The Armed Forces (Transitional Provisions) Pensions Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/568 |
2015 No. 568
Public Service Pensions
The Armed Forces (Transitional Provisions) Pensions Regulations 2015
Made 3rd March 2015
Laid before Parliament 9th March 2015
Coming into force 1st April 2015
The Secretary of State for Defence makes these Regulations in exercise of the powers conferred by sections 1(1)1and (2)(h)2, 2(1)3, 3(1) to (4), and 18(5) of the Public Service Pensions Act 20134.
In accordance with section 3(5) of that Act, these Regulations are made with consent of the Treasury.
PART 1
Preliminary
Citation and commencement
1.—(1) These Regulations may be cited as the Armed Forces (Transitional Provisions) Pensions Regulations 2015.
(2) These Regulations come into force on 1st April 2015.
Interpretation
2. In these Regulations—
“AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 20145;
“EDP 2015” means the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 20146.
PART 2
Amendments to the Armed Forces Pension Scheme 1975
Amendment of the Armed Forces Pensions Scheme 1975
3. The Armed Forces Pension Scheme 19757(“the AFPS 1975”) is amended according to the provisions in this Part.
Amendment of Rule A.1 in Schedule 1 to the AFPS 1975
4. In the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 20108(the “Naval Pensions Order”), the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 20109(the “Army Pensions Warrant”) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201010(the “Air Force Pensions Order”), rule A.1 in Schedule 1 (General interpretation) is amended by inserting at the appropriate places—
“(a)
“(a) “AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 201411;”; and
“(b)
“(b) “transition date” has the same meaning as specified in paragraph 1 of Schedule 3 to this Instrument;”.
Amendment of Rule H.1 in Schedule 1 to the AFPS 1975
5. In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.1 in Schedule 1 (Further pensionable service: general rule) is amended by inserting into paragraph (1) after “further pensionable service” the following: “including service by virtue of which the person is eligible for membership of the Armed Forces Pension Scheme 201512(“AFPS 2015”)”.
Amendment of Rule H.3 in Schedule 1 to the AFPS 1975
6. In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.3 in Schedule 1 (Service on lower pay) is amended by—
(a) inserting into sub-paragraph (1)(a) after “further pensionable service” the following: “including service by virtue of which the person is eligible for membership of the AFPS 2015”; and
(b) in paragraph (3), inserting after “A is the annual amount of the pension” the following: “which includes, in the case of an AFPS 2015 pensioner, their AFPS 2015 pension”.
Amendment of Rule H.4 in Schedule 1 to the AFPS 1975
7. In the Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order, rule H.4 in Schedule 1 (Reserve Service) is amended by—
(a) inserting into paragraph (1) after “in reserve service” the following: “including service by virtue of which the person is eligible for membership of the AFPS 2015”; and
(b) in paragraph (3), inserting after “A is the annual amount of the pension” the following: “which includes, in the case of an AFPS 2015 pensioner, their AFPS 2015 pension”.
Insertion of new Schedules
8. The Naval Pensions Order, the Army Pensions Warrant and the Air Force Pensions Order are each amended by inserting, after Schedule 2 in each case, the new Schedule 3 contained in Schedule 1 to this Instrument, which has effect.
PART 3
Amendments to the Armed Forces Pension Scheme 2005
Amendment of the Armed Forces Pensions Scheme 2005
9. The Armed Forces Pension Scheme 200513is amended according to the provisions in this Part.
Insertion of new article 5 into the AFPS Order 2005
10. The Armed Forces Pension Scheme Order 200514(“the AFPS Order 2005”) is amended by inserting after article 4 the following new article—
“Closure of Scheme and transitional provision
5.—(1) Schedule 2 (Transitional Provision) has effect.
(2) After 31st March 2015, the Scheme is closed to new members except where provided for in Schedule 2.”.
