The Armed Forces (Transitional Provisions) Pensions Regulations 2015

Made: 3rd March 2015

Laid before Parliament: 9th March 2015

Coming into force: 1st April 2015

In accordance with section 3(5) of that Act, these Regulations are made with consent of the Treasury.

PART 1 — Preliminary

Citation and commencement

1

• (1) These Regulations may be cited as the Armed Forces (Transitional Provisions) Pensions Regulations 2015.

• (2) These Regulations come into force on 1st April 2015.

Interpretation

2

In these Regulations—

• “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014[^f00005];

• “EDP 2015” means the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014[^f00006].

PART 2 — Amendments to the Armed Forces Pension Scheme 1975

Amendment of the Armed Forces Pensions Scheme 1975

3

The Armed Forces Pension Scheme 1975[^f00007] (“the AFPS 1975”) is amended according to the provisions in this Part.

Amendment of Rule A.1 in Schedule 1 to the AFPS 1975

4

In the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010[^f00008] (the “Naval Pensions Order”), the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010[^f00009] (the “Army Pensions Warrant”) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010^f00010, rule A.1 in Schedule 1 (General interpretation) is amended by inserting at the appropriate places—

(a) “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014[^f00011];

; and

(b) “transition date” has the same meaning as specified in paragraph 1 of Schedule 3 to this Instrument;

Amendment of Rule H.1 in Schedule 1 to the AFPS 1975

5

In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.1 in Schedule 1 (Further pensionable service: general rule) is amended by inserting into paragraph (1) after “further pensionable service” the following: “including service by virtue of which the person is eligible for membership of the Armed Forces Pension Scheme 2015[^f00012] (“AFPS 2015”)”.

Amendment of Rule H.3 in Schedule 1 to the AFPS 1975

6

In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.3 in Schedule 1 (Service on lower pay) is amended by—

• (a) inserting into sub-paragraph (1)(a) after “further pensionable service” the following: “including service by virtue of which the person is eligible for membership of the AFPS 2015”; and

• (b) in paragraph (3), inserting after “A is the annual amount of the pension” the following: “which includes, in the case of an AFPS 2015 pensioner, their AFPS 2015 pension”.

Amendment of Rule H.4 in Schedule 1 to the AFPS 1975

7

In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.4 in Schedule 1 (Reserve Service) is amended by—

• (a) inserting into paragraph (1) after “in reserve service” the following: “including service by virtue of which the person is eligible for membership of the AFPS 2015”; and

• (b) in paragraph (3), inserting after “A is the annual amount of the pension” the following: “which includes, in the case of an AFPS 2015 pensioner, their AFPS 2015 pension”.

Insertion of new Schedules

8

The Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order are each amended by inserting, after Schedule 2 in each case, the new Schedule 3 contained in Schedule 1 to this Instrument, which has effect.

PART 3 — Amendments to the Armed Forces Pension Scheme 2005

Amendment of the Armed Forces Pensions Scheme 2005

9

The Armed Forces Pension Scheme 2005[^f00013] is amended according to the provisions in this Part.

Insertion of new article 5 into the AFPS Order 2005

10

The Armed Forces Pension Scheme Order 2005[^f00014] (“the AFPS Order 2005”) is amended by inserting after article 4 the following new article—

(5) (1) Schedule 2 (Transitional Provision) has effect. (2) After 31st March 2015, the Scheme is closed to new members except where provided for in Schedule 2.

Amendment of rule A.1 in Schedule 1 to the AFPS Order 2005

11

Rule A.1(interpretation: general) in Schedule 1 to the AFPS Order 2005 is amended by inserting at the appropriate place—

• “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014[^f00015];

Amendment of rule H.1 in Schedule 1 to the AFPS Order 2005

12

Rule H.1(application of Part H) in Schedule 1 to the AFPS Order 2005 is amended by—

• (a) in paragraph (1), after “pensioner member or deferred member of the Scheme” inserting “(whether or not they are also a pensioner member of the AFPS 2015)”;

• (b) after paragraph (1)(b), inserting—

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

• (c) after paragraph (2)(b), omitting “and”; and

• (d) after paragraph (2)(c), inserting—

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

Insertion of new Schedule into the AFPS Order 2005

13

The AFPS Order 2005 is amended by the insertion after Schedule 1 to the new Schedule 2 contained in Schedule 2 to this Instrument[^f00016].

PART 4 — Amendments to the Armed Forces Early Departure Payments Scheme 2005

Amendment of the Armed Forces Early Departure Payments Scheme 2005

14

The Armed Forces Early Departure Payments Scheme 2005[^f00017] is amended according to the provisions in this Part.

