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- Point in Time (01/10/2023)
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Point in time view as at 01/10/2023.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.8.
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(1) In these Rules references to a member’s reckonable service or the period of reckonable service that a member can count 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 additional period the member is entitled to count as reckonable service under rule C.3 (effect of making contributions),
(c)any additional period the member is entitled to count under rule C.6 (purchase of added years for members seconded to NATO or the UN etc.),
(d)in the case of a person in respect of whom a transfer value in respect of his rights under another pension arrangement has been accepted under Part F (transfers), the reckonable service he is entitled to count as a result of the transfer,
(e)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 reckonable service he is entitled to count as a result, F1...
(f)in the case of an AFPS 1975 transferee, the reckonable service he is entitled to count under the Scheme under rules K.3 to K.5. F2...
[F3(g)in the case of a Gurkha Pension Scheme transferee, the reckonable service the member is entitled to count under the Scheme under rule L.4 or L.5[F4,]]
[F5(h)in the case of a person whose service was gratuity-earning service before its terms were changed and the person meets the condition in rule A.7(1A), that period of gratuity-earning service, and
(i)in the case of a person who was paid a gratuity on the satisfactory completion of gratuity-earning service (as so defined) 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.]
This paragraph is subject to [F6paragraphs (2) and (3)] and to Part G (see, in particular, rule G.2).
(2) The reckonable service of a member may not exceed 40 years and to the extent that any rule requires any assumptions to be made as a result of which that limit would be exceeded it is to be disregarded.
[F7(3) Where a member has served on flexible terms, the reckonable service the member is entitled to count for each period of such service is reduced by the service reduction percentage applicable to that period of flexible service.]
[F8(4) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 11(1)(a) of Schedule 3 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of this Scheme.]
Textual Amendments
F1Word in Sch. 1 rule A.8(1) omitted (1.10.2007) by virtue of The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(4)(a)
F2Word in Sch. 1 rule A.8(1)(f) omitted (6.4.2009) by virtue of The Armed Forces Pension Scheme etc. (Amendment) Order 2009 (S.I. 2009/544), arts. 1(1), 8(2)(a)
F3Sch. 1 rule A.8(1)(g) inserted (1.10.2007) by The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(4)(b)
F4Sch. 1 rule A.8(1)(g): 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(2)(b)
F5Sch. 1 rule A.8(1)(h)(i) inserted (6.4.2009) by The Armed Forces Pension Scheme etc. (Amendment) Order 2009 (S.I. 2009/544), arts. 1(1), 8(2)(c)
F6Words in Sch. 1 rule A.8(1) substituted (1.4.2019) by The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1111), regs. 1(3), 2(5)(a)
F7Sch. 1 rule A.8(3) inserted (1.4.2019) by The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1111), regs. 1(3), 2(5)(b)
F8Words in Sch. 1 rule A.8(4) inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 8(3)
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