# The Armed Forces Pension Scheme Order 2005, Paragraph L.3: Option for former active members of Gurkha Pension Scheme to join the Scheme

Extent: E+W+S+N.I.

(1) A person who—
(a) would have been eligible on 6th April 2006 to join the Scheme by virtue of the person’s service in the Brigade of Gurkhas if the person—
(i) had met the condition in rule B.1(b)(i) (which requires that the person’s service begins on or after 6th April 2005), and
(ii) had not been an active member of the Gurkha Pension Scheme on that date, and
(b) meets condition A and either condition B or condition C,
may opt to become a member of the Scheme under the terms of this Part.
(2) Condition A is that the person was an active member of the Gurkha Pension Scheme for a period—
(a) beginning on or after 1st July 1997, and
(b) ending with a date falling within the period beginning with 6th April 2006 and ending with 30 September 2007.
(3) Condition B is that the person became a pensioner member of the Gurkha Pension Scheme on or before 30 September 2007.
(4) Condition C is that the period mentioned in paragraph (2) during which the person was an active member of the Gurkha Pension Scheme was not less than two years and the person ceased to be an active member of that Scheme at the end of it.
(5) The option may only be exercised by giving notice in writing to the Scheme administrator on or before the closing date.
(6) For this purpose—
(a) the notice is treated as having been given on the date on which it is received by the Scheme administrator in such form as the Secretary of State requires, and
(b) the closing date is 31st January 2008, unless the Secretary of State considers that a later date is appropriate and has specified that date in a notice in writing given to the Scheme administrator not later than 31st January 2008, in which case it is the date so specified.
(7) The option takes effect—
(a) if on the day after the closing date the person exercising the option—
(i) is a pensioner member of the Gurkha Pension Scheme other than a Gurkha ill-health pensioner, or a prescribed pensioner, and
(ii) has not reached the age of 65,
on the day on which the person reaches the age of 65, and
(b) otherwise, on the day after the closing date.
(7A) In paragraph (7) “prescribed pensioner” means a pensioner member of the Gurkha Pension Scheme who—
(a) is eligible to become a member of the Scheme under this Part; and
(b) on becoming a member, would become entitled to payments under articles 8 to 10 of the Armed Forces Early Departure Payments Scheme Order 2005 (eligibility, entitlement and amount of early departure payments).
(8) The option is irrevocable unless paragraph (9) applies.
(9) This paragraph applies if the Secretary of State gives notice in writing to the person stating that the person may revoke the option by giving notice in writing of the revocation to the Secretary of State before the expiry of the period of 3 months beginning with the date on which the notice is given by the Secretary of State.
(10) If a person revokes an option in accordance with paragraph (9), these Rules apply as if the person had never exercised the option.

---
Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/paragraph/L.3 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/paragraph-L.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.