Amendment of article 3 (general interpretation) of the EDP Order 2005

15

Article 3 (general interpretation) of the Armed Forces Early Departure Payments Scheme Order 2005[^f00018] (“the EDP Order 2005”) is amended by inserting at the appropriate places—

• (a) ““AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014 (“the AFP Regulations 2014”);”,

• (b) ““EDP 2015” means the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014;”,

• (c) ““transition date” in relation to a person with dual entitlement means 1st April 2015 or, if later, the day on which a person ceased to be a full protection member of the AFPS 2005;”, and

• (d) ““full protection member” has the meaning given in Part 2 of Schedule 2 to the Armed Forces Pension Scheme Order 2005[^f00019];”.

Insertion of new article 3A in the EDP Order 2005

16

The EDP Order 2005 is amended by, after article 3, inserting the following new article—

(3A) (1) For the purposes of the Scheme “a person with dual entitlement” means, subject to paragraph (2), a person who— (a) is a member of AFPS 2005 by virtue of their pensionable service under the AFPS 2005, or (b) was eligible to have been a member of AFPS 2005, and (c) is also a member of the AFPS 2015 by virtue of their pensionable service under the AFPS 2015, or (d) was eligible to have been a member of the AFPS 2015 on or after 1st April 2015. (2) A person is not a person with dual entitlement where the gap between the last day of service or eligibility at paragraph (1)(a) or (b) as the case requires and the first day of service or eligibility at paragraph (1)(c) or (d) as the case requires exceeds 5 years.

Amendment of article 4 (meaning of “relevant service”) of the EDP Order 2005

17

Article 4 of the EDP Order 2005 is amended by, after paragraph (3), inserting—

(4) In the case of a person with dual entitlement, service on or after the transition date — (a) is relevant service for the purposes of article 6(1) and (5), (b) is relevant service for the purposes of article 8(4), (c) is relevant service for the purposes of article 10(4)(a) and (b), (d) is relevant service for the purposes of article 16(1)(b), (e) is not relevant service for the purposes of article 5(a).

Amendment of article 8 (eligibility for early departure payments) of the EDP Order 2005

18

Article 8 (5) of the EDP Order 2005 is amended by—

• (a) omitting “or” at the end of sub-paragraph (a),

• (b) after paragraph (b) inserting—

(c) regulation 51 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with permanent serious ill-health), or (d) regulation 52 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment).

Amendment of article 10 (amount of payments under article 9) of the EDP Order 2005

19

• (1) Article 10 of the EDP Order 2005 is amended by—

• (a) in paragraph (2) substituting “T” for “N”,

• (b) in paragraph (4)—

• (i) omitting “that the person is entitled to count for the purposes of Condition C in article 8(4), and”,

• (ii) inserting after sub-paragraph (a)—

(zb) T is either— (i) the number of years’ relevant service, or (ii) for a person with dual entitlement, the number of years’ relevant service before the transition date, and

• (c) in paragraph (5) inserting “or T, as appropriate,” after “N”,

• (d) inserting after paragraph (8)—

(8A) In the case of a person with dual entitlement— (a) service on or after the transition date is qualifying service for the purposes of regulation 10 of the EDP Regulations 2014, (b) all payments made under this article and regulation 10 of the EDP 2015 are payable under the EDP Regulations 2014.

Amendment of article 12 (effect of rejoining armed forces or entering certain reserve forces service on article 9 award) of the EDP Order 2005

20

Article 12 of the EDP Order 2005 is amended by—

• (a) at the end of paragraph (4)(a) omitting “or”,

• (b) after paragraph (4)(b) inserting—

(c) regulation 51 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with permanent serious ill-health), or (d) regulation 52 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment.)

Amendment of article 14 (entitlement to resettlement grants) of the EDP Order 2005

21

Article 14 (1) of the EDP Order 2005 is amended by, after paragraph (d), inserting—

and (e) is not entitled to a resettlement grant under regulation 16 of the EDP Regulations 2014.

Amendment of article 16 (lump sum awards: incapacity for armed forces service) of the EDP Order 2005

22

Article 16 of the EDP Order 2005 is amended by—

• (a) at the end of paragraph (1)(d)(iii) omitting “or”,

• (b) after paragraph (1)(d)(iv) inserting—

(v) regulation 43 of the AFP Regulations 2014 (retirement on or after reaching normal pension age – active members), (vi) regulation 51 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with permanent serious ill-health), (vii) regulation 52 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment), or (viii) regulation 60 of the AFP Regulations 2014 (option for members in serious ill-health to exchange whole pension for lump sum).

