Regulation 22 Qualifying serviceI1

United Kingdom

(1)

In these Regulations, a period of qualifying service is the aggregate of the following periods—

(a)

any period on or after 1st April 2015, where the individual is an active member under regulation 16 (eligibility for active membership);

(b)

if a transfer value payment or a cash transfer sum has been accepted under Part 8 (Transfers) in respect of rights accrued under another occupational pension scheme, a period equal to the person’s period as an active member in that scheme; and

(c)

for a transition member with continuity of service, the person’s continuous period of pensionable service under a connected scheme F1before the person’s transition date.

(2)

In paragraph (1)—

(a)

a transition member has continuity of service unless the person has a gap in pensionable service exceeding 5 years which—

(i)

begins before the person’s transition date; and

(ii)

ends on the day the person becomes an active member of this scheme;

(b)

a period of pensionable public service does not constitute a gap in service.

This is subject to paragraph (4).

(3)

The following are not qualifying service—

(a)

any pensionable service in respect of which a person’s rights under this scheme are extinguished;

(b)

any pensionable service by a person under any connected scheme in respect of which the person’s rights under that scheme are extinguished;

(c)

any period of service during which a person opts not to join this scheme;

(d)

any service from the point when an active member opts out from this scheme until any future point when the member opts back in;

(e)

any period of unauthorised absence from scheme employment;

(f)

any period of unpaid leave in respect of which the person is not treated as receiving assumed pay;

(g)

any period of service detention; and

(h)

any period of imprisonment.

(4)

Where a person ceases to be eligible for active membership under regulation 16 (eligibility for active membership) for a period of more than 5 years and subsequently rejoins, qualifying service re-starts from the first day of new service in scheme employment.

(5)

In determining the period for which an individual ceases to be eligible under paragraph (4) any period where the member was in pensionable public service is to be disregarded.

Annotations

Textual amendments

F1: Words in reg. 22 substituted (with effect on and after 1.4.2015) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), regs. 1(2), 8(4) (with reg. 8(7))

Commencement

I1: Reg. 22 in force at 1.4.2015, see reg. 1(2)