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 10AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME ORDER 2020

Schedule: Armed Forces Redundancy Scheme 202040.

(1)

The Schedule to the AFRS 2020 Order is amended in accordance with this regulation.

(2)

In paragraph 1 (general interpretation), insert in the appropriate places the following—

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“Chapter 1 legacy scheme” means a legacy pension Scheme, within the meaning of Chapter 1 of PSPJOA 2022, for the armed forces and reserve forces under which service in the—

(a)

regular forces, or

(b)

reserve forces under sections 24 or 25 of the Reserve Forces Act 1996,

is pensionable;

“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 a Chapter 1 legacy scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;

“section 6 election” means an election under section 6 of PSPJOA 2022 for Scheme benefits made—

(a)

under the rules of a Chapter 1 legacy scheme, and

(b)

by a remedy member.”.

(3)

In paragraph 5 (meaning of “redundancy qualifying service”), after sub-paragraph (1), insert—

“(1A)

For the purposes of this Schedule, where a remedy member of a Chapter 1 legacy scheme makes a section 6 election under the rules of the relevant legacy pension Scheme, their remediable service in that Scheme—

(a)

is treated as though it had been pensionable service in the AFPS 2015, and

(b)

is not treated as if it had been pensionable service in the relevant Chapter 1 legacy pension Scheme.”.

(4)

In paragraph 16 (interpretation of Part 3)—

(a)

the existing wording stands as sub-paragraph (1);

(b)

after sub-paragraph (1), insert—

“(2)

For the purposes of this Part, where a remedy member with remediable service under the AFPS 1975 makes a section 6 election under Schedule 4 (remediable service) to the AFPS 1975, their AFRS 2010 redundancy reckonable service does not include any period of remediable service which would otherwise have counted as such redundancy reckonable service.”.

(5)

In paragraph 24 (interpretation of Part 4)—

(a)

the existing wording stands as sub-paragraph (1)

(b)

after sub-paragraph (1), insert—

“(2)

For the purposes of this Part, where a remedy member with remediable service under the AFPS 2005 makes a section 6 election under Schedule 3 (remediable service) to the AFPS 2005, their AFRS 2006 relevant service does not include any period of remediable service which would otherwise have counted as such relevant service.”.