is not to receive early benefits on ill-health retirement except as provided by this Part.

Active transition member with permanent serious ill-health who leaves service before reaching age 55

14

(1) This paragraph applies in relation to a transition member with continuity of service (T) who—

(a) meets the criteria for an ill-health pension (active member with permanent serious ill-health) under regulation 51 of the AFP Regulations 2014; and

(b) leaves service before reaching age 55 and has not reached age 55.

(2) If this paragraph applies—

(a) early benefits on permanent serious ill-health are not payable under the AFPS 2005; and

(b) ill-health benefits (active member with permanent serious ill-health) are payable under the AFPS 2015 in accordance with this paragraph.

(3) The ill-health benefits payable under paragraph (2)(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.

(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with rule D.5 (early payment of benefits: active members with permanent serious ill-health) of the AFPS 2005 but when calculating the rate of annual pension, the following is substituted for rule D.5(5)—

(5) (a) For the purposes of paragraph (4), N is equal to the sum of— (i) the member’s years of reckonable service in the AFPS 2005; and (ii) X multiplied by Y. (b) In this paragraph, X is equal to the member’s years of reckonable service in the AFPS 2005 divided by the total of the member’s years of reckonable service in the AFPS 2005 and pensionable service in the AFPS 2015. (c) In this paragraph, Y is the greater of— (i) half of the further reckonable service which the member would have been able to count under the AFPS 2005 if the member had remained an accruing member of that scheme from the date of the ill-health retirement until age 55; and (ii) 20, minus the total of the member’s years of reckonable service in the AFPS 2005 and years of pensionable service in the AFPS 2015. (d) For the purposes of calculating the member’s pensionable service in the AFPS 2015 under this rule, any period of pensionable service which is also a period when the member has served on flexible terms is reduced by the service reduction percentage applicable to that period of service.

(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension, the following is substituted for regulation 54(2)(b) of the AFP Regulations 2014—

(b) B is the sum of— (i) the member’s pensionable service under the Scheme; and (ii) X multiplied by N. (c) In this paragraph, X is equal to the member’s years of pensionable service in the AFPS 2015 divided by the total of the member’s years of reckonable service in the AFPS 2005 and pensionable service in the AFPS 2015. (d) In this paragraph, N is the greater of— (i) half of the further pensionable service which the member would have been able to count under the AFPS 2015 if the member had remained an accruing member of that scheme from the date of the ill-health retirement until age 60; and (ii) the lesser of— (aa) 25 minus the total of the member’s years of reckonable service in the AFPS 2005 and pensionable service in the AFPS 2015; and (bb) the further pensionable service which the member would have been able to count under the AFPS 2015 if the member had remained an accruing member of that scheme from the date of the ill-health retirement until age 60. (e) For the purposes of calculating the member’s pensionable service in the AFPS 2015 under sub-paragraphs (b)(i), (c) and (d)(ii)(aa), any period of pensionable service which is also a period when the member has served on flexible terms is reduced by the service reduction percentage applicable to that period of service.

Transition member with permanent serious ill-health who reaches age 55

15

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving an ill-health pension (active members with permanent serious ill-health) in accordance with paragraph 14.

(2) On the day T reaches age 55—

(a) of the benefits that were payable under paragraph 14(2)(b), the AFPS 2005 basic earned benefits cease to be payable under paragraph 14(2)(b) and instead become payable under the AFPS 2005; and

(b) of the benefits that were payable under paragraph 14(2)(b), the AFPS 2005 permanent serious ill-health enhancement benefits continue to be payable under paragraph 14(2)(b).

(3) For the purpose of this paragraph, subject to sub-paragraphs (4) and (5)—

(a) the “AFPS 2005 basic earned benefits” means the amount arrived at by multiplying one seventieth of T’s final pensionable earnings by T’s reckonable service in the AFPS 2005 expressed as number of years; and

(b) the “AFPS 2005 permanent serious ill-health enhancement benefits” means the benefits payable at paragraph 14(4) in respect of service before T’s transition date minus the AFPS 2005 basic earned benefits.

(4) If T—

(a) has had their benefits reduced in accordance with rule D.12 (reduction in pension debit member’s benefits) of the AFPS 2005, that reduction is to be applied to the amount at paragraph (3)(a);

(b) has exercised an option under rule D.10 (option to exchange lump sum for pension) of the AFPS 2005, the amount at paragraph (3)(a) is to be increased by the amount of the additional pension resulting from that option;

(c) has had a deduction made to their benefit in accordance with rule J.13 (deduction of special lump sum death benefits charge) of the AFPS 2005, that deduction is to be applied to the amount at paragraph (3)(a);

(d) has had their benefits adjusted in accordance with section 237E (consequential benefit adjustment to be reasonable etc) of the Finance Act 2004, that adjustment is to be applied to the amount at paragraph (3)(a).

(5) If the amount at paragraph 3(a), after having been adjusted where applicable under sub-paragraph (4), is a negative amount, the “AFPS 2005 basic earned benefits” are zero, and the “AFPS 2005 permanent serious ill-health enhancement benefits” means the benefits payable at paragraph 14(4).

Active transition member who leaves service with permanent serious ill-health on or after reaching age 55 but before age 60

16

(1) This paragraph applies in relation to a transition member with continuity of service (T) who—

(a) meets the criteria for an ill-health pension (active member with permanent serious ill-health) under regulation 51 of the AFP Regulations 2014; and

(b) leaves service on or after reaching age 55, but before reaching age 60.

(2) Pension benefits are payable under rule D.1 (retirement after reaching pension age) of the AFPS 2005 in respect of service before T’s transition date.

(3) Early benefits on permanent serious ill-health are payable under regulation 54 of the AFP Regulations 2014 in respect of service from T’s transition date but when calculating the rate of annual pension, regulation 54(2)(b) is amended as specified in paragraph 14(5).

