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 2AMENDMENT OF THE ARMED FORCES PENSION SCHEME 1975

Schedule 1: The Armed Forces Pension Scheme 19753.

(1)

Schedule 1 (the Armed Forces Pension Scheme 1975) to each instrument is amended in accordance with this regulation.

(2)

In rule A.1 (general), paragraph (3), insert in the appropriate places the following—

““AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 20207;

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 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of this Scheme.”.

(4)

In rule D.5 (amount of immediate pension: other officers), after paragraph (4) insert—

“(4A)

Where a remedy member extended the period for which the terms and conditions of their commission committed them to serve as a result of a relevant breach of a non-discrimination rule in relation to the service within the meaning of section 25(9) of PSPJOA 2022—

(a)

paragraph (4) does not apply if the member ceases service at the end of the period for which their terms and conditions of service had required them to serve immediately before they entered into the extension, and

(b)

the relevant table for the purposes of paragraph (2)(a) is that setting out rates of pension paid on compulsory retirement for officers.”.

(5)

In rule H.1 (further pensionable service: general rule), at the end of paragraph (3), insert—

“(c)

paragraph 63 (abatement) in Schedule 4 (remediable service).”.

(6)

Paragraph (4) has effect on and after 1st April 2015.