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The Armed Forces Pension Regulations 2014

S.I. 2014/2336 · Made 31 August 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 11 June 2026.

Public Service Pensions

Made 31st August 2014

Laid before Parliament 4th September 2014

Coming into force 1st April 2015

The Secretary of State for Defence makes these Regulations in exercise of the powers conferred by sections 1(1), (2)(h), (3) and (4), 2, 3(1),(2),(3)(a) and (c) and (4), 4(1) to (3) and (5), 5(1) to (6) and (8), 7(1), (2)(a) and (3) to (6), 8(1)(a), (2)(a) and (4), 11(1) and (2), 12(1) to (3), (6) and (7), 13(1) to (3), 14, 18(1), (2), (4)(b) and (5) to (9), 25, paragraph (c) of the definition of “employer” in section 37, paragraph 1 of Schedules 1 and 2, Schedule 3, paragraph 1 of Schedules 5 and 6, and paragraphs 1(2) and 2(2) of Schedule 7 to the Public Service Pensions Act 2013f1. In accordance with section 21 of that Act, the Secretary of State for Defence has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations.

In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.

Annotations to the whole text

Footnotes

f1

2013 c. 25

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Establishment of scheme
  4. 3Interpretation
  5. Part 2: Governance
  6. Chapter 1: Scheme Manager and Scheme Pension Board
  7. 4Scheme manager
  8. 5Establishment of pensions board
  9. 6Membership of the pensions board
  10. 7Terms of appointment to pensions board
  11. 8Conflict of interest: pensions board
  12. Chapter 2: Scheme Advisory Board
  13. 9Establishment of scheme advisory board
  14. 10Membership of the scheme advisory board
  15. 11Terms of appointment to the scheme advisory board
  16. 12Conflict of interest: scheme advisory board
  17. Part 3: Scheme membership
  18. Chapter 1: Scheme employment
  19. 13Description of persons in scheme employment
  20. Chapter 2: Membership
  21. 14Dual capacity membership
  22. 15Payments of benefits to dual capacity members
  23. 16Eligibility for active membership
  24. 17Deferred membership
  25. Chapter 3: Membership options
  26. 18Option not to join scheme
  27. 19Option to leave the scheme
  28. 20Option to join the scheme
  29. Chapter 4: Pensionable service
  30. 21Pensionable service
  31. 22Qualifying service
  32. 23Pensionable earnings
  33. 23A“Meaning of “service reduction percentage”
  34. 24Meaning of “assumed pay”
  35. Part 4: Pension accounts
  36. Chapter 1: Preliminary
  37. 25Calculation of amount of accrued pension for the purposes of Parts 4 and 5
  38. 25ACalculation of “index supplement”
  39. 26Calculation of “retirement index adjustment”
  40. 26ACalculation of “retirement index supplement”
  41. Chapter 2: Pension accounts: general
  42. 27Establishment of pension accounts: general
  43. 28Closure and adjustment of pension accounts on transfer out
  44. Chapter 3: Active member’s account
  45. 29Establishment of an active member’s account
  46. 30Receipt of transfer values
  47. 31Receipt of club transfer values
  48. 32Account to specify amount of pension for a scheme year
  49. 33Account to specify opening balance and index adjustment
  50. Chapter 4: Deferred member’s account
  51. 34Establishment of a deferred member’s account
  52. 35Account to specify provisional amount of deferred pension
  53. 36Adjustment of provisional amount of deferred pension on retirement
  54. 37Treatment of deferred member’s account on return to pensionable service
  55. Chapter 5: Pensioner member’s account
  56. 38Establishment of a pensioner member’s account
  57. 39Determination of “in-service late payment supplement”
  58. 40Account to specify amount of retirement pension
  59. Chapter 6: Pension credit member’s account
  60. 41Establishment of a pension credit member’s account
  61. 42Separate accounts for dual capacity pension credit member
  62. Part 5: Retirement benefits
  63. Chapter 1: Retired member benefits
  64. 43Retirement on or after reaching normal pension age – active members
  65. 44Retirement before reaching normal pension age – deferred members