Active transition member with significant impairment of capacity for gainful employment who leaves service before reaching age 55

17

(1) This paragraph applies in relation to a transition member with continuity of service (T) who—

(a) meets the criteria for an ill-health pension (active members with significant impairment of capacity for gainful employment) under regulation 52 of the AFP Regulations 2014; and

(b) has not reached age 55.

(2) If this paragraph applies—

(a) early benefits on significant incapacity for gainful employment are not payable under the AFPS 2005; and

(b) ill-health benefits (active members with significant impairment of capacity for gainful employment) are payable under the AFPS 2015 in accordance with this paragraph.

(3) The ill-health benefits payable under paragraph (2)(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.

(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with rule D.6 (early payment of benefits: active members with significant incapacity for gainful employment) of the AFPS 2005 but when calculating the rate of annual pension, the following is substituted for rule D.6(3)—

(3) (a) For the purposes of paragraph (2), N is equal to the sum of— (i) the member’s years of reckonable service in the AFPS 2005; and (ii) X multiplied by Y; and (b) In this paragraph, X is equal to the member’s years of reckonable service in the AFPS 2005 divided by the total of the member’s years of reckonable service in the AFPS 2005 and pensionable service in the AFPS 2015. (c) In this paragraph, Y is one third of the further reckonable service which the member would have been able to count under the AFPS 2005 if the member had remained an accruing member of that scheme from the date of the ill-health retirement until age 55. (d) For the purposes of calculating the member’s pensionable service in the AFPS 2015 under this rule, any period of pensionable service which is also a period when the member has served on flexible terms is reduced by the service reduction percentage applicable to that period of service.

(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension the following is substituted for regulation 55(2)(b)—

(b) B is the sum of— (i) the member’s pensionable service under the AFPS 2015 as calculated according to regulation 55(2)(a)(i) and (ii); and (ii) X multiplied by N. (c) In this paragraph, X is equal to the member’s years of pensionable service in the AFPS 2015 divided by the total of the member’s years of reckonable service in the AFPS 2005 and pensionable service in the AFPS 2015. (d) In this paragraph, N is one third of the further pensionable service which the member would have been able to count under the AFPS 2015 if the member had remained an accruing member of that scheme from the date of the ill-health retirement until age 60. (e) For the purposes of calculating the member’s pensionable service in the AFPS 2015 under sub-paragraphs (b)(i) and (c), any period of pensionable service which is also a period when the member has served on flexible terms is reduced by the service reduction percentage applicable to that period of service.

Transition member with significant impairment of capacity for gainful employment who reaches age 55

18

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving an ill-health pension (active members with significant impairment of capacity for gainful employment) in accordance with paragraph 17.

(2) On the day T reaches age 55—

(a) of the benefits that were payable under paragraph 17(2)(b), the AFPS 2005 basic earned benefits cease to be payable under paragraph 17(2)(b) and instead become payable under the AFPS 2005; and

(b) of the benefits that were payable under paragraph 17(2)(b), the AFPS 2005 significant incapacity ill-health enhancement benefits continue to be payable under paragraph 17(2)(b).

(3) For the purpose of this paragraph, subject to sub-paragraphs (4) and (5)—

(a) the “AFPS 2005 basic earned benefits” means the amount arrived at by multiplying one seventieth of T’s final pensionable earnings by T’s reckonable service in the AFPS 2005 expressed as number of years; and

(b) the “AFPS 2005 significant incapacity ill-health enhancement benefits” means the benefits payable at paragraph 17(4) in respect of service before T’s transition date minus the AFPS 2005 basic earned benefits.

(4) If T—

(a) has had their benefits reduced in accordance with rule D.12 (reduction in pension debit member’s benefits) of the AFPS 2005, that reduction is to be applied to the amount at paragraph (3)(a);

(b) has exercised an option under rule D.10 (option to exchange lump sum for pension) of the AFPS 2005, the amount at paragraph (3)(a) is to be increased by the amount of the additional pension resulting from that option;

(c) has had a deduction made to their benefit in accordance with rule J.13 (deduction of special lump sum death benefits charge) of the AFPS 2005, that deduction is to be applied to the amount at paragraph (3)(a);

(d) has had their benefits adjusted in accordance with section 237E (consequential benefit adjustment to be reasonable etc) of the Finance Act 2004, that adjustment is to be applied to the amount at paragraph (3)(a).

(5) If the amount at paragraph 3(a), after having been adjusted where applicable under sub-paragraph (4), is a negative amount, the “AFPS 2005 basic earned benefits” are zero, and the “AFPS 2005 permanent serious ill-health enhancement benefits” means the benefits payable at paragraph 17(4).

Active transition member who leaves service with significant incapacity for gainful employment on or after reaching age 55 but before reaching age 60

19

(1) This paragraph applies in relation to a transition member with continuity of service (T) who—

(a) meets the criteria for an ill-health pension (active members with significant impairment of capacity for gainful employment) under regulation 52 of the AFP Regulations 2014; and

(b) leaves service on or after reaching age 55 but before reaching age 60.

(2) Pension benefits are payable under rule D.1 (retirement after reaching pension age) of the AFPS 2005 in respect of service before T’s transition date.

(3) Early benefits on significant impairment of capacity for gainful employment are payable under regulation 55 of the AFP Regulations 2014 in respect of service from T’s transition date but when calculating the rate of annual pension, regulation 55(2)(b) is amended as specified in paragraph 17(5).

Deferred transition member with permanent serious ill-health who leaves service before reaching age 55

20

(1) This paragraph applies in relation to a transition member with continuity of service (T) who—

(a) meets the criteria for an ill-health pension (deferred member with permanent serious ill-health) under regulation 56 of the AFP Regulations 2014; and

(b) leaves service before reaching age 55 and has not reached age 55.

(2) If this paragraph applies—

(a) early benefits on permanent serious ill-health are not payable under the AFPS 2005; and

(b) ill-health benefits (deferred member with permanent serious ill-health) are payable under the AFPS 2015 in accordance with this paragraph.

