Article 42A Application and interpretationF1

(1)

This Part applies where—

(a)

as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“M”) remediable service changes, and

(b)

article 39(5) applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2)

In this Part—

(a)

an “immediate choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i)

paragraph 8 of Schedule 4 to the AFPS 1975;

(ii)

paragraph 9 of Schedule 3 to the AFPS 2005;

(iii)

paragraph 7 of the Schedule to the EDP Order 2005;

(b)

a “deferred choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i)

paragraph 12 of Schedule 4 to the AFPS 1975;

(ii)

paragraph 13 of Schedule 3 to the AFPS 2005;

(iii)

paragraph 10 of the Schedule to the EDP Order 2005.

(c)

A reference to a pension or payment has the same meaning as in article 39(1).

Annotations

Textual amendments

F1: Pt. 5A inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 43