{
  "url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-allocation/paragraph-D.14",
  "json_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-allocation/paragraph-D.14.json",
  "legislation": "uksi/2005/438",
  "legislation_title": "The Armed Forces Pension Scheme Order 2005",
  "legislation_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005",
  "path": "schedule/1/part/D/crossheading/allocation/paragraph/D.14",
  "kind": "paragraph",
  "number": "D.14",
  "heading": "Election to allocate pension",
  "text": "(1) An active member or deferred member may elect to allocate a part of the member’s annual pension under the Scheme to the member’s spouse or civil partner or a person who in the opinion of the Secretary of State meets one of the conditions specified in paragraph (2).\n(2) The conditions are—\n(a) that the person is financially wholly or mainly dependent on the member, or\n(b) that the member and the person are financially interdependent.\n(3) But no election may be made in respect of a pension payable under rule D.5, D.6 or D.7.\n(4) The member may not elect to allocate more than the permitted percentage of the member’s annual pension (before any exercise of the option under rule D.10: option to exchange lump sum for pension).\n(4A) In paragraph (4) “the permitted percentage” means 37.5% or such lower percentage as appears to the Scheme administrator to be capable of being allocated under this rule without risking that a part of the pension to which any person becomes entitled on the death of the member after 75 does not qualify as a dependants' scheme pension for the purposes of section 167 of the Finance Act 2004 (the pension death benefit rules) (see paragraphs 16 to 16B of Schedule 28 to that Act).\n(5) If a member wishes to allocate pension to two or more persons—\n(a) he must make a separate election in respect of each of the persons, and\n(b) the limit under paragraph (4) applies to the aggregate amount allocated.\n(6) If the member is entitled to a guaranteed minimum pension, the member may not elect to allocate more than the amount by which the member’s annual pension (before any exercise of the option under rule D.10) exceeds that guaranteed minimum, multiplied by such factor as is indicated for a person of the member’s description in tables provided by the Scheme actuary.\n(7) If—\n(a) an election does not comply with paragraph (4) or (6), or\n(b) taken together the member’s elections do not so comply,\nthe Scheme administrator may treat the election or, as the case may be, each of the elections, as allocating such smaller amount as would result in the election, or the elections taken together, so complying.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 rule D.14(4) substituted (6.4.2006) by The Armed Forces Pension Scheme etc. (Amendment) Order 2006 (S.I. 2006/717), arts. 1(2), 8(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 rule D.14(4A) inserted (6.4.2006) by The Armed Forces Pension Scheme etc. (Amendment) Order 2006 (S.I. 2006/717), arts. 1(2), 8(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/D/crossheading/allocation/paragraph/D.14",
    "retrieved_at": "2026-10-29T05:08:49.366834+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."
}