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Point in time view as at 01/10/2023.
There are currently no known outstanding effects for the The Armed Forces Pension Scheme Order 2005, Paragraph A.7.
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(1) In these Rules references to a member’s qualifying service, in relation to the Scheme, are references to the aggregate of the following periods—
(a)the period during which the member is in service in respect of which he—
(i)receives earnings that are pensionable earnings for the purposes of the Scheme, or
(ii)is treated under rule A.3 as receiving assumed pay,
(b)any period for which the member is in service to which rule C.6 applies (secondment to NATO or the UN etc.),
(c)in the case of a member who exercises an option under rule G.3 or G.4 for an earlier period of service to be aggregated, the qualifying service he is entitled to count as a result, F1...
(d)in the case of an AFPS 1975 transferee, the qualifying service he is entitled to count under the Scheme under rules K.3 to K.5. F2...
[F3(e)in the case of a Gurkha Pension Scheme transferee, the qualifying service the member is entitled to count under the Scheme under rule L.4 or L.5[F4,]]
[F5(f)in the case of a person whose service was gratuity-earning service before its terms were changed and who meets the condition in paragraph (1A), that period of gratuity-earning service, and
(g)in the case of a person who was paid a gratuity on the satisfactory completion of gratuity-earning service and has repaid that gratuity together with interest at the Bank of England base rate, calculated on a monthly basis, from the day after the last day of service in respect of which the gratuity was awarded to the day before the date of re-entry within the period of one year of becoming an active member of this Scheme, that completed service.
(1A) The condition referred to in paragraph (1)(f) and rule A.8(1)(h) is that the person has surrendered all rights to a gratuity in respect of the gratuity-earning service in consideration for which the person becomes eligible for membership of this Scheme.]
(2) In the case of a person in respect of whom a transfer value in respect of his rights under another occupational pension scheme has been accepted under Part F (transfers), any period during which the person was an active member in any scheme in respect of which those rights accrued counts as qualifying service for the purposes of rules D.2(1)(a), D.5(1)(b), D.6(1)(b) and D.7(1)(b) (entitlement to pensions).
Textual Amendments
F1Word in Sch. 1 rule A.7(1) omitted (1.10.2007) by virtue of The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(3)(a)
F2Word in Sch. 1 rule A.7(1)(d) omitted (6.4.2009) by virtue of The Armed Forces Pension Scheme etc. (Amendment) Order 2009 (S.I. 2009/544), arts. 1(1), 8(1)(a)
F3Sch. 1 rule A.7(1)(e) inserted (1.10.2007) by The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(3)(b)
F4Sch. 1 rule A.7(1)(e): comma substituted for full stop (6.4.2009) by The Armed Forces Pension Scheme etc. (Amendment) Order 2009 (S.I. 2009/544), arts. 1(1), 8(1)(b)
F5Sch. 1 rules A.7(1)(f), (g), (1A) inserted (6.4.2009) by The Armed Forces Pension Scheme etc. (Amendment) Order 2009 (S.I. 2009/544), arts. 1(1), 8(1)(c)
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