The Armed Forces (Transitional Provisions) Pensions Regulations 2015

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.”.