The Armed Forces Pension Scheme Order 2005

[F1Information provided on or after 1st October 2023: pension debit adjustmentU.K.
This section has no associated Explanatory Memorandum

35.—(1) This paragraph applies where—

(a)D’s remediable relevant benefits are subject to a pension debit by virtue of a relevant pension sharing order, and

(b)an immediate choice decision under paragraph 9(1)(a) or a deferred choice decision under paragraph 13(1)(a) is made or treated as being made under this Schedule or the relevant provisions of the Schedule to the EDP 2005 Order in relation to D’s remediable service.

(2) The Scheme manager must determine the appropriate amount under section 29(1)(a) of WRPA 1999 in relation to D’s remediable relevant benefits as if those remediable relevant benefits had been secured in the reformed scheme on the transfer day.

(3) The Scheme manager must adjust D’s pension account to reflect the appropriate amount determined under sub-paragraph (2) in respect of D’s remediable relevant benefits.

(4) An adjustment under sub-paragraph (3) takes effect as if it had been on the transfer day.

(5) For the purposes of sub-paragraph (2), the Scheme manager must have regard to—

(a)the remediable relevant benefits on the valuation day as if they had been remediable relevant benefits secured in the reformed scheme on the transfer day,

(b)the percentage value or the amount to be transferred specified in the relevant pension sharing order, and

(c)the provisions of sections 29 and 31 of WRPA 1999.]

Textual Amendments