The Armed Forces Pension Scheme Order 2005

[F1 PART 6 U.K. Miscellaneous transitional provisions

Textual Amendments

F1 Sch. 2 inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), reg. 1(2), Sch. 2

Nomination under the AFPS 2005 continues to have effect U.K.

45.— (1) This paragraph applies if a transition member with continuity of service has not nominated a person under the AFP Regulations 2014 to receive a lump sum death benefit under the AFP Regulations 2014.

(2) An existing nomination has effect as if made under the AFP Regulations 2014 until the transition member makes a nomination under the AFP Regulations 2014.

(3) In this paragraph, “existing nomination” means a nomination which—

(a) was made for the purpose of the AFPS 2005; and

(b) as at T’s transition date, had effect under the AFPS 2005.

Option to buy added years under the AFPS 2005 continues to have effect U.K.

46.— (1) This paragraph applies if a transition member with continuity of service—

(a) has exercised an option under rule C.1(1) (member’s option to pay contributions to increase service) before [F2 the member’s transition date]; and

(b) on [F2 the member’s transition date], the contractual option period is extant.

(2) Periodical payments paid by the member in accordance with Part C of the AFPS 2005 [F3 on or after the member’s transition date] and before the end of the contractual option period are valid for the purposes of Part C, and the contractual option period continues as if the member continued in pensionable service under the AFPS 2005.

Textual Amendments

F2 Words in Sch. 2 para. 46(1) substituted (1.4.2022) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), reg. 1(2), 3(2)(e)(i)

F3 Words in Sch. 2 para. 46(2) substituted (1.4.2022) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), reg. 1(2), 3(2)(e)(ii)

Opting out of AFPS 2015 - contributions under the AFPS 2005 cease to be payable U.K.

47.   If a transition member with continuity of service opts out of the AFPS 2015 any periodical payments paid by the member in accordance with Part C of the AFPS 2005 cease to be payable.

[F4 Purchase of added years for members seconded to NATO or the UN etc U.K.

47A.— (1) This paragraph applies to a transition member with continuity of service (T) if on T’s transition date T is in qualifying service in accordance with rule A.7(1)(b) (qualifying service) of the AFPS 2005.

(2) For rule C.6 (purchase of added years for members seconded to NATO or the UN etc) of the AFPS 2005, substitute—

“C.6.— (1) This rule applies if an active member (T) is seconded during any period—

(a) to the United Nations or the North Atlantic Treaty Organisation, or

(b) under arrangements with any other organisation or person under which persons who are in service as a result of which they are eligible to belong to the Scheme are seconded into other service.

(2) If at the end of that period T resumes service in the armed forces in which T is an active member of the Scheme, T may opt to make a single lump sum contribution to the Scheme to increase T’s reckonable service by an additional period equal to the length of T’s secondment before T’s transition date.

(3) The option may only be exercised if—

(a) T has given notice in writing to the Scheme administrator in such form as the Secretary of State requires; and

(b) T has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014.

(4) If T exercises the option under paragraph (2) and pays a contribution equal to the aggregate amount of—

(a) any contributions returned to T by the pension arrangement to which T belonged in respect of T’s service during the secondment, and

(b) any lump sum paid to T on leaving the organisation or to the person to whom T was seconded as a severance payment,

T is entitled to count the period of T’s secondment before T’s transition date as reckonable service.

(5) If the aggregate amount mentioned in paragraph (4) is less than the amount determined by the Scheme actuary to be the amount required to be paid in order to increase T’s reckonable service by the period of T’s secondment before T’s transition date, the Secretary of State must make a contribution to the Scheme equal to the difference.

(6) If the aggregate amount mentioned in paragraph (4) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015.

(7) In this rule, “transition date” has the meaning given in paragraph 1 of Schedule 2.”]]

Textual Amendments

F4 Sch. 2 para. 47A inserted (1.4.2022 with effect on and after 1.4.2015) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), regs. 1(2), 3(2)(f) (with reg. 3(3))