The Armed Forces Pensions (Remediable Service) Regulations 2023

Part 4: The Armed Forces Resettlement Commutation Scheme 2010

38.—(1) Part 4 of the RRGES Order (the Armed Forces Resettlement Commutation Scheme) is amended in accordance with this regulation.

(2) In article 28 (application)—

(a) article 28 stands as paragraph (1);

(b) after paragraph (1) insert—

“(2) This Part is subject to article 30A (remediable service).”.

(3) In article 29 (resettlement commutation), in paragraph (3) omit “Subject to paragraph (4)”.

(4) After article 30 (factors affecting the amount of commutable pension), insert—

“Remediable Service

30A.— (1) This article applies where a remedy member (“M”) has commuted part of their pension under this Part before 1st October 2023.

(2) Where M makes a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service) to the AFPS 1975—

(a) M is treated for the purposes of the AFRCS 2010 as a transition member with a transition date of 1st April 2015;

(b) in article 30(1A), for the purposes of calculating—

(i) “C”, AFPS 1975 service does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made;

(ii) “D”—

(aa) reckonable service in the AFPS 1975 does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made, and

(bb) pensionable service in the AFPS 2015 includes the period of remediable service in the AFPS 1975 in respect of which the decision was made.”.