Article 4 Meaning of “relevant service”

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 4(4) inserted by Armed Forces (Transitional Provisions) Pensions 2015 reg. 17
art. 4(1) art. 4 renumbered as art. 4(1) by Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme 2014 art. 4)(a)
art. 4(1)(f) words substituted by Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme 2014 art. 4)(b)
art. 4(e) inserted by Armed Forces (Gurkha Pensions) 2007 art. 4(3)
art. 4(f)(g) inserted by Armed Forces Early Departure Payments Scheme 2013 art. 3
art. 4(e) words inserted by Armed Forces (Gurkha Pensions) 2008 art. 3(2)
art. 4(2)(3) substituted for art. 4(1)(g) by Armed Forces Pension Scheme and Armed Forces Early Departure Payments Scheme 2014 art. 4(c)

For the purposes of the Scheme “relevant service”, in relation to any person, means the aggregate of the following periods—

(a)

any period on or after 6th April 2005 during which the person is in service as a member of the armed forces, that is service in respect of which he—

(i)

receives earnings that are pensionable earnings for the purposes of the AFPS 2005 (or would be if he were an active member of that Scheme), or

(ii)

is treated under rule A.3 of the AFPS 2005 as receiving assumed pay (or would be so treated if he were such a member),

(b)

any period for which the member is in service to which rule C.6 of the AFPS 2005 applies (purchase of added years for members seconded to NATO or the UN etc.) (or would apply if he were such a member),

(c)

in the case of any person who is or has been an AFPS 1975 transferee (as defined in rule K.1(2) of the AFPS 2005), the period of qualifying service he is (or was) entitled to count under rule K.3 of the AFPS 2005,

(d)

in the case of any person who—

(i)

was in service before 6th April 2005 by virtue of which he was eligible to be an active member of the AFPS 1975, but

(ii)

was not such a member in respect of that service,

the period of qualifying service that he would have been entitled to count under rule K.3 of the AFPS 2005 (service credited from the AFPS 1975) if he were an AFPS 1975 transferee (as defined in rule K.1(2) of the AFPS 2005) and rule K.3(2) of that Scheme (under which service before the age of 21 as an officer and service before the age of 18 otherwise than as an officer is counted) were disregarded.