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The Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015

S.I. 2015/466 · Made 3 March 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Service Pensions

Made 3rd March 2015

Laid before Parliament 5th March 2015

Coming into force 1st April 2015

The Secretary of State for Defence, in exercise of the powers conferred by section 1(1) of the Public Service Pensions Act 2013f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2013 c. 25.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Amendments to the Armed Forces Pension Regulations 2014
  5. 3Amendment to regulation 3 (interpretation) of the AFP Regulations 2014
  6. 4Amendment to regulation 32 (account to specify amount of pension for a scheme year) of the AFP Regulations 2014
  7. 5Amendment to regulation 38 (establishment of a pensioner member’s account) of the AFP Regulations 2014
  8. 6Amendment to regulation 43 (retirement on or after reaching normal pension age – active members) of the AFP Regulations 2014
  9. 7Amendment to regulation 44 (retirement before reaching normal pension age – deferred members) of the AFP Regulations 2014
  10. 8Amendment to regulation 45 (annual rate of pension payable to active member who becomes pensioner member) of the AFP Regulations 2014
  11. 9Amendment to regulation 51 (entitlement to ill-health pension: active member with permanent serious ill-health) of the AFP Regulations 2014
  12. 10Amendment to regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) of the AFP Regulations 2014
  13. 11Amendment to regulation 56 (entitlement to ill-health pension: deferred member with permanent serious ill-health) of the AFP Regulations 2014
  14. 12Amendment to regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014
  15. 13Amendment to regulation 79 (lump sum amount payable on death of active member) of the AFP Regulations 2014
  16. 14Amendment to regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014
  17. 15Amendment to regulation 82 (lump sum amount payable on death of pension credit member) of the AFP Regulations 2014
  18. 16Amendment to regulation 91(member’s option to make periodical contributions to purchase added pension) of the AFP Regulations 2014
  19. 17Amendment to regulation 108 (transfer statement) of the AFP Regulations 2014
  20. 18Amendment to regulation 114 (employer cost cap) of the AFP Regulations 2014
  21. 19Amendment to regulation 121 (forfeiture of benefits) of the AFP Regulations 2014
  22. Part 3: Amendments to the Armed Forces Early Departure Payments Scheme Regulations 2014
  23. 20Amendment to regulation 4 (general interpretation) of the EDP Regulations 2014
  24. 21Amendment to regulation 8 (eligibility for early departure payments) of the EDP Regulations 2014
  25. 22Amendment to regulation 16 (entitlement to a resettlement grant) of the EDP Regulations 2014
  26. 23Amendment to regulation 19 (lump sum awards: incapacity for armed forces service) of the EDP Regulations 2014
  27. Signature
  28. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Armed Forces Pension Scheme and Early Departure Payments Scheme (Amendment) Regulations 2015.

(2)

These Regulations come into force on 1st April 2015.

2Interpretation

In these Regulations—

  • “AFP Regulations 2014” means the Armed Forces Pension Regulations 2014f1

  • “EDP Regulations 2014” means the Armed Forces Early Departure Payments Scheme Regulations 2014f2.

3Amendment to regulation 3 (interpretation) of the AFP Regulations 2014

Regulation 3 (interpretation) of the AFP Regulations 2014 is amended by substituting—

  • ““pensioner member’s account” means a pension account established in accordance with regulation 38;”

for—

  • ““pensioner member’s account” has the meaning given in regulation 38 (establishment of a pensioner member’s account);”.

4Amendment to regulation 32 (account to specify amount of pension for a scheme year) of the AFP Regulations 2014

Regulation 32 (account to specify amount of pension for a scheme year) of the AFP Regulations 2014 is amended by—

(a)

inserting at the end of paragraph (7) “or regulation 92(1)(a) (member’s option to pay lump sum contributions to purchase pension)”,

(b)

inserting at the end of paragraph (8) “or regulation 92(1)(b) (member’s option to pay lump sum contributions to purchase pension)”.

