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The Armed Forces Redundancy Scheme Order 2020

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General interpretationU.K.

This section has no associated Explanatory Memorandum

1.  In this Schedule—

“active member” in relation to a member of a pension scheme, has the meaning given in section 124(1) of the Pensions Act 1995(1);

“additional duties commitment” means a commitment under section 25 of the Reserve Forces Act 1996(2);

“annualised relevant earnings” has the meaning given in paragraph 3(3);

“AFPS 1975” means the occupational pension scheme arrangements known as the Armed Forces Pension Scheme 1975 and set out in—

(a)

the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(3);

(b)

the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(4); and

(c)

the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(5);

“AFPS 2005” means the Armed Forces Pension Scheme 2005 established by the Armed Forces Pension Scheme Order 2005(6);

“AFPS 2015” means the pension scheme established by the Armed Forces Pension Regulations 2014(7);

“AFRS 2006” means the Armed Forces Redundancy Scheme 2006, established by the Armed Forces Redundancy Scheme Order 2006(8);

“AFRS 2010” means the Armed Forces Redundancy Scheme 2010, established by the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010(9);

“AFRS 2020” means the Armed Forces Redundancy Scheme 2020;

[F1Chapter 1 legacy scheme” means a legacy pension Scheme, within the meaning of Chapter 1 of PSPJOA 2022, for the armed forces and reserve forces under which service in the—

(a)

regular forces, or

(b)

reserve forces under sections 24 or 25 of the Reserve Forces Act 1996,

is pensionable;]

“commitment period”, in relation to a member of the armed forces, means the period for which the person’s terms of service commit them to serve;

“EDP 2015 payments” mean payments under regulation 9 of the Armed Forces Early Departure Payments Scheme Regulations 2014(10);

“EDP 2005 payments” mean payments under article 9 of the Armed Forces Early Departure Payments Scheme Order 2005(11);

“eligible person” means a person who is eligible within the meaning of paragraph 7;

“final relevant earnings” has the meaning given in paragraph 3;

“flexible service” means one or both of the following types of service—

(a)

part-time service;

(b)

restricted separation service,

and references to a member serving on flexible terms must be construed accordingly;

“FTRS commitment” means a full time reserve service commitment under section 24 of the Reserve Forces Act 1996(12);

“maximum pension”, in relation to any person, means a pension calculated by reference to the highest number of years of reckonable service that may be used in that calculation;

“part-time service” means—

(a)

for enlisted members, a period of service where the member is serving in accordance with an arrangement provided for in regulations made under section 329(2)(ha) of the Armed Forces Act 2006(13);

(b)

for members who are officers, a period of service on equivalent terms of service;

[F1PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;]

“redundancy qualifying service” has the meaning given in paragraph 5;

“relevant earnings” has the meaning given in paragraph 4;

[F1remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Chapter 1 legacy scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;]

[F1remedy member” means a member with remediable service;]

“restricted separation service” means—

(a)

for enlisted members, a period of service where the member is serving in accordance with an arrangement which does not restrict the member’s service in a particular area but does make it subject to other geographic restrictions provided for in regulations made under section 329(2)(i) of the Armed Forces Act 2006;

(b)

for members who are officers, a period of service on equivalent terms of service;

[F1section 6 election” means an election under section 6 of PSPJOA 2022 for Scheme benefits made—

(a)

under the rules of a Chapter 1 legacy scheme, and

(b)

by a remedy member.]

“service reduction percentage” has the meaning given in paragraph 2.

Textual Amendments

Commencement Information

I1Sch. para. 1 in force at 1.1.2021, see art. 1(b)

(3)

The rules of the AFPS 1975 in relation to former members of the Navy and Royal Marines are stated in Schedule 1 to the Order, as substituted by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, and as amended by further Orders.

(4)

The rules of the AFPS 1975 in relation to former members of the Army are stated in Schedule 1 to the Warrant, as substituted by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010, and as amended by further Warrants.

(5)

The rules of the AFPS 1975 in relation to former members of the Royal Air Force are stated in Schedule 1 to the Order, as substituted by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, and as amended by further Orders.

(6)

S.I. 2005/438 as amended.

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