(3) The ill-health benefits payable under paragraph (2)(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.

(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with rule D.7 (early payment of benefits: deferred members with permanent serious ill-health) of the AFPS 2005.

(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with regulation 56 of the AFP Regulations 2014.

Deferred transition member with permanent serious ill-health who reaches age 55

21

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving ill-health benefits (deferred members with permanent serious ill-health) in accordance with paragraph 20.

(2) On the day the member reaches age 55, the benefits that were payable under paragraph 20(2)(b) cease to be payable under paragraph 20(2)(b) and instead become payable under the AFPS 2005.

Deferred transition member who meets criteria for permanent serious ill-health on or after reaching age 55

22

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is a deferred member of the AFPS 2015, who is age 55 or over, and who meets the criteria for an ill-health pension (deferred member with permanent serious ill-health) in regulation 56 of the AFP Regulations 2014.

(2) Where the member is a deferred member of the AFPS 2005—

(a) a pension is payable under rule D.7 of the AFPS 2005 in respect of service before T’s transition date; and

(b) a pension is payable under regulation 56 of the AFP Regulations 2014 in respect of service from T’s transition date.

(3) Where the member is a pensioner member of the AFPS 2005 in receipt of a pension under AFPS 2005—

(a) a pension continues to be payable under the AFPS 2005 in respect of service before T’s transition date; and

(b) a pension is payable under regulation 56 of the AFP Regulations 2014 in respect of service from T’s transition date.

Review of ill-health awards at request of member or Secretary of State

23

Regulations 57 and 58 of the AFP Regulations 2014 apply to a transition member with continuity of service who is entitled under this Part to an ill-health award in respect of their service before 1st April 2015.

PART4 — Payment of death benefits in respect of transition members with continuity of service

This Part not to apply to previous periods of service

24

Death benefits not to be paid in respect of transition members except in accordance with this Part

25

Surviving adults’ pensions, eligible child’s pensions and lump sum death benefits are not to be paid in respect of transition members with continuity of service except as provided by this Part.

Surviving adult’s pension when transition member dies in service before reaching age 55

26

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of the AFPS 2015 before reaching age 55 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.

(2) A pension for a surviving spouse, surviving civil partner or other adult dependant (“surviving adult dependant”) is payable under the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for a surviving adult dependant is payable under the AFPS 2015 in respect of service from T’s transition date.

(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005 but when calculating the rate of annual pension in accordance with rule E.3 the references to rule D.5 are to rule D.5 with the amendment specified at paragraph 14(4).

(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 70, the references in regulation 51 to regulation 54 are to be read as references to regulation 54 amended as specified in paragraph 14(5).

Surviving adult dependant’s pension when a transition member dies in service on or after reaching age 55

27

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of AFPS 2015 on or after reaching age 55.

(2) A pension for a surviving adult dependant is payable under rule E.1 (surviving spouses’ and civil partners’ pensions) or rule E.2 (other adult dependants’ pensions) of the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for a surviving adult dependant is payable under regulation 70 (annual rate of adult dependants’ pensions payable on death of active member) of the AFP Regulations 2014 in respect of service from T’s transition date.

(4) Where the death is before the transition member has reached age 60, regulation 70 is to be applied as if the references in regulation 51 to regulation 54 were to regulation 54 amended as specified in paragraph 14(5).

Surviving adult dependant’s pension when a transition member dies as a deferred or pensioner member before reaching age 55

28

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 before reaching age 55 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.

(2) A pension for a surviving adult dependant is payable under the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for a surviving adult dependant is payable under the AFPS 2015 in respect of service from T’s transition date.

(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005, but—

(a) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 14(4); and

(b) where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 17(4).

(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—

(a) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 68 (annual rate of adult dependants’ pensions payable on death of pensioner member), the calculation of the member’s retirement earned pension is to take account of the amendment in paragraph 14(5) to regulation 54; and

(b) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 68, the calculation of the member’s retirement earned pension is to take account of the amendment in paragraph 17(5) to regulation 55.

Surviving adult dependant’s pension when a transition member dies as a deferred member or a pensioner member on or after reaching age 55

29

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 on or after reaching age 55 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.

(2) In the case of a deferred member of the AFPS 2015—

(a) a pension for a surviving adult dependant is payable under rules E.1 or E.2 and rule E.4 (amount of pensions under rules E.1 and E.2: deferred members) of the AFPS 2005, in the case of a deferred member of the AFPS 2005, or under rules E.1 or E.2 and rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), in the case of a pensioner member of the AFPS 2005, in respect of service before T’s transition date; and

(b) a pension for a surviving adult dependant is payable under regulations 65, 67 and 69 (annual rate of adult dependants’ pensions payable on death of deferred member) of the AFP Regulations 2014 in respect of service from T’s transition date.

(3) In the case of a pensioner member of the AFPS 2015—

(a) the pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005, but—

(i) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.5 are to be read as referring to rule D.5 amended as specified in paragraph 14(4); and

(ii) where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 17(4).

(b) the pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—

(i) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 68 (annual rate of adult dependants’ pensions payable on death of pensioner member), the calculation of the member’s retirement earned pension is to take account of the amendment in paragraph 14(5) to regulation 54; and

(ii) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 68, the calculation of the member’s retirement earned pension is to take account of the amendment in paragraph 17(5) to regulation 55.

Eligible child’s pension when a transition member dies in service before reaching age 55

30

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of the AFPS 2015 before reaching age 55 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.

(2) A pension for an eligible child is payable under the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for an eligible child is payable under the AFPS 2015 in respect of service from T’s transition date.

(4) The rate of annual pension payable in respect of service before T’s transition date is calculated in accordance with rule E.10 (amount of children’s pensions under rule E.8: active members) of the AFPS 2005, but applying rule D.5 with the substitution of rule D.5(5) that is specified in paragraph 14(4).

(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 74 (annual rate of children’s pensions), the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54.