• (c) inserting at the beginning of paragraph (3) “Subject to paragraph (4A),”,

• (d) inserting at the beginning of paragraph (4) “Subject to paragraph (4A),”,

• (e) after paragraph (4) inserting—

(4A) In the case of a person with dual entitlement— (a) paragraphs (3) and (4) do not apply, (b) service on or after the transition date is only service for the purposes of regulation 20 of the EDP Regulations 2014, (c) the amount of the lump sum calculated under paragraph (2)— (i) is added to the amount of the lump sum calculated under regulation 20(1) of the EDP Regulations 2014 but ignoring regulation 20(1) sub-paragraphs (a) and (b), and (ii) sub-paragraphs (a) and (b) of regulation 20(1) are then applied, (d) all payments made under this article and regulation 20 of the EDP Regulations 2014 are payable under the EDP 2015.

• (f) after paragraph (5) inserting—

(6) For a person with dual entitlement this article is subject to regulation 58 (member’s request for review of ill-health awards) of the AFP Regulations 2014.

PART 5 — Amendments to the Reserve Forces (Full-Time Reserve Service) Pension Scheme 1997

Amendment of the Reserve Forces (Full-Time Reserve Service) Pension Scheme 1997

23

The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997^f00020 is amended according to the provisions in this Part.

Amendment of Rule G.1 in Schedule 1 to the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010

24

• (1) Rule G.1 (abatement of pensions on giving further service), in Schedule 1 to the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010[^f00021] “the FTRS Regulations”) is amended by inserting into paragraph (1), after “further pensionable service”, the following words: “including service by virtue of which the person is eligible for membership of the Armed Forces Pension Scheme 2015 (“AFPS 2015”)[^f00022].”.

• (2) Rule G.1 is further amended at paragraph (2) by the insertion, after “the amount that the pension” the following words: “(which includes, in the case of an AFPS 2015 pensioner, their AFPS 2015 pension)”.

Insertion of new regulation 3 into the FTRS Regulations

25

The FTRS Regulations are amended by inserting, after regulation 2, the following new regulation—

(3) Schedule 2 (Transitional Provision) has effect.

Insertion of new Schedule into the FTRS Regulations

26

The FTRS Regulations are amended by the insertion of the new Schedule 2 contained in Schedule 3 to this Instrument.

PART 6 — Amendments to the Reserve Forces Non Regular Permanent Staff Pension Scheme

Amendment of the Reserve Forces Non-Regular Permanent Staff (Pensions and Attributable Benefits Scheme) Regulations 2011

27

The Reserve Forces Non Regular Permanent Staff Pension Scheme [^f00023] is amended according to the provisions in this Part.

Insertion of new regulation 3A

28

The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Scheme) Regulations 2011[^f00024] (“the NRPS Regulations 2011”) are amended by inserting, after regulation 3, the following new regulation—

(3A) (1) Schedule 3 (Transitional Provision) has effect.

Insertion of new Schedule into the NRPS Regulations 2011

29

The NRPS Regulations 2011 are amended by the insertion after Schedule 2 to the new Schedule 3 contained in Schedule 4 to this Instrument.

PART 7 — Amendments to the Reserve Forces Pension Scheme Regulations 2005

Amendment of the Reserve Forces Pension Scheme 2005

30

The Reserve Forces Pension Scheme 2005[^f00025] is amended according to the provisions in this Part.

Insertion of new article 5 into the Reserve Forces Pension Scheme Regulations 2005

31

The Reserve Forces Pension Scheme Regulations 2005(“the RFPS Regulations 2005”) [^f00026] are amended by inserting after regulation 2 the following new regulation—

(3) (1) Schedule 3 (Transitional Provision) has effect. (2) After 31st March 2015, the Scheme is closed to new members except where provided for in Schedule 3.

Amendment of rule A.1 in Schedule 1 to the RFPS Regulations 2005

32

Rule A.1(interpretation: general) in Schedule 1 to the RFPS Regulations 2005 is amended by inserting at the appropriate place—

• “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014[^f00027];

Amendment of Rule G.1 in Schedule 1 to the RFPS Regulations 2005

33

Rule G.1(application of Part G) in Schedule 1 to the RFPS Regulations 2005 is amended by—

• (a) in paragraph (1), after “pensioner member or deferred member of the Scheme” inserting “(whether or not they are also a pensioner member of the AFPS 2015)”;

• (b) after paragraph (1)(b), inserting—

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

• (c) after paragraph (2) (b), omit “and”; and

• (d) after paragraph (2)(c), inserting—

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

Insertion of new Schedule into the RFPS Regulations 2005

34

The RFPS Regulations 2005 are amended by the insertion after Schedule 2 to the new Schedule 3 contained in Schedule 5 to this Instrument.

PART 8 — Amendments to the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010

Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010

35

The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010[^f00028] (“AF(RRGES) (No.2) Order”) is amended according to the provisions in this Part.

