The Armed Forces Pension Scheme etc. (Amendment) Order 2006

Applications to transfer in under rule F.7

9.  In rule F.8 of the Scheme (procedure for applications under rule F.7)—

(a) in paragraph (2) (under which an application for a transfer value payment to be accepted by the Scheme under the public sector transfer arrangements must be made within one year of the member becoming eligible to be a member of the Scheme) after “public sector transfer arrangements” insert “or to which paragraph (3) applies”,

(b) for sub-paragraph (a) of paragraph (2) substitute—

“(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”.

(c) after paragraph (2) add—

“(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.”.