# The Armed Forces Pension Scheme Order 2005, Paragraph B.1: Eligibility: general

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

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—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) in the case of an 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 1980,
(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) or Part L (Gurkha Pension Scheme transferees), and
(c) he is not prevented by rule B.2 (persons with other pension arrangements).

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