{
  "url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-38",
  "json_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-38.json",
  "legislation": "uksi/2014/2336",
  "legislation_title": "The Armed Forces Pension Regulations 2014",
  "legislation_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014",
  "path": "regulation/38",
  "kind": "regulation",
  "number": "38",
  "heading": "Establishment of a pensioner member’s account",
  "text": "(1) When an active member becomes entitled to the immediate payment of a retirement earned pension under regulation 43 (retirement on or after reaching normal pension age – active members) or an ill-health pension under regulation 51 or 52 (entitlement to ill-health pension: active member with permanent serious ill-health and entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment)—\n(a) the active member’s account must be closed; and\n(b) a pension account for the pensioner member must be established ....\n(2) When a deferred member becomes entitled to the payment of a retirement earned pension under regulation 44 (retirement before reaching normal pension age – deferred members) or an ill-health pension under regulation 56 (entitlement to ill-health pension: deferred member with permanent serious ill-health)—\n(a) the deferred member’s account must be closed; and\n(b) a pension account for the pensioner member must be established ....",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 38(1)(b) omitted (1.4.2015) by virtue of The Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015 (S.I. 2015/466), regs. 1(2), 5(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 38(2)(b) omitted (1.4.2015) by virtue of The Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015 (S.I. 2015/466), regs. 1(2), 5(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 38 in force at 1.4.2015, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2336/regulation/38",
    "retrieved_at": "2026-10-29T00:04:13.886265+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}