Legislation – The Armed Forces Pensions (Remediable Service) Regulations 2023

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Introduction

Part 1
PRELIMINARY

1 Citation, commencement and extent

Part 2
AMENDMENT OF THE ARMED FORCES PENSION SCHEME 1975

2 Amendment of the Armed Forces Pension Scheme 1975

3 Schedule 1: The Armed Forces Pension Scheme 1975

4 Schedule 3: Transitional Provision for the AFPS 1975

5 Schedule 4: Remediable Service for the AFPS 1975

Part 3
AMENDMENT OF THE ARMED FORCES PENSION SCHEME 2005

6 Amendment of the Armed Forces Pension Scheme Order 2005

7 New article 6: Schedule 3 (remediable service)

8 Schedule 1: The Armed Forces Pension Scheme 2005

9 Schedule 2: Transitional Provision

10 Schedule 3: Remediable Service for the AFPS 2005

Part 4
AMENDMENT OF THE ARMED FORCES EARLY DEPARTURE PAYMENTS ORDER 2005

11 Amendment of the Armed Forces Early Departure Payments Order 2005

12 Article 2: Schedule (remediable service)

13 Article 3: General interpretation

14 Article 3A: Person with Dual Entitlement

15 Schedule: Remediable Service for the EDP 2005

Part 5
AMENDMENT OF THE RESERVE FORCES PENSION SCHEME ORDER 2005

16 Amendment of the Reserve Forces Pension Scheme Regulations 2005

17 New regulation 4: Schedule 4 (remediable service)

18 Schedule 1: The Reserve Forces Pension Scheme 2005

19 Schedule 3: Transitional Provision

20 Schedule 4: Remediable service for the RFPS 2005

Part 6
AMENDMENT OF THE RESERVE FORCES (FULL-TIME RESERVE SERVICE PENSION SCHEME 1997) REGULATIONS 2010

21 Amendment of the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010

22 New regulation 4: Schedule 3 (remediable service)

23 Schedule 1: The Full-Time Reserve Service Pension Scheme 1997

24 Schedule 2: Transitional Provision for the Full-Time Reserve Service Pension Scheme 1997

25 Schedule 3: Remediable service for the FTRS 1997

Part 7
AMENDMENT OF THE RESERVE FORCES NON REGULAR PERMANENT STAFF (PENSION AND ATTRIBUTABLE BENEFITS SCHEMES) REGULATIONS 2011

26 Amendment of the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

27 New regulation 3B: Schedule 4 (remediable service)

28 Schedule 1: The Non Regular Permanent Staff Pension Scheme

29 Schedule 3: Transitional Provision for the Non Regular Permanent Staff Pension Scheme

30 Schedule 4: Remediable service for the NRPS 2011

Part 8
AMENDMENT OF THE ARMED FORCES PENSION REGULATIONS 2014

31 Amendment of the Armed Forces Pension Scheme Regulations 2014

32 Regulation 2: Schedule (remediable service)

33 Regulation 3: Interpretation

34 Regulation 16: eligibility for active membership

35 Schedule: Remediable service

Part 9
AMENDMENT OF THE ARMED FORCES (REDUNDANCY, RESETTLEMENT AND GRATUITY EARNINGS SCHEMES) (No. 2) ORDER 2010

36 Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010

37 Article 2: Interpretation

38 Part 4: The Armed Forces Resettlement Commutation Scheme 2010

Part 10
AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME ORDER 2020

39 Amendment of the Armed Forces Redundancy Scheme Order 2020

40 Schedule: Armed Forces Redundancy Scheme 2020

Part 11
AMENDMENT OF THE ARMED FORCES AND RESERVE FORCES (COMPENSATION SCHEME) ORDER 2011

41 Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

42 Article 2: Interpretation

43 Insertion of new Part 5A: Remediable Service

44 Schedule 2: insertion of new paragraph 6 (remediable service)

SCHEDULES

Schedule 1 Remediable Service for the Armed Forces Pension Scheme 1975

Schedule 2 Remediable Service for the Armed Forces Pension Scheme 2005

Schedule 3 Remediable Service for the Armed Forces Early Departure Payments Scheme 2005

Schedule 4 Remediable Service for the Reserve Forces Pension Scheme 2005

Schedule 5 Remediable Service for the Reserve Forces (Full-Time Reserve Service) Pension Scheme 1997

Schedule 6 Remediable Service for the Reserve Forces Non Regular Permanent Staff Pension 2011

Schedule 7 Remediable Service for the Armed Forces Pension Scheme 2015

Signature

Explanatory note

Part 6AMENDMENT OF THE RESERVE FORCES (FULL-TIME RESERVE SERVICE PENSION SCHEME 1997) REGULATIONS 2010

Amendment of the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 201021.

The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 201011 (“the 2010 Regulations”) are amended as follows.

New regulation 4: Schedule 3 (remediable service)22.

After regulation 3 (transitional provision), insert—

“Schedule 3: Remediable Service4.

Schedule 3 (remediable service) makes provision about remediable service.”.

Schedule 1: The Full-Time Reserve Service Pension Scheme 199723.

(1)

Schedule 1 (the Full-Time Reserve Service Pension Scheme 1997) to the 2010 Regulations is amended in accordance with this regulation.

(2)

In rule A.1 (interpretation: general), in paragraph (2)—

(a)

in the definition of “the Scheme” after “Schedule” insert “and Schedules 2 and 3;”;

(b)

insert in the appropriate places the following—

““AFP Regulations 2014” means the Armed Forces Pension Regulations 2014;

AFPS 2015” means the pension Scheme established by the AFP Regulations 2014;

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;”.

(3)

In rule A.11 (reckonable service), after paragraph (1) insert—

“(1A)

Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 3 (Remediable Service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.”.

(4)

In rule G.1 (further pensionable service: general rule), after sub-paragraph (3) insert—

“(4)

This rule is subject to paragraph 55 (abatement) in Schedule 3 (remediable service).”.

Schedule 2: Transitional Provision for the Full-Time Reserve Service Pension Scheme 199724.

(1)

Schedule 2 (transitional provision) is amended in accordance with this regulation.

(2)

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

““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 4 (full protection members of the FTRS 1997), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

Schedule 3: Remediable service for the FTRS 199725.

After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 5 to this instrument.

11

These Regulations establish the Full-time Reserve Service Pension Scheme 1997. These Regulations are made under sections 4 and 8 of the Reserve Forces Act 1996 (c. 14) and are not made by statutory instrument. The Regulations were amended by S.I. 2015/568 which inserted Schedule 2 and S.I. 2022/323. There are other amending instruments but none is relevant. Hard copies of those instruments which are not statutory instruments can be obtained from Ministry of Defence, AF Remuneration – Pensions, Main Building, Whitehall, London SW1A 2HB.