Eligible child’s pension when a transition member dies in service on or after reaching age 55

31

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of AFPS 2015 on or after reaching age 55 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.

(2) A pension for an eligible child is payable under rule E.8 of the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for an eligible child is payable under regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014 in respect of service from T’s transition date.

(4) Where the death is before the transition member has reached age 60, the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54.

Eligible child’s pension when a transition member dies as a deferred or pensioner member before reaching age 55

32

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred or pensioner member of the AFPS 2015 before reaching age 55 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.

(2) A pension for an eligible child is payable under the AFPS 2005 in respect of service before T’s transition date.

(3) A pension for an eligible child is payable under the AFPS 2015 in respect of service from T’s transition date.

(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005, but—

(a) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 14(4); and

(b) where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 17(4).

(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—

(a) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 74 (annual rate of children’s pensions), the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54; and

(b) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 17(5) to regulation 55.

Eligible child’s pension when a transition member dies as a deferred or pensioner member on or after reaching age 55

33

(1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 on or after reaching age 55 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.

(2) In the case of a deferred member of the AFPS 2015—

(a) a pension for an eligible child is payable under rule E.11 (amount of children’s pension under rule E.8: deferred members) of the AFPS 2005 in the case of a deferred member of the AFPS 2005, or rule E.12 (amount of children’s pension under rule E.8: pensioner members), in the case of a pensioner member of the AFPS 2005, in respect of service before T’s transition date; and

(b) a pension for an eligible child is payable under regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014 in respect of service from T’s transition date.

(3) In the case of a pensioner member of the AFPS 2015—

(a) the pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005, but—

(i) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 14(4); and

(ii) where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 17(4).

(b) the pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—

(i) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54; and

(ii) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 17(5) to regulation 55.

Death of a transition member whilst in service: lump sum benefit

34

(1) This paragraph applies in relation to a transition member with continuity of service who dies as an active member of the AFPS 2015.

(2) On the death of the member—

(a) a lump sum is payable under regulation 79 (lump sum amount payable on death of active member) of the AFP Regulations 2014; but

(b) a lump sum is not payable under rule E.15 (death of a member: lump sum benefit) of the AFPS 2005.

Death of a deferred transition member: lump sum benefit

35

(1) This paragraph applies in relation to a transition member with continuity of service who dies as a deferred member of the AFPS 2015.

(2) On death before reaching age 55—

(a) if regulation 80 (lump sum amount payable on death of deferred member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and

(b) if the member is a deferred member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.17 (amount of lump sum benefit under rule E.15: deferred members) of the AFPS 2005 are met, a lump sum death benefit equal to the sum that would have been payable under rule E.17 of the AFPS 2005 is payable under the AFPS 2015.

(3) On death on or after reaching age 55, where the member is also a deferred member of the AFPS 2005—

(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and

(b) if the conditions for payment of a lump sum death benefit under rule E.15 and rule E.17 of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.17 of the AFPS 2005.

(4) On death on or after reaching age 55, where the member is also a pensioner member of the AFPS 2005—

(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and

(b) if the conditions for payment of a lump sum death benefit under rule E.15 and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.18 of the AFPS 2005.

Death of a pensioner transition member before reaching age 55: lump sum benefit

36

(1) This paragraph applies in relation to a transition member with continuity of service who dies as a pensioner member of the AFPS 2015 before reaching age 55.

(2) If regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation.

(3) If the member is a pensioner member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the AFPS 2005 are met, a lump sum death benefit is not payable under rule E.18 of the AFPS 2005, but a lump sum equal to the sum that would have been paid under rule E.18 is payable under the AFPS 2015.

(4) If the member is a deferred member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 and rule E.17 (amount of lump sum benefit under rule E.15: deferred members) of the AFPS 2005 are met, a lump sum death benefit is not payable under rule E.17 of the AFPS 2005 but a lump sum equal to the sum that would have been paid under rule E.17 is payable under the AFPS 2015.

Death of a pensioner transition member on or after reaching age 55: lump sum benefit

37

(1) This paragraph applies in relation to a transition member with continuity of service who dies as a pensioner member of the AFPS 2015 on or after reaching age 55.

(2) If regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation.

(3) If the member is a pensioner member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.18 of the AFPS 2005.

(4) If the member is a deferred member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 and rule E.17 (amount of lump sum benefit under rule E.15: deferred members) of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.17 of the AFPS 2005.

PART5 — Transitional provisions relating to the AFPS 2005

No benefits for service on or after member’s transition date

38

No benefits under the AFPS 2005 are to be provided to or in respect of a transition member in relation to that member’s service on or after their transition date.

Pensionable service under the AFPS 2005 for a transition member with continuity of service

39

(1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under the AFPS 2015.

(2) In determining whether T qualifies under the AFPS 2005 for retirement benefits (other than early benefits on ill-health), T’s pensionable service under the AFPS 2005 terminates when T’s pensionable service under the AFPS 2015 terminates.

Final salary link for a transition member with continuity of service

40

(1) In calculating benefits payable under the AFPS 2005 to or in respect of a transition member with continuity of service (T), T’s final pensionable earnings are determined by reference to Schedule 7 to the 2013 Act as if “final salary” were a reference to “final pensionable earnings”.

(2) If a member’s final pensionable earnings on leaving service as a member of AFPS 2015 are lower than the member’s final pensionable earnings on their last day of reckonable service in the AFPS 2005, the member’s final pensionable earnings are to be determined as if paragraph (1) of rule A.4 of the AFPS 2015 were replaced by the following—

(1) In these Rules, “final pensionable earnings”, in relation to a member, means the greatest amount that is the member’s total pensionable earnings for 365 consecutive days falling within the period beginning three years before their last day of reckonable service in the AFPS 2005.

Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deferred membership of the AFPS 2005

42

(1) A transition member with continuity of service (T) does not become a deferred member of the AFPS 2005 unless T becomes a deferred member of the AFPS 2015.