Amendment of article 2 (interpretation) of the AF(RRGES) (No.2) Order

36

Article 2 (interpretation) of the AF(RRGES)(No.2) Order is amended by inserting in the appropriate place—

• (a) ““AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014[^f00029];”;

• (b) “transition member” means a person—

(a) who is a member of the AFPS 1975 by virtue of their pensionable service under the AFPS 1975 before 1st April 2015; and (b) who is also a member of the AFPS 2015 by virtue of their pensionable service on and after 1st April 2015;

Amendment of article 27 (interpretation of Part 4) of the AF(RRGES) (No.2) Order

37

Article 27 (2) of the AF(RRGES) (No.2) Order is amended by substituting—

• “ill-health pension” means— service invaliding retired pay or pension under the AFPS 1975, an ill-health pension under regulation 51 of the Armed Forces Pension Regulations 2014, or an ill-health pension under regulation 52 of the Armed Forces Pension Regulations 2014.

for—

• “ill-health pension” means service invaliding retired pay or pension under the AFPS 1975;

Amendment of article 30 (factors affecting the amount of commutable pension) of the AF(RRGES) (No.2) Order

38

Article 30 of the AF(RRGES) (No.2) Order is amended by inserting—

• (a) after “a person” in sub-paragraph (1) “,not including a transition member,”,

• (b) after sub-paragraph (1)—

(1A) Subject to article 32, the maximum lump sum which can be commuted by a transition member is calculated by application of the following formula— $$(A−B)xC÷D$ where— A in the case of an officer is the 34 year rate and in the case of someone who is not an officer is the 37 year rate; B is the aggregate lump sum from reckonable and pensionable service in AFPS 1975 and AFPS 2015; C is the number of years of AFPS 1975 service; and D is the total number of years of reckonable and pensionable service in AFPS 1975 and AFPS 2015.$

Amendment of article 32 (misconduct) of the AF(RRGES) (No.2) Order

39

Article 32 of the AF(RRGES) (No.2) Order is amended by—

• (a) numbering the existing text as paragraph (1),

• (b) after “the 37 year rate.” inserting—

(2) For a transition member the figure denoted by A in article 30(1A) is replaced by the appropriate amount from paragraph (1).

Amendment of article 35 (entitlement to resettlement grants) of the AF(RRGES) (No.2) Order

40

Article 35 of the AF(RRGES) (No.2) Order is amended by—

• (a) substituting for the existing paragraph (1)—

(1) A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person— (a) was, immediately before ceasing service, an active member of the AFPS 1975 or has opted-out; (b) has the relevant years of service; (c) is not entitled to the immediate payment of a pension under the AFPS 1975; (d) is not entitled to the immediate payment of a pension under the AFPS 2015; (e) is not entitled to an early departure payment under regulations 8 and 9 of the EDP 2015; and (f) either— (i) has not previously received a payment under the AFRGS 2010; or (ii) has made a repayment in respect of a payment previously received in sub-paragraph (i).

• (b) substituting in paragraph (2)—

“relevant years of service”

for—

“relevant years of reckonable service”

• (c) inserting after paragraph (5)—

(6) Transition members are not entitled to a lump sum payment under regulation 16 of the EDP 2015.

PART 9 — Amendments to the Armed Forces Pension Regulations 2014 and the Armed Forces Early Departure Payments Scheme Regulations 2014

Amendment of the Armed Forces Pension Regulations 2014

41

The Armed Forces Pension Regulations 2014[^f00030] are amended by inserting into regulation 2 (interpretation) at the appropriate place—

• “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014.

Amendment of the Armed Forces Early Departure Payments Scheme Regulations 2014

42

The Armed Forces Early Departure Payments Scheme Regulations 2014[^f00031] are amended by inserting into regulation 2 (interpretation) at the appropriate place—

• “EDP 2015” means the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014.

SCHEDULE 1 — Schedule to be inserted in the Armed Forces Pension Scheme 1975

SCHEDULE 2 — Schedule to be inserted in the Armed Forces Pension Scheme 2005

SCHEDULE 3 — Schedule to be inserted in the Reserve Forces (Full-Time Reserve Service) Pension Scheme 1997

SCHEDULE 4 — Schedule to be inserted in the Reserve Forces Non Regular Permanent Staff Pension Schemes 2011

SCHEDULE 5 — Schedule to be inserted in the Reserve Forces Pension Scheme 2005

Signed

Signatory Text

Anna Soubry — Minister of State — Ministry of Defence — 3rd March 2015

We approve

David Evennett — Harriet Baldwin — Two of the Lords Commissioners of Her Majesty’s Treasury — 27th February 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make transitional provision for members of existing armed forces final salary pension and employee retirement benefit schemes in the light of new, career average pension and retirement benefit schemes made under section 1 of the Public Service Pensions Act 2013 (c.25) (“the 2013 Act”) . These schemes are established by the Armed Forces Pension Regulations 2014 (S.I 2014/2336) and the Armed Forces Early Departure Payments Scheme Regulations 2014 (S.I 2014/2328) both of which come into force on 1st April 2015.

