Legislation – The Armed Forces Pensions (Remediable Service) Regulations 2023
Part 5AMENDMENT OF THE RESERVE FORCES PENSION SCHEME ORDER 2005
Amendment of the Reserve Forces Pension Scheme Regulations 200516.
New regulation 4: Schedule 4 (remediable service)17.
“Schedule 4: Remediable Service4.
Schedule 4 (remediable service) makes provision about remediable service.”.
Schedule 1: The Reserve Forces Pension Scheme 200518.
(1)
Schedule 1 (The Reserve Forces Pension Scheme 2005) to the 2005 Regulations is amended in accordance with this regulation.
(2)
““AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;
“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
“remediable 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 the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“remedy member” means a member with remediable service;
“Scheme manager” means the Secretary of State;”.
(3)
“(4)
Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of Schedules 1 and 3 to this Scheme.”.
(4)
“(3A)
This rule is subject to paragraph 56 of Schedule 4 (remediable service).”.
(5)
“(3)
This Part is subject to paragraph 55 of Schedule 4 (remediable service).”.
Schedule 3: Transitional Provision19.
(1)
Schedule 3 (transitional provision) to the 2005 Regulations is amended as follows.
(2)
““transition date” in relation to a transition member means—
(a)
where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;
(b)
in any other case, 1st April 2015;”.
(3)
In paragraph 2 (meaning of “continuity of service”), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”
;
(4)
In paragraph 8 (members of the RFPS 2005 on 31st March 2015)—
(a)
in sub-paragraph (2), omit paragraph (b) (together with “and” at the end of paragraph (a));
(b)
in sub-paragraph (3), omit paragraph (c) (together with “and” at the end of paragraph (b)).
(5)
In paragraph 9 (members of an existing Scheme or a public body pension Scheme), in sub-paragraph (1)—
(a)
at the end of paragraph (c), insert “and”
;
(b)
omit paragraph (e) (together with “and” at the end of paragraph (d)(ii)).
Schedule 4: Remediable service for the RFPS 200520.
After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 4 to this instrument.