5.—(1) In this Schedule, and subject to sub-paragraph (2), “redundancy qualifying service” means pensionable service in the AFPS 2015, or service that would have been pensionable service in the AFPS 2015 had the person not opted to cease to be an active member of that scheme.
[F1(1A) For the purposes of this Schedule, where a remedy member of a Chapter 1 legacy scheme makes a section 6 election under the rules of the relevant legacy pension Scheme, their remediable service in that Scheme—
(a)is treated as though it had been pensionable service in the AFPS 2015, and
(b)is not treated as if it had been pensionable service in the relevant Chapter 1 legacy pension Scheme.]
(2) “Redundancy qualifying service”—
(a)does not include any service before a gap in service, where that gap is 5 years or more,
(b)does not include any service by a person while serving as a member of the non regular permanent staff,
(c)does not include any period of unauthorised absence from service,
(d)does not include any period of unpaid leave in respect of which a person is not treated as receiving assumed pay and “assumed pay” has the same meaning as in section 24 of the Armed Forces Pension Regulations 2014(1),
(e)does not include any period of service detention and “service detention” has the same meaning as in section 374 of the Armed Forces Act 2006(2), and
(f)does not include any period of imprisonment.
(3) Where a person has served on flexible terms, the person’s redundancy qualifying service for each period of such service, calculated for the purposes of sub-paragraph (1), is reduced by the service reduction percentage applicable to that period of flexible service.
(4) For the purposes of paragraphs 9, 10 and 11, pensionable service in the AFPS 2015 is pensionable service as a member of the regular forces.
Textual Amendments
F1Sch. para. 5(1A) inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 40(3)
Commencement Information
I1Sch. para. 5 in force at 1.1.2021, see art. 1(b)