Part 2 of the Regulations makes transitional provision for members of the Armed Forces Pension Scheme 1975 (“the AFPS 1975”). The rules of the AFPS 1975 are set out in three prerogative instruments, one for each of the three services. This Part amends the abatement provisions of the AFPS 1975 so that where a pensioner member of the AFPS 1975 who is re-engaged in service that entitles them to membership of the Armed Forces Pension Scheme 2015 (the “AFPS 2015”), the scheme established under the Armed Forces Pensions Regulations 2014, the AFPS 1975 abatement rules apply. Where that person is also a pensioner member of the AFPS 2015, the AFPS 2015 pension is taken into account when abating the AFPS 1975 pension under the AFPS 1975 rules. This Part also inserts a new Schedule 3 into each of the three prerogative instruments that sets out the rules of the AFPS 1975, which protects the rights that have been accrued in that scheme by people who were members before 1st April 2015. Schedule 3 works by defining two groups of people (“full protection members” and “transition members”) from among the population of AFPS 1975 members who have service after 31st March 2015, and then conferring protection on each of them. Full protection members are exempted from the rules in the 2013 Act that prevent accrual in public sector final salary pension schemes after 31st March 2015. Transition members are not so exempted, but they are allowed an AFPS 1975 pension in respect of their service as a member of that scheme. In some cases (where the member has “continuity of service”) the final salary at the time of leaving service as a member of the AFPS 2015 is linked to the AFPS 1975 service. Special provision is made for ill-health and survivor benefits in respect of transition members with continuity of service.

Part 3 of the Regulations makes transitional provision for members of the Armed Forces Pension Scheme 2005. This Part amends the abatement provisions of the Scheme in a similar way to which Part 2 amends the AFPS 1975. This Part also inserts a new Schedule into the Scheme protecting accrued rights for full protection and transition members.

Part 4 of the Regulations makes transitional provision for members of the Armed Forces Early Departure Payments Scheme 2005. This Part establishes the meaning of a person with dual entitlement within the Scheme, and makes amendments to provide for the payment of early departure payments, resettlement grants and lump sums for incapacity for armed service to a person with dual entitlement.

Part 5 of the Regulations makes transitional provision for members of the Reserve Forces (Full- Time Reserve Service) Pension Scheme 1997. This Part amends the abatement provisions and inserts a new Schedule 2 into the Scheme protecting accrued rights for full protection and transition members.

Part 6 of the Regulations makes transitional provision for members of the Reserve Forces Non Regular Permanent Staff Pension Scheme. This part inserts a new Schedule 3 protecting accrued rights in that Scheme for full protection and transition members.

Part 7 of the Regulations makes transitional provision for members of the Reserve Forces Armed Forces Pension Scheme 2005. This Part amends the abatement provisions and inserts a new Schedule 2 protecting accrued rights for full protection and transition members.

Part 8 of the Regulations makes transitional provision for the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No.2) Order 2010. This Part defines transition member and sets out the formula to be applied in respect of transition members when calculating the maximum amount of commutable pension. Additionally this Part makes amendments to the entitlement for resettlement grants.

Part 9 of the Regulations inserts a definition of “AFPS 2015” into the Armed Forces Pension Regulations 2014 and a definition of “EDP 2015” into the Armed Forces Early Departure Payments Scheme Regulations 2014, as these terms appear in several textual amendments made to these instruments by these Regulations.

Footnotes

[^f00001]: See section 1(4) of the Act for the meaning of “scheme regulations”.

[^f00002]: See paragraph 8 of Schedule 1 to the Act for the meaning of “armed forces”.

[^f00003]: See section 2(2) of the Act for the meaning of “responsible authority”.

[^f00004]: 2013 c. 25.

[^f00005]: S.I. 2014/2336.

[^f00006]: S.I. 2014/2328.

[^f00007]: The rules of the Armed Forces Pension Scheme 1975 (the “AFPS 1975”) are set out in three instruments, one for each of the three armed services, the references to which are set out in footnotes (b), (c) and (d) to regulation 4. In each instrument, Schedule 1 sets out the AFPS 1975 rules applying to members of the armed service in question. Schedule 1 is substantially the same in the case of each instrument, except for the fact that in the case of the Army Pensions Warrant, there is a Part K at the end of the Schedule, which applies to transferees from the Gurkha Pension Scheme. (There are no Gurkha Pension Scheme transferees in the Navy or the Royal Air Force).