  66. 45Annual rate of pension payable to active member who becomes pensioner member
  67. 46Annual rate of pension payable to deferred member who becomes pensioner member
  68. Chapter 2: Benefits for pension credit and pension debit members
  69. 47Pension credit member’s pension
  70. 48Annual rate of pension credit member’s pension
  71. 49Pension credit member’s rights
  72. 50Reduction in pension debit member’s benefits
  73. Chapter 3: Ill-health benefits
  74. 51Entitlement to ill-health pension: active member with permanent serious ill-heath
  75. 52Entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment
  76. 53Deferment of accrued earned pension attributable to a transfer payment
  77. 54Annual rate of ill-health pension: active members with permanent serious ill-health
  78. 55Annual rate of ill-health pension: active members with significant impairment of capacity for gainful employment
  79. 56Entitlement to ill-health pension: deferred member with permanent serious ill-health
  80. 57Scheme manager’s review of ill-health awards
  81. 58Member’s request for review of ill-health awards
  82. Chapter 4: Options
  83. 59General option to exchange part of the pension for lump sum
  84. 60Option for members in serious ill-health to exchange whole pension for lump sum
  85. Chapter 5: Allocation
  86. 61Election to allocate pension
  87. 62Procedure for allocation election
  88. 63Effect of allocation
  89. 64Adjustment of allocated benefits for the Finance Act 2004 where member dies over 75
  90. Part 6: Death benefits
  91. Chapter 1: Pensions for adult dependants
  92. 65Surviving spouses’ and civil partners’ pensions
  93. 66Guaranteed minimum pension for surviving spouses and civil partners
  94. 67Other adult dependants’ pensions
  95. 68Annual rate of adult dependants’ pensions payable on death of pensioner member
  96. 69Annual rate of adult dependants’ pensions payable on death of deferred member
  97. 70Annual rate of adult dependants’ pensions payable on death of active member
  98. 71Reduction in pensions in case of wide age disparity
  99. Chapter 2: Pensions for eligible children
  100. 72Surviving children’s pensions
  101. 73Meaning of “eligible child”
  102. 74Annual rate of children’s pensions
  103. 75Children born after the member’s death
  104. Chapter 3: Lump sum death benefits
  105. 76Meaning of “final pensionable earnings”
  106. 77Earnings adjustments in determining final pensionable earnings
  107. 78Death of a member: lump sum benefit
  108. 79Lump sum amount payable on death of active member
  109. 80Lump sum amount payable on death of deferred member
  110. 81Lump sum amount payable on death of pensioner member
  111. 82Lump sum amount payable on death of pension credit member
  112. 83Members affected by court orders to former spouses and civil partners on death
  113. 84Nominations for lump sum death benefits
  114. Chapter 4: General provisions
  115. 85Pension debit members
  116. 86Dependants’ pensions and children’s pensions: suspension and recovery
  117. 87Recovery of lump sum payments made to nominees
  118. 88Provisional awards of children’s pensions: later adjustments
  119. 89Payments under this Part
  120. 90Payment of death benefits to dual capacity member
  121. Part 7: Contributions to purchase added pension
  122. Chapter 1: Contributions
  123. 91Member’s option to make periodical contributions to purchase added pension
  124. 92Member’s option to pay lump sum contributions to purchase pension
  125. 93Cancellation of options to made periodical contributions
  126. 94Periodical contributions: special cases
  127. 95Crediting of added pension: death in service or medical discharge
  128. 96Repayment of contributions
  129. Chapter 2: Secondment
  130. 97Members seconded to NATO or the UN etc
  131. 97AMembers seconded to NATO or the UN etc: transition member secondees
  132. Part 8: Transfers
  133. Chapter 1: Preliminary
  134. 98Interpretation
  135. Chapter 2: Transfers out
  136. 99Right to require payment of a transfer value
  137. 100Applications for statements of entitlement
  138. 101Applications for a transfer value payment
