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The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) Order 2010
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Repayment of resettlement commutation and abatement
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31.—(1) Where a person leaves the armed forces with an immediate entitlement to pension, (“the old service”) and later rejoins (“the new service”), that person’s pay under the new service, combined with the existing pension in respect of their old service, shall not exceed the rate of pay (uprated for inflation), on the day before their old service ended.
(2) If the pay under the new service and existing pension exceeds pay in the old service, the difference shall be deducted from pension.
(3) Where a person leaves the armed forces having taken a lump sum under the AFRCS 2010, that person shall commence repayment of the lump sum with immediate effect.
(4) Where a person having taken resettlement commutation later rejoins the armed forces in a post where the pay in the new service combined with existing pension exceeds pay in the old service, the difference shall be repaid in accordance with paragraph (2) and the repayment due in relation to the resettlement commutation sum shall be deducted from that revised sum.
(5) Any deductions under paragraphs (2) and (4) shall be made from pension, with any shortfall immediately repayable.
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