[^f00008]: The rules of the AFPS 1975 in relation to members and former members of the Navy and Royal Marines were restated in Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 made on 10 February 2010. That Schedule was then revoked and replaced by a revised restatement set out at Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, which came into force on 3 January 2011. Schedules 1 and 2 were then amended by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012 and Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2015. Amendments were made to Part E of the Scheme by the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107) and the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), and the Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061).

[^f00009]: The rules of the AFPS 1975 in relation to members and former members of the regular Army were restated in Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 made on 10 February 2010. That Schedule was then revoked and replaced by a revised restatement set out at Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010, which came into force on 3 January 2011. Schedules 1 and 2 were then amended by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2012 and Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2015. Amendments were also made to Part E of the Scheme by same sex marriage S.I.s as set out at footnote (b).

[^f00010]: The rules of the AFPS 1975 in relation to members and former members of the Royal Air Force were restated in Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 made on 10 February 2010. That Schedule was then revoked and replaced by a revised restatement set out at Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, which came into force on 3 January 2011. Schedules 1 and 2 were then amended by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012 and Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2015. Amendments were also made to Part E of the Scheme by same sex marriage S.I.s as set out at footnote (b).

[^f00011]: S.I. 2014/2336.

[^f00012]: The AFPS 2015 is the pension scheme established by the Armed Forces Pension Regulations 2014 (S.I. 2014/2336).

[^f00013]: The rules of this pension scheme are established in the Armed Forces Pension Scheme Order 2005 as amended - including by the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107).

[^f00014]: S.I. 2005/438.

[^f00015]: S.I. 2014/2336.

[^f00016]: The former Schedule 2 to the AFPS Order 2005 was revoked by S.I. 2006/717.

[^f00017]: The rules of this scheme are established in the Armed Forces Early Departure Payments Scheme Order 2005.

[^f00018]: S.I. 2005/437 as amended.

[^f00019]: S.I. 2005/438.

[^f00020]: This scheme is established in the Reserve Forces (Full-time Reserve Service Pension Scheme 1997) Regulations 2010 as amended by the Reserve Forces (Full-time Reserve Service Pension Scheme 1997) (Amendment) Regulations 2012.

[^f00021]: These Regulations are Defence Council Regulations. These instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6, Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

[^f00022]: This is the pension scheme established by the Armed Forces Pension Regulations 2015 (S.I. 2014/2336).

[^f00023]: This pension scheme is established in the Reserve Forces Non-Regular Permanent Staff (Pension and Attributable Benefits Scheme) Regulations 2011.

[^f00024]: These Regulations are Defence Council Regulations made under sections 4(2), (3) and (4) of the Reserve Forces Act 1996 (c. 14). They have been amended by the Reserve Forces Pension Scheme (Amendment) Regulations 2006, the Reserve Forces Pension Scheme (Amendment) Regulations 2009 and the Reserve Forces Pension Scheme (Amendment) Regulations 2012. These instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6, Zone M, Ministry of Defence, Main Building, London SW1A 2HB. These regulations have been amended by the Reserve Forces Non-Regular Permanent Staff (Pension and Attributable Benefits Scheme) (Amendment) Regulations 2013 and the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107).

[^f00025]: This pension scheme is established in the Reserve Forces Pension Scheme Regulations 2005.

[^f00026]: These regulations are Defence Council Regulations made under sections 4(2) and (3), and 8(1) and (3) of the Reserve Forces Act 1996 (c. 14). They have been amended by the Reserve Forces Pension Scheme (Amendment) Regulations 2006, the Reserve Forces Pension Scheme (Amendment) Regulations 2009 and the Reserve Forces Pension Scheme (Amendment) Regulations 2012. These instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6, Zone M, Ministry of Defence, Main Building, London SW1A 2HB. These regulations have also been amended by the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014 (S.I. 2014/107).

[^f00027]: S.I. 2014/2336.

[^f00028]: S.I. 2010/832.

[^f00029]: S.I 2014/2336.

[^f00030]: S.I. 2014/2336.

[^f00031]: S.I. 2014/2328.

[^f00032]: S.I. 2014/2336.

[^f00033]: S.I. 2014/2328.

[^f00034]: 2013 c. 25.

[^f00035]: Under the rules of the AFPS 1975, a member can reach their immediate pension point even after ceasing to be an accruing member of the AFPS 1975.

[^f00036]: Schedule 3 is inserted by the Armed Forces (Transitional Provisions) Pensions Regulations 2015.

[^f00037]: Schedule 3 is inserted by the Armed Forces (Transitional Provisions) Pensions Regulations 2015.

[^f00038]: “Representative rate of pay” is defined in rule A.1 of the AFPS 1975 rules as having the meaning in rule A.5. Rule A.5 provides that references to a member’s representative rate of pay are to the representative rate of pay set out in the pension code in force on the member’s last day of pensionable service, for a person of the member’s pension rank with the amount of reckonable service that the member has (which means reckonable service in the AFPS 1975).

