The Armed Forces Pensions (Amendment) Regulations 2022

Amendment of the Armed Forces Pension Scheme 1975

2.—(1) The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(1), the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(2) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(3) are amended as follows.

(2) In Schedule 3 (transitional provision for the Armed Forces Pension Scheme 1975) to each instrument—

(a) in paragraph 1 (interpretation), for the definition of “transition date”, substitute—

““transition date” in relation to a transition member means—

(a)

in the case of a member who ceased to be a full protection member of the AFPS 1975 in accordance with paragraph 4(3)(b), 1st April 2022;

(b)

in any other case, 1st April 2015 or, if later, the day a person ceased to be a full protection member of the AFPS 1975;”;

(b) in paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “1st April 2015” substitute “T’s transition date”;

(c) in paragraph 4 (full protection members of the AFPS 1975), for sub-paragraph (3), substitute—

“(3) P ceases to be a full protection member of the AFPS 1975 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022.”;

(d) omit paragraph 44 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment);

(e) in paragraph 48 (purchase of additional reckonable service in respect of period on loan)—

(i) in sub-paragraph (1), for “1st April 2015” substitute “the member’s transition date”;

(ii) in sub-paragraph (2)—

(aa) in paragraph (1) of the substituted rule C.3 (purchase of additional reckonable service), for “1st April 2015” substitute “the member’s transition date”;

(bb) for paragraph (2) of the substituted rule C.3, substitute—

“(2) The option may only be exercised—

(a) within the period of twelve months beginning with the day after that on which the secondment period ended, unless the Scheme administrator permits otherwise; and

(b) if the member has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014.”;

(cc) after paragraph (5) of the substituted rule C.3, insert—

“(6) If the amount given by paragraph (3) 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.”;

(f) in paragraph 49 (option to buy additional reckonable service under the AFPS 1975 continues to have effect), in sub-paragraph (2), for “after 31st March 2015” substitute “on or after the member’s transition date”.

(3) Paragraph (2)(e) has effect on and after 1st April 2015.

(1)

This order (“the Naval Pensions Order”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Navy and Royal Marines. Schedule 1 to the Naval Pensions Order was revoked and replaced with a revised Schedule 1 by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010. Schedule 3 to the Naval Pensions Order was inserted by S.I. 2015/568. There are other amending instruments but none is relevant. Copies of those instruments which are not statutory instruments can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Level 6 Zone M, Whitehall, London SW1A 2HB.

(2)

This warrant (“the Army Pensions Warrant”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Army. Schedule 1 to the Army Pensions Warrant was revoked and replaced with a revised Schedule 1 by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010. Schedule 3 to the Army Pensions Warrant was inserted by S.I. 2015/568. There are other amending instruments but none is relevant. Copies of those instruments which are not statutory instruments can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Level 6 Zone M, Whitehall, London SW1A 2HB.

(3)

This order (“the Air Force Pensions Order”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Royal Air Force. Schedule 1 to the Air Force Pensions Order was revoked and replaced with a revised Schedule 1 by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010. Schedule 3 to the Air Force Pensions Order was inserted by S.I. 2015/568. There are other amending instruments but none is relevant. Copies of those instruments which are not statutory instruments can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Level 6 Zone M, Whitehall, London SW1A 2HB.