Article 3 Amendment of article 4 (Meaning of relevant service)

In article 4 (meaning of relevant service) of the principal Order after paragraph (e) insert—

“(f)

subject to sub-paragraph (g),in the case of any person who—

(i)

was in service before 6th April 2005,

(ii)

was an active member of the AFPS 1975, and

(iii)

was not an AFPS 1975 transferee (as defined in Rule K1(2) of the AFPS 2005),

any period during which the person was in service as a member of the armed forces and either received earnings that are pensionable earnings for the purposes of the AFPS 1975 or is treated under rule A 6 of the AFPS 1975 as having received assumed pay.

(g)

for the purposes of paragraph (f), a period of service is only to be regarded as relevant service where—

(i)

the person has exercised the option to aggregate that period of service with current service for pensions purposes under Part G of the Armed Forces Pension Scheme Order 2005^f1;

(ii)

the person has not received any payments in respect of a pension payable under AFPS 75 in respect of that period of service ; and

(iii)

for the purposes of assessing entitlement to a resettlement grant under article 14 , the person has not received a resettlement grant payment in respect of that period under article 14 or under the AFPS 1975, or where such payment has been received, the person has made repayment under article 15 or under the corresponding provisions.”.