[^f00039]: In respect of the period of the secondment from 1st April 2015, the member will have an option to make a lump sum contribution to the AFPS 2015 under regulation 97 of the AFP Regulations 2014.

[^f00040]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00041]: See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”.

[^f00042]: 2013 c. 25.

[^f00043]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00044]: See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”.

[^f00045]: 2004 c. 12. Section 237E was amended by the Finance Act 2011, section 66, Schedule 17, Part 1.

[^f00046]: “Final pensionable earnings” are defined in rule A.4(1) of the AFPS 2005 as the greatest amount that is the member’s total pensionable earnings for 365 consecutive days falling within the period of 3 years ending with the member’s last day of reckonable service.

[^f00047]: S.I. 2014/2336.

[^f00048]: These Regulations are Defence Council Regulations.These Regulations were amended by the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) (Amendment) Regulations 2012, which included a replacement of the whole of Part D. These instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6, Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

[^f00049]: 1999 c. 30.

[^f00050]: Schedule 2 was inserted by the Armed Forces (Transitional Provisions) Pensions Regulations 2015.

[^f00051]: These regulations are Defence Council Regulations. A copy can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. These Regulations were amended by the Reserve Forces Non-Regular Permanent Staff (Pension and Attributable Pension Schemes) (Amendment) Regulations 2013.

[^f00052]: “Final pensionable earnings” are defined in rule A.3(3) of the NRPS 2011 as the greatest amount that is the member’s total pensionable earnings for 365 consecutive days falling within the period of three years ending with the member’s last day of reckonable service.

[^f00053]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00054]: See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”.

[^f00055]: 2013 c. 25.

[^f00056]: See section 18(2) of the 2013 Act for the meaning of “existing scheme”.

[^f00057]: See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”.

[^f00058]: 2004 c. 12. Section 237E was amended by the Finance Act 2011, section 66, Schedule 17, Part 1.

[^f00059]: S.I. 2014/2328.

[^f00060]: There is no equivalent in the RFPS 2005 to regulation 19 of the Armed Forces Early Departure Payments Scheme Regulations 2014 (lump sum awards: incapacity for armed forces service) so no ill-health benefits are payable under any scheme in respect of service as a member of the RFPS 2005.

[^f00061]: Schedule 3 is inserted by the Armed Forces Pensions (Transitional Provisions) Regulations 2015.

[^f00062]: This provision applies whether or not the active member of the AFPS 2015 is also a deferred member of the RFPS 2005.

[^f00063]: This provision applies whether or not the pensioner member of the AFPS 2015 is also a deferred member of the RFPS 2005.

[^f00064]: This provision applies whether or not the pensioner member of the AFPS 2015 is also a deferred member of the RFPS 2005.

[^f00065]: In respect of the period of the secondment from 1st April 2015, the member will have an option to make a lump sum contribution to the AFPS 2015 under regulation 97 of the AFP Regulations 2014.

Editorial notes

[^key-472660ce8eec7c150e6a3ac351595235]: Reg. 1 in force at 1.4.2015, see reg. 1(2)

[^key-0700ab5173aaa5788af54e6e0dbaccc9]: Reg. 2 in force at 1.4.2015, see reg. 1(2)

[^key-954c011185e21f455a7d9b4cc131b630]: Reg. 3 in force at 1.4.2015, see reg. 1(2)

[^key-2b3af7c6497ebc1e045bf8034fae0fd8]: Reg. 4 in force at 1.4.2015, see reg. 1(2)

[^key-af31540e66619f34648318be642386a0]: Reg. 5 in force at 1.4.2015, see reg. 1(2)

[^key-28e159b2f80a2579fa57f4d4a280e9f3]: Reg. 6 in force at 1.4.2015, see reg. 1(2)

[^key-ab11428846aa53b794ebce0da5d62f68]: Reg. 7 in force at 1.4.2015, see reg. 1(2)

[^key-8a5edd248721b6ec6c9e41925fc9eb49]: Reg. 8 in force at 1.4.2015, see reg. 1(2)

[^key-c84d89246bffa4710c98e4b4e1c0b6ea]: Reg. 9 in force at 1.4.2015, see reg. 1(2)

[^key-fca9721df81de8f2721d367472553276]: Reg. 10 in force at 1.4.2015, see reg. 1(2)

[^key-f6372ad68e127191f1bac305e8e843f8]: Reg. 11 in force at 1.4.2015, see reg. 1(2)

[^key-00b14d8397fcb258493968c3f8a4f3fa]: Reg. 12 in force at 1.4.2015, see reg. 1(2)

[^key-4ab71f8f231a2a47568b0c4a6d14e205]: Reg. 13 in force at 1.4.2015, see reg. 1(2)

