The Armed Forces Pension Scheme Order 2005

F.8.    Procedure for applications under rule F.7U.K.
This adran has no associated Memorandwm Esboniadol

(1) An application under rule F.7—

(a)must be made in writing,

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

(c)must be made before the beginning of the period of one year ending with the date on which the member reaches pension F1... age.

But sub-paragraph (c) is subject to paragraph (2).

(2) In the case of a transfer value payment to be made under the public sector transfer arrangements [F2or to which paragraph (3) applies], the application under rule F.7—

[F3(a)in the case of a transfer value payment to be made under the public sector transfer arrangements, must be made during the period of one year beginning with the day on which the member becomes eligible to be an active member,

(aa)in the case of a transfer value payment to which paragraph (3) applies, must be made during the period of one year beginning with the relevant day, unless paragraph (4) applies, and]

(b)must be received by the Scheme administrator before the applicant reaches the age which is the normal pension age under the scheme by which the transfer value payment is to be made.

[F4(3) This paragraph applies to—

(a)a transfer value payment from a personal pension scheme, or

(b)a transfer value payment relating only to voluntary contribution rights.

(4) This paragraph applies in the case of a transfer value payment within paragraph (3)(b) (“the relevant payment”) if—

(a)the applicant is also applying for the Scheme to accept a transfer value payment from a different occupational pension scheme from that by which the relevant payment is payable (“the second scheme”),

(b)the second scheme relates to the same employment as that to which the scheme by which the relevant payment is payable relates, and

(c)the transfer value payment payable by the second scheme relates to rights that are or include rights that are not voluntary contribution rights.

(5) In this article—

“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993,

“relevant date” means the day on which the applicant becomes eligible to be an active member of the scheme or 6th April 2006, whichever is the later, and

“voluntary contribution rights” means rights under an occupational pension scheme that derive from voluntary contributions made by the applicant.]

Textual Amendments

F3Sch. 1 rules F.8(2)(a)(aa) substituted for Sch. 1 rule F.8(2)(a) (6.4.2006) by The Armed Forces Pension Scheme etc. (Amendment) Order 2006 (S.I. 2006/717), arts. 1(2), 9(b)