(2) If T opts out of the AFPS 2015 in relation to service in a scheme employment and T has at least 2 years’ qualifying service T becomes a deferred member of the AFPS 2005 in relation to that service.

(3) If T re-enters pensionable service under the AFPS 2015 after a gap in service not exceeding 5 years, T ceases to be a deferred member of the AFPS 2005.

Qualifying for retirement benefits under the AFPS 2005

43

(1) In determining whether a transition member with continuity of service qualifies for retirement benefits under the AFPS 2005, the member’s qualifying service includes the total of—

(a) the member’s qualifying service under the AFPS 2005; and

(b) the member’s qualifying service under the AFPS 2015.

Final salary link not to apply again to a pension in payment

44

Where any element of pension under the AFPS 2005 which is in payment has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 to the 2013 Act in consequence of a subsequent period of pensionable public service (as defined in paragraph 3 of Schedule 7 to the 2013 Act) unless the further period of pension is aggregated under the rules of the AFPS 2005.

PART6 — Miscellaneous transitional provisions

Nomination under the AFPS 2005 continues to have effect

45

(1) This paragraph applies if a transition member with continuity of service has not nominated a person under the AFP Regulations 2014 to receive a lump sum death benefit under the AFP Regulations 2014.

(2) An existing nomination has effect as if made under the AFP Regulations 2014 until the transition member makes a nomination under the AFP Regulations 2014.

(3) In this paragraph, “existing nomination” means a nomination which—

(a) was made for the purpose of the AFPS 2005; and

(b) as at T’s transition date, had effect under the AFPS 2005.

Option to buy added years under the AFPS 2005 continues to have effect

46

(1) This paragraph applies if a transition member with continuity of service—

(a) has exercised an option under rule C.1(1) (member’s option to pay contributions to increase service) before the member’s transition date; and

(b) on the member’s transition date, the contractual option period is extant.

(2) Periodical payments paid by the member in accordance with Part C of the AFPS 2005 on or after the member’s transition date and before the end of the contractual option period are valid for the purposes of Part C, and the contractual option period continues as if the member continued in pensionable service under the AFPS 2005.

Opting out of AFPS 2015 - contributions under the AFPS 2005 cease to be payable

47

If a transition member with continuity of service opts out of the AFPS 2015 any periodical payments paid by the member in accordance with Part C of the AFPS 2005 cease to be payable.

PART7 — Transfer of final salary benefits

Acceptance of club transfer value payments and club transfers

48

That part of a club transfer value payment that relates to final salary benefit is to be paid into the AFPS 2005.

Member of the AFPS 2015 or the AFPS 2005

49

(1) This paragraph applies to a person who transfers final salary benefits into the AFPS 2005.

(2) Unless the person is a full protection member of the AFPS 2005, the person—

(a) becomes a member of the AFPS 2015; and

(b) is taken to be a transitional member with continuity of service.

Meaning of “service reduction percentage”

A.2A

(1) In these Rules, the “service reduction percentage” in respect of a period of flexible service is given by the formula, expressed as a percentage—

$$(A−B)A$Where— A is the basic pay which the member would have received in respect of that period of flexible service had the member not been serving on flexible terms; B is the basic pay received by the member in respect of that period of flexible service.$

(2) For the purposes of the Scheme, a period of flexible service ends and another begins when any change in the service reduction percentage occurs.

Meaning of “assumed pay”

Meaning of “final pensionable earnings”

Inflation adjustments in determining final pensionable earnings

Active membership period

Qualifying service

Reckonable service

Calculation of periods of membership or service etc

Disregard of short breaks in service

Purchase of added years for members seconded to NATO or the UN etc

47A

(1) This paragraph applies to a transition member with continuity of service (T) if on T’s transition date T is in qualifying service in accordance with rule A.7(1)(b) (qualifying service) of the AFPS 2005.

(2) For rule C.6 (purchase of added years for members seconded to NATO or the UN etc) of the AFPS 2005, substitute—

(C.6) (1) This rule applies if an active member (T) is seconded during any period— (a) to the United Nations or the North Atlantic Treaty Organisation, or (b) under arrangements with any other organisation or person under which persons who are in service as a result of which they are eligible to belong to the Scheme are seconded into other service. (2) If at the end of that period T resumes service in the armed forces in which T is an active member of the Scheme, T may opt to make a single lump sum contribution to the Scheme to increase T’s reckonable service by an additional period equal to the length of T’s secondment before T’s transition date. (3) The option may only be exercised if— (a) T has given notice in writing to the Scheme administrator in such form as the Secretary of State requires; and (b) T has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014. (4) If T exercises the option under paragraph (2) and pays a contribution equal to the aggregate amount of— (a) any contributions returned to T by the pension arrangement to which T belonged in respect of T’s service during the secondment, and (b) any lump sum paid to T on leaving the organisation or to the person to whom T was seconded as a severance payment, T is entitled to count the period of T’s secondment before T’s transition date as reckonable service. (5) If the aggregate amount mentioned in paragraph (4) is less than the amount determined by the Scheme actuary to be the amount required to be paid in order to increase T’s reckonable service by the period of T’s secondment before T’s transition date, the Secretary of State must make a contribution to the Scheme equal to the difference. (6) If the aggregate amount mentioned in paragraph (4) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015. (7) In this rule, “transition date” has the meaning given in paragraph 1 of Schedule 2.

Schedule 3: Remediable Service

6

Schedule 3 (remediable service) makes provision in relation to remediable service.

