(This note is not part of the Order)
Part 2 of the Order amends rule G.4 of the Armed Forces Pension Scheme 2005.
Rule G.4 gives active members of AFPS 2005 who have previous service as an active member of AFPS 1975 after a gap in service the option of aggregating their AFPS 1975 service (or their last period of AFPS 1975 service if there is more than one period) with their AFPS 2005 service so that it counts towards their AFPS 2005 pension. Paragraph 3 of this Order amends that rule by removing the requirement that the AFPS 1975 service ended before 6th April 2005. Paragraph 3 also renders valid (from the time this Order comes into force) options to aggregate periods of AFPS 1975 service into an AFPS 2005 pension, that were purportedly exercised by individuals under rule G.4, but which were not valid options at the time they had been purportedly exercised because the period of service did not end before 6th April 2005, as required by rule G.4. Finally, paragraph 3 gives people who left service between 1st January 2012 and 15th December 2013 without having exercised the option of aggregating their AFPS 1975 service with their AFPS 2005 service under rule G.4, the option of now doing so.
Part 3 of the Order amends articles 4 and 12 of the Armed Forces Early Departure Payments Scheme Order 2005.
Article 4 defines the meaning of “relevant service”. The term “relevant service” is used to determine eligibility for benefits in the scheme and, in some cases, the amount of the benefit. Former active members of the AFPS 1975 who rejoined the service as members of the AFPS 2005 had the option to aggregate their AFPS 1975 service with their AFPS 2005 service for pension purposes, which meant that their previous AFPS 1975 service counted as relevant service for the purpose of early departure benefits under the EDP 2005. This amendment means that a member’s previous AFPS 1975 service can now count as “relevant service” under the EDP Order without the member having opted to aggregate that service for pension purposes, but only for the purpose of assessing the member’s entitlement to a resettlement grant under article 14 of the EDP 2005.
Article 12 sets out the effect of rejoining the armed forces on those who are receiving early departure payments. Some members who are in receipt of early departure payments and who rejoin the armed forces are re-engaged at a significantly lower rank and pay scale. Article 12 allows early departure payments to be recalculated for those members who were previously in receipt of payments, at the end of their subsequent period of service. The amendment ensures that where a lower salary during the second period of service results in a lower early departure payment, the former payment is revived instead.