Amendment of rule A.1 in Schedule 1 to the AFPS Order 2005
11. Rule A.1(interpretation: general) in Schedule 1 to the AFPS Order 2005 is amended by inserting at the appropriate place—
““AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 201415;”;
Amendment of rule H.1 in Schedule 1 to the AFPS Order 2005
12. Rule H.1(application of Part H) in Schedule 1 to the AFPS Order 2005 is amended by—
(a) in paragraph (1), after “pensioner member or deferred member of the Scheme” inserting “(whether or not they are also a pensioner member of the AFPS 2015)”;
(b) after paragraph (1)(b), inserting—
“or
(c)
(c) is re-engaged in service by virtue of which the person is eligible for membership of the AFPS 2015,”;
(c) after paragraph (2)(b), omitting “and”; and
(d) after paragraph (2)(c), inserting—
“and
(d)
(d) where sub-paragraph (1)(c) applies, the “old service pension” includes any AFPS 2015 pension.”.
Insertion of new Schedule into the AFPS Order 2005
13. The AFPS Order 2005 is amended by the insertion after Schedule 1 to the new Schedule 2 contained in Schedule 2 to this Instrument16.
PART 4
Amendments to the Armed Forces Early Departure Payments Scheme 2005
Amendment of the Armed Forces Early Departure Payments Scheme 2005
14. The Armed Forces Early Departure Payments Scheme 200517is amended according to the provisions in this Part.
Amendment of article 3 (general interpretation) of the EDP Order 2005
15. Article 3 (general interpretation) of the Armed Forces Early Departure Payments Scheme Order 200518(“the EDP Order 2005”) is amended by inserting at the appropriate places—
(a) ““AFPS 2015” means the scheme established by the Armed Forces Pension Regulations 2014 (“the AFP Regulations 2014”);”,
(b) ““EDP 2015” means the scheme established by the Armed Forces Early Departure Payments Scheme Regulations 2014;”,
(c) ““transition date” in relation to a person with dual entitlement means 1st April 2015 or, if later, the day on which a person ceased to be a full protection member of the AFPS 2005;”, and
(d) ““full protection member” has the meaning given in Part 2 of Schedule 2 to the Armed Forces Pension Scheme Order 200519;”.
Insertion of new article 3A in the EDP Order 2005
16. The EDP Order 2005 is amended by, after article 3, inserting the following new article—
“Meaning of “a person with dual entitlement”
3A.—(1) For the purposes of the Scheme “a person with dual entitlement” means, subject to paragraph (2), a person who—
(a)
(a) is a member of AFPS 2005 by virtue of their pensionable service under the AFPS 2005, or
(b)
(b) was eligible to have been a member of AFPS 2005, and
(c)
(c) is also a member of the AFPS 2015 by virtue of their pensionable service under the AFPS 2015, or
(d)
(d) was eligible to have been a member of the AFPS 2015 on or after 1st April 2015.
(2) A person is not a person with dual entitlement where the gap between the last day of service or eligibility at paragraph (1)(a) or (b) as the case requires and the first day of service or eligibility at paragraph (1)(c) or (d) as the case requires exceeds 5 years.”.
Amendment of article 4 (meaning of “relevant service”) of the EDP Order 2005
17. Article 4 of the EDP Order 2005 is amended by, after paragraph (3), inserting—
“4 In the case of a person with dual entitlement, service on or after the transition date —
(a) is relevant service for the purposes of article 6(1) and (5),
(b) is relevant service for the purposes of article 8(4),
(c) is relevant service for the purposes of article 10(4)(a) and (b),
(d) is relevant service for the purposes of article 16(1)(b),
(e) is not relevant service for the purposes of article 5(a).”.
Amendment of article 8 (eligibility for early departure payments) of the EDP Order 2005
18. Article 8(5) of the EDP Order 2005 is amended by—
(a) omitting “or” at the end of sub-paragraph (a),
(b) after paragraph (b) inserting—
“(c)
“(c) regulation 51 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with permanent serious ill-health), or
(d)
(d) regulation 52 of the AFP Regulations 2014 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment).”.
Amendment of article 10 (amount of payments under article...
To continue reading
Request your trial