Schedule 3 — Remediable Service

Part 1 — Introductory Provisions

Interpretation

1

(1) In this Schedule—

“AFPS 2005” means the occupational pension Scheme established by Schedules 1 and 2 to this instrument and—“AFPS 2005 benefits” means Scheme benefits under Schedules 1 and 2;“AFPS 2005 service”, in relation to a member, means the member’s remediable service that is pensionable service under the AFPS 2005 (whether or not by virtue of section 2(1) of PSPJOA 2022;

“AFRS 2006” means the Armed Forces Redundancy Scheme 2006 established by the Armed Forces Redundancy Scheme Order 2006[^f00033];

“AFRS 2020” means the Armed Forces Redundancy Scheme 2020 established under the Schedule to the Armed Forces Redundancy Scheme Order 2020;

“EDP 2005 Order” means the Armed Forces Early Departure Payments Scheme Order 2005[^f00034];

“EDP 2005 Scheme” means the Scheme established in articles 8 to 13 of the EDP 2005 Order;

“PSP Directions 2022” means the Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“AFPS 1975 re-joiner” means a remedy member to whom paragraph 18 applies;

“armed forces pension scheme” means any Chapter 1 scheme under which service in the regular forces or the reserve forces is pensionable;

“Chapter 1 scheme” has the meaning given in section 33(1) of PSPJOA 2022;

“deferred choice decision” has the meaning given in paragraph 13(1);

“deferred choice decision-maker” means the person who may make a deferred choice decision under paragraph 13(2);

“end of the section 6 election period”, in relation to an immediate choice member, has the meaning given in section 7(2) of PSPJOA 2022;

“end of the section 10 election period”, in relation to a deferred choice member, means the end of the day determined in accordance with—where the member is the deferred choice decision-maker, paragraph 14(2)(b);where a person other than the member is the deferred choice decision-maker, paragraph 15(2)(b);

“immediate choice decision” has the meaning given in paragraph 9(1);

“immediate choice decision-maker” means the person who may make an immediate choice decision under paragraph 9(2);

“legacy scheme”, in relation to a remedy member’s remediable service, means the AFPS 2005 and “legacy scheme benefits” means AFPS 2005 benefits;

“member” means an active, deferred, deceased or pensioner member of a pension scheme;

“non-discrimination rule” has the meaning given in section 25(8) of PSPJOA 2022, and references to a relevant breach of a non-discrimination rule are to be read in accordance with section 25(9) of that Act;

“opted-out service election” has the meaning given in paragraph 7(1);

“reformed scheme” means the AFPS 2015, and “reformed scheme benefits” means new scheme benefits under that Scheme;

“relevant amount” has the meaning given in section 26(3) of PSPJOA 2022;

“remediable service”, in relation to a remedy member, means the member’s remediable service in an employment or office that is pensionable service under the AFPS 2005 (whether or not by virtue of section 2(1) of PSPJOA 2022);

“remedy member” means a member with remediable service;

“remedy period” means the period beginning with 1st April 2015 and ending with 31st March 2022;

“Scheme manager” has the meaning given in rule A.1(4) of Schedule 1 and, for the purposes of this Schedule, references to the Scheme manager include the Scheme administrator;

“section 6 election” has the meaning given in paragraph 9(1)(a);

“section 10 election” has the meaning given in paragraph 13(1)(a).

(2) In this Schedule, a “deferred choice member” means a remedy member who—

(a) immediately before 1st October 2023 was not entitled to the present payment of a pension under this Scheme (whether or not that pension was abated), the amount of which was determined (to any extent) by reference to the member’s remediable service;

(b) on or after 1st October 2023, is an eligible person within the meaning of paragraph 7 of the Schedule to the AFRS 2020 in relation to that service.

(3) In this Schedule, an “immediate choice member” means a remedy member who, immediately before 1st October 2023, was—

(a) entitled to the present payment of a pension under this Scheme (whether or not that pension was abated), the amount of which was determined (to any extent) by reference to the member’s remediable service;

(b) a deceased member;

(c) an eligible person within the meaning of article 4 of the AFRS 2006 or paragraph 7 of the Schedule to the AFRS 2020 in relation to that service.

(4) A deferred choice member is a relevant member of the Scheme for the purposes of section 10 of PSPJOA 2022.

(5) An immediate choice member is a relevant member of the Scheme for the purposes of section 6 of PSPJOA 2022.

2

(1) For the purposes of this Schedule, a reference in PSPJOA 2022 to section 2(1) of that Act coming into force is to be understood as a reference to that section coming into force in relation to the armed forces pension Schemes.

(2) A term used in this Schedule which—

(a) is defined in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022, and

(b) is not defined differently in this Schedule,

has the meaning given in, or for the purposes of, that provision.

(3) A term used in this Schedule which—

(a) is defined in Schedules 1 or 2 to this instrument or the AFP Regulations 2014 (“the relevant Schemes”), and

(b) is not defined differently—

(i) in this Schedule, or

(ii) in, or for the purposes of, a provision in Chapter 1 of Part 1 of PSPJOA 2022,

has, in relation to the relevant Schemes, the meaning given in those Schemes.

(4) In this Schedule, a reference to a provision of the PSP Directions 2022 is a reference to that provision as amended from time to time.

3

(1) For the purposes of sections 9(1)(b) and 13(1)(b) of PSPJOA 2022, the other Chapter 1 legacy scheme is the EDP 2005 Scheme, and—

(a) where the member makes an immediate choice decision under this Schedule, that decision has effect in relation to any benefits payable under the EDP 2005 Scheme in relation to the member’s remediable service;

(b) where the member makes a deferred choice decision under this Schedule, that decision has effect in relation to any benefits payable under the EDP 2005 Scheme in relation to the member’s remediable service.

(2) In this Schedule, a reference to—

(a) an immediate choice member of the EDP 2005 Scheme means an immediate choice member within the meaning of paragraph 1(2)(b) of the Schedule to the EDP 2005 Order;

(b) a deferred choice member of the EDP 2005 Scheme means a deferred choice member within the meaning of paragraph 1(2)(a) of the Schedule to the EDP 2005 Order;

(c) an immediate choice decision under the Schedule to the EDP 2005 Order is a reference to an immediate choice decision under paragraph 7(1) of the Schedule to the EDP 2005 Order;

(d) a deferred choice decision under the Schedule to the EDP 2005 Order is a reference to a deferred choice decision under paragraph 10(1) of the Schedule to the EDP 2005 Order.