5Amendment to regulation 38 (establishment of a pensioner member’s account) of the AFP Regulations 2014

Regulation 38 (establishment of a pensioner member’s account) of the AFP Regulations 2014 is amended by—

(a)

omitting in sub-paragraph (1)(b) “(the pensioner member’s account)”, and

(b)

omitting in sub-paragraph (2)(b) “(“the pensioner member’s account”)”.

6Amendment to regulation 43 (retirement on or after reaching normal pension age – active members) of the AFP Regulations 2014

Regulation 43 (retirement on or after reaching normal pension age – active members) of the AFP Regulations 2014 is amended by substituting—

(a)

in sub-paragraph (3)(a) “pensioner member’s account” for “retirement account”, and

(b)

in sub-paragraph (3)(b) “pensioner member’s account” for “retirement account”.

7Amendment to regulation 44 (retirement before reaching normal pension age – deferred members) of the AFP Regulations 2014

Regulation 44 (retirement before reaching normal pension age – deferred members) of the AFP Regulations 2014 is amended by substituting in sub-paragraph (3)(b) “deferred member’s account” for “retirement account”.

8Amendment to regulation 45 (annual rate of pension payable to active member who becomes pensioner member) of the AFP Regulations 2014

Regulation 45 (annual rate of pension payable to active member who becomes pensioner member) of the AFP Regulations 2014 is amended by substituting—

(a)

in sub-paragraph (2)(a) “pensioner member’s account” for “retirement account”,

(b)

in sub-paragraph (3)(a) “pensioner member’s account” for “retirement account”,

(c)

in sub-paragraph (4)(a) “pensioner member’s account” for “retirement account”, and

(d)

in sub-paragraph (5)(a) “pensioner member’s account” for “retirement account”.

9Amendment to regulation 51 (entitlement to ill-health pension: active member with permanent serious ill-health) of the AFP Regulations 2014

Regulation 51 (entitlement to ill-health pension: active member with permanent serious ill-health) of the AFP Regulations 2014 is amended by substituting in paragraph (3) “pensioner member’s account” for “retirement account”.

10Amendment to regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) of the AFP Regulations 2014

Regulation 52 (entitlement to ill-health pension: active member with significant impairment of capacity for gainful employment) of the AFP Regulations 2014 is amended by substituting—

(a)

in sub-paragraph (2)(a) “pensioner member’s account” for “retirement account”, and

(b)

in sub-paragraph (2)(b) “pensioner member’s account” for “retirement account”.

11Amendment to regulation 56 (entitlement to ill-health pension: deferred member with permanent serious ill-health) of the AFP Regulations 2014

Regulation 56 (entitlement to ill-health pension: deferred member with permanent serious ill-health) of the AFP Regulations 2014 is amended by substituting—

(a)

in sub-paragraph (3)(a) “pensioner member’s account” for “retirement account”, and

(b)

in sub-paragraph (3)(b) “pensioner member’s account” for “retirement account”.

12Amendment to regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014

Regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014 is amended in sub-paragraph (5)(a) by substituting “(6)” for “(5)”.

13Amendment to regulation 79 (lump sum amount payable on death of active member) of the AFP Regulations 2014

Regulation 79 (lump sum amount payable on death of active member) of the AFP Regulations 2014 is amended by—

(a)

Substituting in paragraph (1) “paragraphs (2), (2A) and (2B)” for “paragraph (2)”, and

(b)

inserting after paragraph (2)—

“(2A)

If the member was both an active member and a pensioner member and the amount payable under regulation 81 (lump sum amount payable on death of pensioner member) is greater than the amount payable under paragraph (1), the amount payable under regulation 81 is payable instead of the amount specified in paragraph (1).

(2B)

If the member was both an active member and a deferred member or a pensioner member of a connected scheme, the amount specified in paragraph (1) is only payable if and to the extent that it exceeds the aggregate of any payments made to or in respect of the member by way of lump sum on the death of the member under any connected scheme.”

14Amendment to regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014

Regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014 is amended by—

(a)

omitting in paragraph (2)(a) “but subtracting the commutation amount (if any)”,

(b)

substituting in paragraph (3) “79” for “80”, and

(c)

inserting after paragraph (4)—

“(4A)

If the member was both a pensioner member and a pensioner member of a connected scheme, the amount specified in paragraph (1), or as the case may be, paragraph (3) or (4), is only payable if and to the extent that it exceeds the aggregate of any payments made to or in respect of the member by way of lump sum on the death of the member under any connected scheme.”