  139. 102Calculating amount of the transfer value
  140. 103Ways in which a transfer value payment may be used
  141. 104Effect of transfers out
  142. Chapter 3: Transfers in
  143. 105Interpretation
  144. 106Rights to request acceptance of transfer value payment
  145. 107Procedure for making a request
  146. 108Transfer statement
  147. 109Amount of transferred pension
  148. 110Club transfer value statement
  149. 111Amount of club transfer earned pension
  150. Chapter 4: Miscellaneous provisions
  151. 112EU and overseas transfers
  152. Part 9: Actuarial valuations and employer cost cap
  153. 113Appointment of scheme actuary and actuarial valuations
  154. 114Employer cost cap
  155. Part 10: Supplementary
  156. Chapter 1: Payment of pensions
  157. 115Late payment of retirement index adjustment
  158. 116Commutation of small pensions
  159. Chapter 2: Payment and deduction of tax
  160. 117Scheme administrator for purposes of the Finance Act 2004
  161. 118Reduction of benefits where lifetime allowance charge payable
  162. 119Payment on behalf of members of annual allowance charge
  163. 120Reduction of benefits where annual allowance charge paid by scheme manager
  164. Chapter 3: Forfeiture
  165. 121Forfeiture of benefits
  166. 122Events enabling forfeiture
  167. 123Procedure, references etc
  168. Chapter 4: General
  169. 124Pension ceases to be payable
  170. 125Re-employment after ill health awards
  171. 126Payment of benefits
  172. 127False statements etc about ill-health
  173. 128Non assignability
  174. 129General prohibition on unauthorised payments
  175. 130Calculation of periods of membership and service
  176. 131Determination of questions
  177. 132Information and evidence
  178. 133Provision of benefit information statements to members
  179. Signature
  180. Schedule: Remediable Service
  181. Part 1: Introductory Provisions
  182. 1Interpretation
  183. 2Interpretation
  184. 3Interpretation
  185. Part 2: Added Pension
  186. Chapter 1: Added Pension
  187. 4Extinguishing rights to added pension
  188. 5Member’s option to make additional lump sum contribution for added pension
  189. Chapter 2: Secondment to NATO or the UN etc
  190. 6Secondment to NATO, UN etc
  191. Part 3: Provision about divorce and dissolution arrangements
  192. Chapter 1: Pension Credit and Debit members
  193. Application and Interpretation of Chapter 1
  194. 7Application and Interpretation
  195. Pension sharing orders: information provided before 1st October 2023
  196. 8Application and Interpretation of Section 2
  197. 9Information before 1st October 2023: legacy scheme adjustment
  198. 10Information before 1st October 2023: AFPS 2015 only, transfer day before 1st October 2023
  199. 11Information provided before 1st October 2023: AFPS 2015 only, transfer day after 1st October 2023
  200. 12Information provided before 1st October 2023: applying a remediable credit adjustment
  201. Part 4: Transfers
  202. Chapter 1: General
  203. 13Application and Interpretation
  204. Chapter 2: Transfers on a cash equivalent basis
  205. 14Transfers out before 1st October 2023
  206. 15Transfers in before 1st April 2022
  207. Chapter 3: Transfers on a Club basis
  208. Club transfers before 1st October 2023
  209. 16Club transfers out before 1st October 2023
  210. 17Club transfers in before 1st October 2023
  211. Chapter 4: Variation of the club transfer application period
  212. 18Variation of the club transfer application period
  213. Part 5: Pension Accounts
  214. 19Modification of Pension Accounts
  215. Part 6: Liabilities and payment
  216. Chapter 1: General
  217. 20Application of Chapters 1, 2 and 3
  218. Chapter 2: Interest and netting off
  219. 21Interest
  220. 22Netting off
  221. Chapter 3: Reduction and waiver of liabilities
  222. 23Power to reduce or waive amounts owed by a person to the Scheme manager
  223. Chapter 4: Payment of net liabilities
  224. 24Application of Chapter 4
  225. 25Payment of amounts owed to the Scheme manager
  226. 26Payment of amounts owed to a person
  227. Explanatory note