4

For the purposes of this Scheme, section 14 of PSPJOA 2022 applies as if—

(a) in section 14(2) the words “immediately before the coming into force of section 2(1)” were omitted;

(b) in section 14(7)(b) the words “or section 10” were inserted after “section 6”.

Part 2 — Remediable Service Statements

Requirements relating to remediable service statements

5

(1) The Scheme manager must provide a remediable service statement in respect of remedy member (“M”) in accordance with—

(a) section 29 of PSPJOA 2022,

(b) any Treasury directions made under section 29(6) of that Act, and

(2) The Scheme manager must provide a remediable service statement in respect of M—

(a) before the relevant date;

(b) where M is, in relation to their remediable service, for the time being—

(i) an active member, at least once in each year ending with the anniversary of the relevant date;

(ii) a deferred member, within three months of receipt of a written request by the member, where such request is received after the relevant date;

(i) that M intends to claim benefits in relation to their remediable service, or

(ii) that M has died.

(3) Where—

(a) a remediable service statement has been provided to M under sub-paragraph (2)(a), and

(b) M dies before the end of the section 6 election period before making a decision under paragraph 9(1),

the Scheme manager must provide a remediable service statement in respect of M as soon as reasonably practicable and, for the purposes of section 7(2)(a) of PSPJOA, the remediable service statement provided to M under sub-paragraph (2)(a) is treated as though it had never been provided.

(4) The remediable service statement must be provided—

(a) to M, or

(b) where M is deceased, to the person who is for the time being the eligible decision-maker in relation to M’s remediable service under Part 10 (unless the eligible decision-maker is the Scheme manager).

(5) The remediable service statement must include—

(a) information about the form and manner in which required information must be communicated to the Scheme manager;

(b) where M is an immediate choice member, information about the irrevocability of an immediate choice decision;

(c) where M is a deferred choice member, information about the revocability (or otherwise) of a deferred choice decision.

(6) For further provision about—

(a) what a remediable service statement must include, see—

(i) section 29(5) of PSPJOA 2022;

(ii) direction 20(1) of the PSP Directions 2022;

(b) when a remediable service statement must be combined with a benefit information statement provided under section 14 of the Public Service Pensions Act 2013, see direction 20(2) of the PSP Directions 2022.

Part 3 — Decisions about the treatment of remediable service

Chapter 1 — Opted-out Service

Application and interpretation of Chapter 1

6

(1) This Chapter applies to and in respect of a member (“M”) with opted-out service in an employment or office in relation to the legacy scheme.

(2) In this Chapter—

“opted-out service decision-maker” means the person who may make an opted-out service election in accordance with paragraph 7(2);

“relevant opted-out service” means the service referred to in sub-paragraph (1).

Election in relation to relevant opted-out service

7

(1) An election (an “opted-out service election”) may be made in relation to M’s relevant opted-out service in accordance with this Part and section 5 of PSPJOA 2022.

(2) An opted-out service election may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker specified in Part 10.

(3) Where a person other than the Scheme manager is the opted-out service decision-maker, an opted-out service election may only be made after the Scheme manager determines an application which is—

(a) made by, or in relation to, M,

(b) in a form and manner determined by the Scheme manager,

(c) received by the Scheme manager within twelve months of the date on which the Scheme manager notified M of their right to make the application, and

(d) accompanied by such information—

(i) which is within the person’s possession, or

(ii) which the person may reasonably be expected to obtain,

that the Scheme manager may by written notice require the person to provide in relation to the decision which caused the service in question to become opted-out service.

(4) As soon as is reasonably practicable after receipt of an application, the Scheme manager must—

(a) determine whether an opted-out service election may be made in relation to M’s opted out service, and

(b) notify the person who made the application whether such an opted-out service election may be made.

(5) Where the Scheme manager is the opted-out service decision-maker, the Scheme manager must, as soon as is reasonably practicable after determining that they are the opted-out service decision-maker, determine whether to make an opted-out service election in relation to M.

(6) The Scheme manager must refuse an application where the decision by virtue of which M’s service became opted-out service was not made pursuant to a relevant breach of a non-discrimination rule.

(7) An opted-out service election to be made by—

(a) a person other than the Scheme manager is made when the person confirms that an opted-out service election is to be made following receipt of the notification mentioned in sub-paragraph (4)(b);

(b) the Scheme manager is made at the time determined by the Scheme manager.

(8) See section 5(2) to (4) of PSPJOA 2022 about the effect, timing and irrevocability of an opted-out service election.

Chapter 2 — Immediate choice decision for reformed scheme or legacy scheme benefits

Application of Chapter 2

8

This Chapter applies in respect of the remediable service of an immediate choice member (“M”) who has not already made an immediate choice decision or a deferred choice decision under the Schedule to the EDP 2005 Order in relation to that service.

Immediate choice decision for reformed scheme or legacy scheme benefits: general

9

(1) A decision (an “immediate choice decision”) may be made in accordance with this Chapter—

(a) to make an election (a “section 6 election”) by virtue of section 6 of PSPJOA 2022 in relation to M’s remediable service, or

(b) that no section 6 election is to be made in relation to that service.

(2) An immediate choice decision may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker specified in Part 10.

(3) An immediate choice decision made by—

(a) a person other than the Scheme manager is made when it is received by the Scheme manager in a form and manner determined by the Scheme manager;

(b) the Scheme manager is made at the time determined by the Scheme manager.

(4) An immediate choice decision may only be made before the end of the section 6 election period[^f00035].

(5) An immediate choice decision is irrevocable.

(6) An immediate choice decision to make a section 6 election takes effect as a section 6 election (see sections 6(5) and (7), 7(1)(b) and 9 of PSPJOA 2022 about the effect of a section 6 election).