[^key-92cd9b5a91ea82eb52dc05eea0de408a]: Reg. 14 in force at 1.4.2015, see reg. 1(2)

[^key-d9de447a1e0583d3cac8a39864adacfb]: Reg. 15 in force at 1.4.2015, see reg. 1(2)

[^key-f0c7528fa97cc4b0e18381a446f5ef77]: Reg. 16 in force at 1.4.2015, see reg. 1(2)

[^key-0ac177539a9722b452c47ed6d29a00aa]: Reg. 17 in force at 1.4.2015, see reg. 1(2)

[^key-86d6f1ca13dd1193a3ab465757cdde31]: Reg. 18 in force at 1.4.2015, see reg. 1(2)

[^key-d37a5e9a85eeb49f6f45480ae39a1c95]: Reg. 19 in force at 1.4.2015, see reg. 1(2)

[^key-79bf1d222ecb35c0378afe3ac70dbedd]: Reg. 20 in force at 1.4.2015, see reg. 1(2)

[^key-aeb2659d396668c720277fa0e0e3f2ed]: Reg. 21 in force at 1.4.2015, see reg. 1(2)

[^key-a7a80943da24a4bbf62e1af64b5d6a52]: Reg. 22 in force at 1.4.2015, see reg. 1(2)

[^key-81f9bf20f2c0999e842bdf8a51f19fab]: Reg. 23 in force at 1.4.2015, see reg. 1(2)

[^key-3f97a74af41de58c19084a7af0fa9a56]: Reg. 24 in force at 1.4.2015, see reg. 1(2)

[^key-d9f33fd8d44e0a48a23bfd0f25cb3983]: Reg. 25 in force at 1.4.2015, see reg. 1(2)

[^key-e034f2464fc2be06ac9b6f6347d807c2]: Reg. 26 in force at 1.4.2015, see reg. 1(2)

[^key-c4e1740a0563f1764821b3b48e2734ee]: Reg. 27 in force at 1.4.2015, see reg. 1(2)

[^key-93fdb1bc1a8b826ef8e632e8412f7a28]: Reg. 28 in force at 1.4.2015, see reg. 1(2)

[^key-e4bb46e3e5e080260c884e2483a98bae]: Reg. 29 in force at 1.4.2015, see reg. 1(2)

[^key-f5c3d0797625526e9010b75aacf1b30e]: Reg. 30 in force at 1.4.2015, see reg. 1(2)

[^key-89ee7dc75954f8336992120b39379143]: Reg. 31 in force at 1.4.2015, see reg. 1(2)

[^key-c6cabd2fbcada3020b7ffa338c1b701c]: Reg. 32 in force at 1.4.2015, see reg. 1(2)

[^key-b1249c203f8ed64d6f40d81bedbd6b16]: Reg. 33 in force at 1.4.2015, see reg. 1(2)

[^key-b90616afa02be7d690365f15d10d03eb]: Reg. 34 in force at 1.4.2015, see reg. 1(2)

[^key-1e03e9a5ef3853df76db2fe0c7ef141f]: Reg. 35 in force at 1.4.2015, see reg. 1(2)

[^key-3bad59d315b36c24a600385482de5fe4]: Reg. 36 in force at 1.4.2015, see reg. 1(2)

[^key-6d22a35f9488dffac655dce956f26c45]: Reg. 37 in force at 1.4.2015, see reg. 1(2)

[^key-9dac1a79edf4234ce674bb3cdfd8c412]: Reg. 38 in force at 1.4.2015, see reg. 1(2)

[^key-198a1da1199528c140a7d77a4e624248]: Reg. 39 in force at 1.4.2015, see reg. 1(2)

[^key-12568a8fbc09b62e66ab24fd874be21e]: Reg. 40 in force at 1.4.2015, see reg. 1(2)

[^key-c15629c9deffefc19cbc34580e33b0f3]: Reg. 41 in force at 1.4.2015, see reg. 1(2)

[^key-0955c530fabd8a37a33dbd5610508cff]: Reg. 42 in force at 1.4.2015, see reg. 1(2)

[^key-d45c8fb6b6f8324e4b016a0d91c49b17]: Sch. 1 in force at 1.4.2015, see reg. 1(2)

[^key-885dbb4494724367f7e6c509420adcb5]: Sch. 2 in force at 1.4.2015, see reg. 1(2)

[^key-2db10283247fa9ed9ba7c511ddcf8908]: Sch. 3 in force at 1.4.2015, see reg. 1(2)

[^key-934ee8400abaf10babfb8d54e493dadf]: Sch. 4 in force at 1.4.2015, see reg. 1(2)

[^key-940932d2e19e3ee3511ea9f61b526b1a]: Sch. 5 in force at 1.4.2015, see reg. 1(2)