The Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme (Amendment) Order 2014

• Citation: S.I. 2014/2958
• Sections: 5

Section 1 Citation and commencement

(1) This Order may be cited as the Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme (Amendment) Order 2014.

(2) The Order comes into force on 17th December 2014.

Section 2 Interpretation

In this Order—

“ AFPS Order 2005” means the Armed Forces Pension Scheme Order 2005 ; and

“the EDP Order 2005” means the Armed Forces Early Departure Payments Scheme Order 2005 .

Section 3 Amendment to rule G.4 of the AFPS Order 2005 (option to aggregate etc )

(1) In rule G.4 of the AFPS Order 2005 (option to aggregate earlier membership: previous members of the AFPS 1975) paragraph (1) is amended by omitting the words “which ended before 6th April 2005”.

(2) After paragraph (1) the following paragraph is inserted—

(1A) This rule also applies in the case of a member to whom rule G.3 does not apply who was awarded a preserved pension and lump sum under the AFPS 1975 in respect of qualifying and reckonable service, and who left service on or after 1st January 2012 and before 16th December 2013 without having exercised an option under this rule.

(3) After paragraph (4) the following paragraph is inserted—

(5) Where a person whose period of AFPS 1975 service ended on or after 6th April 2005 has exercised an option under this rule in accordance with the procedure set out in rule G.5(2), that option is to be regarded as valid.

Section 4 Amendment to article 4 (meaning of “relevant service”) of the EDP Order 2005

Article 4 (meaning of “relevant service”) of the EDP Order 2005 is amended by—

(a) numbering the existing text as (1),

(b) in sub-paragraph (f) for “sub-paragraph (g)” substituting “paragraph (2)”,

(c) for sub-paragraph (g) substituting—

(2) Subject to paragraph (3), for the purposes of paragraph 1(f)—

(a) a period of service is only to be regarded as relevant service where—

(i) the person has exercised the option to aggregate that period of service with current service for pensions purposes under Part G of the Armed Forces Pension Scheme Order 2005, and

(ii) the person has not received any payments in respect of a pension payable under AFPS 1975 in respect of that period of service.

(3) For the purposes of assessing entitlement to a resettlement grant under article 14 paragraph (2) does not apply.

Section 5 Amendment to article 12 (effect of rejoining armed forces etc) of the EDP Order 2005

Article 12 (effect of rejoining armed forces or entering certain reserve forces service on article 9 award) of the EDP Order 2005 is amended by inserting after paragraph(4)—

(4A) For the purposes of paragraph (3)(b)—

(a) a person is to receive a fresh entitlement under article 9 where the award exceeds the person’s former entitlement under article 9,

(b) where a fresh entitlement would not exceed the former entitlement, the former entitlement revives instead.