OpenLegislation

Paragraph B.1 Eligibility: general

United Kingdom

A person is eligible to be an active member of the Scheme if—

(a)

he is in service as a member of the armed forces other than—

F1(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

in the case of F2an active member of the Gurkha Pension Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949), the Brigade of Gurkhas,

including service to which he is recalled under Part 7 of the Reserve Forces Act 1996 or under the Reserve Forces Act 1980f1,

(b)

either—

(i)

that service begins on or after 6th April 2005, or

(ii)

he has opted to join the Scheme under Part K (AFPS 1975 transferees) F3or Part L (Gurkha Pension Scheme transferees), and

(c)

he is not prevented by rule B.2 (persons with other pension arrangements).

Annotations

Textual amendments

F1

Sch. 1 rule B.1(a)(i) omitted (1.10.2007) by virtue of The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(5)(a)

F2

Words in Sch. 1 rule B.1(a)(ii) substituted (6.4.2006) by The Armed Forces Pension Scheme etc. (Amendment) Order 2006 (S.I. 2006/717), arts. 1(2), 12(1)

F3

Words in Sch. 1 rule B.1(b)(ii) inserted (1.10.2007) by The Armed Forces (Gurkha Pensions) Order 2007 (S.I. 2007/2608), arts. 1(1), 3(5)(b)

Footnotes

f1

1980 c. 9.

Notes on Schedule 1

Modifications

C1

Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10

Commencement

I1

Sch. 1 in force at 6.4.2005, see art. 1