The Armed Forces Pension Scheme Order 2005

E.7.    Adult dependants entitled to two or more pensions under this Part U.K.

(1) This rule applies if—

(a) pensions are payable to a person under rule E.1 or E.2 in respect of more than one deceased member, and

(b) the total reference service for the pensions exceeds the dependant’s maximum.

(2) In this rule “reference service” means—

(a) in the case of a pension calculated under rule E.3, the higher of the figures given by rule E.3(2)(a) and (b),

(b) in the case of a pension calculated under rule E.4, the figure by which the appropriate fraction of the member’s final pensionable earnings is multiplied under rule E.4(1), and

(c) in the case of a pension calculated under rule E.5—

(i) if the member’s pension was calculated under rule D.1(3), D.2(3) or D.7(2), the reckonable service mentioned in that rule,

(ii) if the member’s pension was calculated under rule D.4(4), the reckonable service used for the first calculation mentioned in that rule, and

(iii) if the member’s pension was calculated under rule D.5(4) or D.6(2), N for the purposes of that rule.

(3) In this rule “the dependant’s maximum” means—

(a) if none of the deceased members' reckonable service exceeded 35 years, 35 years,

(b) if one (and only one) of the deceased members' reckonable service exceeded 35 years, that member’s reckonable service (but not exceeding 37 1/3 years), and

(c) if two or more of the deceased members' reckonable service exceeded 35 years, the reckonable service of the member with the greatest reckonable service (but not exceeding 37 1/3 years).

(4) The total amount of the pensions payable as mentioned in paragraph (1) immediately after the death, excluding any amount that is attributable to any increase made as a result of rule D.10 (member’s option to exchange lump sum for pension), must not exceed such amount as results from the pensions being calculated by reference to the dependant’s maximum.

(5) In determining the amount of each of the pensions so payable to arrive at that total amount, the reference service for the pensions is to be reduced in such a manner as results in the greatest total amount.

(6) In determining for the purposes of the Scheme whether a pension is payable under rule E.1 or E.2, the fact that the amount of any pension that would otherwise be payable under that rule is reduced to nil as a result of this rule is to be disregarded.