The Armed Forces Pensions (Remediable Service) Regulations 2023

Part 7 AMENDMENT OF THE RESERVE FORCES NON REGULAR PERMANENT STAFF (PENSION AND ATTRIBUTABLE BENEFITS SCHEMES) REGULATIONS 2011

Amendment of the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

26.  The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(1) (“2011 Regulations”) are amended as follows.

New regulation 3B: Schedule 4 (remediable service)

27.  After regulation 3A (transitional provision), insert—

“Schedule 4: Remediable Service

3B.   Schedule 4 (remediable service) makes provision for remediable service.”.

Schedule 1: The Non Regular Permanent Staff Pension Scheme

28.—(1) Schedule 1 (The Non Regular Permanent Staff Pension Scheme) to the 2011 Regulations is amended in accordance with this regulation.

(2) In rule A.1 (interpretation general), in sub-paragraph (2)—

(a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 3 and 4;”;

(b) insert in the appropriate places the following—

““AFP Regulations 2014” means the Armed Forces Pension Regulations 2014;

“AFPS 2015” means the pension Scheme established by the AFP Regulations 2014;

“AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

(3) In rule A.2 (reckonable service), after paragraph (1) insert—

“(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.”.

Schedule 3: Transitional Provision for the Non Regular Permanent Staff Pension Scheme

29.—(1) Schedule 3 (transitional provision) to the 2011 Regulations is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”.

(3) In paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”.

(4) In paragraph 4 (full protection members of the NRPS 2011), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

Schedule 4: Remediable service for the NRPS 2011

30.  After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 6 to this instrument.

(1)

These Regulations establish the Non Regular Permanent Staff Pension Scheme. These Regulations are made under sections 4, 6 and 8 of the Reserve Forces Act 1996 (c. 14) and are not made by statutory instrument. The Regulations were amended by S.I. 2015/568 which inserted Schedule 3 and S.I. 2022/323. There are other amending instruments but none is relevant. Hard copies of those instruments which are not statutory instruments can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.