15Amendment to regulation 82 (lump sum amount payable on death of pension credit member) of the AFP Regulations 2014

Regulation 82 (lump sum amount payable on death of pension credit member) of the AFP Regulations 2014 is amended by omitting in sub-paragraph (3)(a) “but subtracting the commutation amount (if any)”.

16Amendment to regulation 91(member’s option to make periodical contributions to purchase added pension) of the AFP Regulations 2014

Regulation 91 (member’s option to make periodical contributions to purchase added pension) of the AFP Regulations 2014 is amended at sub-paragraphs (6)(a) and (6)(b)(ii) by substituting “regulation 92” for “regulation 91”.

17Amendment to regulation 108 (transfer statement) of the AFP Regulations 2014

Regulation 108 (transfer statement) of the AFP Regulations 2014 is amended in paragraph (2) by inserting at the end of the paragraph—

“if the transfer date falls within the period of 2 months beginning with the date of that statement”.

18Amendment to regulation 114 (employer cost cap) of the AFP Regulations 2014

Regulation 114 (employer cost cap) of the AFP Regulations 2014 is amended by substituting—

“(1)

The employer cost cap for this scheme is 34.6 % of pensionable earnings of members of the scheme.”

for paragraph (1).

19Amendment to regulation 121 (forfeiture of benefits) of the AFP Regulations 2014

Regulation 121 (forfeiture of benefits) of the AFP Regulations 2014 is amended in paragraph (1) by substituting “regulation 132 (information and evidence)” for “regulation 128 (information and evidence)”.

20Amendment to regulation 4 (general interpretation) of the EDP Regulations 2014

Regulation 4 (general interpretation) of the EDP Regulations 2014 is amended by inserting, at the appropriate place—

  • ““AFPS 14 regulations” means the Armed Forces Pension Regulations 2014”.

21Amendment to regulation 8 (eligibility for early departure payments) of the EDP Regulations 2014

Regulation 8 (eligibility for early departure payments) of the EDP Regulations 2014 is amended by—

(a)

inserting at the end of sub-paragraph (5)(b) “regulations”,

(b)

substituting at paragraph (7)—

“(b)

person who—

(i)

is not an active member of AFPS 14, or

(ii)

is not eligible to be a member of AFPS 14”.

for—

“(b)

a person who is not an active member of AFPS 14”.

22Amendment to regulation 16 (entitlement to a resettlement grant) of the EDP Regulations 2014

Regulation 16 (entitlement to a resettlement grant) of the EDP Regulations 2014 is amended by inserting—

(a)

in sub-paragraph (1)(b)(i) “regulations” after “AFPS 14”,

(b)

in sub-paragraph (1)(b)(ii) “regulations” after “AFPS 14”, and

(c)

in sub-paragraph (1)(b)(iii) “regulations” after “AFPS 14”.

23Amendment to regulation 19 (lump sum awards: incapacity for armed forces service) of the EDP Regulations 2014

Regulation 19(1)(e)(ii) (lump sum awards: incapacity for armed forces service) of the EDP Regulations 2014 is amended by inserting—

(a)

in sub-paragraph (aa) “regulations” after “AFPS 14”,

(b)

in sub-paragraph (bb) “regulations” after “AFPS 14”,

(c)

in sub-paragraph (cc) “regulations” after “AFPS 14”, and

(d)

in sub-paragraph (dd) “regulations” after “AFPS 14”.

Signature

Anna Soubry

Minister of State

Ministry of Defence

3rd March 2015

We approve

David Evennett

Harriet Baldwin

Two of the Lords Commissioners of Her Majesty’s Treasury

27th February 2015

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the Armed Forces Pension Regulations 2014 and the Armed Forces Early Departure Payments Scheme Regulations 2014 including the introduction of a cost cap figure into the Armed Forces Pension Regulations 2014.