(7) Where—

(a) immediately before 1st October 2023, M has remediable service in the reformed scheme (“reformed scheme service,”), and

(b) an immediate choice decision is made that no section 6 election is to be made in relation to M’s remediable service,

section 6(4) of PSPJOA 2022 does not apply in relation to M’s reformed scheme service (and, accordingly, section 2(1) of PSPJOA 2022 has effect in relation to M’s reformed scheme service for the purposes mentioned in section 2(3)(b) of that Act from the time the immediate choice decision is made).

(8) The following provisions of PSPJOA 2022 have effect in relation to a decision that no section 6 election is to be made as they have effect in relation to a section 6 election—

(a) section 6(7) (section 6 election has effect in respect of all remediable service in the employment or office);

(b) section 7(1)(b) (provision about when a section 6 election is to be treated as having taken effect);

Immediate choice decision: additional requirements

10

(1) This paragraph applies where the immediate choice decision-maker (“D”) is a person other than the Scheme manager.

(2) An immediate choice decision may not be made unless a remediable service statement has been provided to D in accordance with paragraph 5(2)(a), or, where paragraph (3) applies, in accordance with paragraph 5(3).

(3) Where—

(a) a remediable service statement has been provided to M in accordance with paragraph 5(2)(a), and

(b) M dies before making an immediate choice decision under paragraph 9,

the section 6 election period is treated as though it had never begun in relation to M.

(4) An immediate choice decision is to be treated as having been made only if D provides the information specified in any written request from the Scheme manager that is—

(a) information in D’s possession, or

(b) information which D can reasonably be expected to obtain.

Immediate choice decision: deemed election

11

Where—

(a) the end of the section 6 election period in relation to M has passed, and

(b) no immediate choice decision has been made,

the Scheme manager may, if it seems reasonable in all the circumstances of the case, treat an immediate choice election as having been made in relation to M’s remediable service immediately before the end of the section 6 election period.

Chapter 3 — Deferred choice decision for reformed scheme or legacy scheme benefits

Application of Chapter 3

12

This Chapter applies in respect of the remediable service of a deferred choice member (“M”) who has not already made—

(a) an immediate choice decision under Chapter 2,

(b) an immediate choice decision under the Schedule to the EDP 2005 Order, or

in relation to that service.

Deferred choice decision for reformed scheme or legacy scheme benefits: general

13

(1) A decision (a “deferred choice decision”) may be made—

(a) to make an election (a “section 10 election”) by virtue of section 10 of PSPJOA 2022 in relation to M’s remediable service, or

(b) that no section 10 election is to be made in relation to that service.

(2) A deferred choice decision may be made—

(a) by M, or

(b) where M is deceased, by the eligible decision-maker specified in Part 10.

(3) A deferred choice decision—

(a) to be made by a person other than the Scheme manager is made when it is received by the Scheme manager in a form and manner determined by the Scheme manager;

(b) to be made by the Scheme manager is made at a time determined by the Scheme manager.

(4) A deferred choice decision may only be made before the end of the section 10 election period.

(5) A deferred choice decision to make a section 10 election takes effect as a section 10 election (see sections 10(4) and (5), 11(3)(b), (4) and (7) and 13 of PSPJOA 2022 about the effect of a section 10 election).

(6) Where the deferred choice decision is that no section 10 election is to be made, the benefits payable to or in respect of M, so far as they are determined by reference to M’s remediable service, are legacy scheme benefits.

(7) The following provisions of PSPJOA 2022 have effect in relation to a decision that no section 10 election is to be made as they have effect in relation to a section 10 election—

(a) section 10(5) (section 10 election has effect in respect of all remediable service in the employment or office);

(b) section 11(3)(b), (4) and (7) (provision about when a section 10 election take effect, and the effect of lapse or revocation of a section 10 election);

Deferred choice decision to be made by M

14

(1) This paragraph applies where M is the deferred choice decision-maker.

(2) A deferred choice decision may only be made during the period—

(a) beginning on the date a remediable service statement is issued under paragraph 5(2)(c)(i), and

(b) ending—

(i) at the end of the day 6 months after the day the remediable service statement mentioned in paragraph (a) was issued, or

(ii) subject to sub-paragraph (4), at the end of such other day as the Scheme manager considers reasonable in all the circumstances.

(3) The end of the period during which a deferred choice decision may be made must not be more than one year before the day on which it is reasonably expected that legacy scheme benefits would become payable to or in respect of M.

(4) A deferred choice decision made by M may be revoked—

(a) at any time before the cancellation deadline, and

(b) by M communicating to the Scheme manager notice of the revocation in a form and manner determined by the Scheme manager.

(5) Where the Scheme manager receives, before the cancellation deadline, notice that M has died—

(a) any deferred choice decision made by M lapses, and

(b) any period that has begun (whether or not it has also ended) in accordance with sub-paragraph (2) is to be treated as if it had never begun (or ended).

(6) In sub-paragraphs (4) and (5), “the cancellation deadline” means—

(a) the beginning of the day one calendar month before the day (“the payment day”) on which the first payment under the Scheme is due to be made in relation to M’s remediable service, or

(b) such later time before the payment day as the Scheme manager considers reasonable in all the circumstances.

Deferred choice decision to be made by a person other than M

15

(1) This paragraph applies where a person other than M is the deferred choice decision-maker.

(2) A deferred choice decision may only be made during the period—

(a) beginning on the date a remediable service statement is issued under paragraph 5(2)(c)(ii), and

(b) ending—

(i) at the end of the day 6 months after that date,

(ii) except where the Scheme manager is the deferred choice decision-maker, at such later time as the Scheme manager considers reasonable in all the circumstances, or

(iii) immediately after a deferred choice decision is made, if earlier than the time which applies under sub-paragraph (i) or (ii).

(3) A deferred choice decision made by a person other than M is irrevocable.

Deferred choice election: deemed section 10 election

16

Where—

(a) the end of the section 10 election period in relation to M has passed, and

(b) no deferred choice decision has been made,

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