{
  "url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-allocation/paragraph-D.16",
  "json_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-D/crossheading-allocation/paragraph-D.16.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.16",
  "kind": "paragraph",
  "number": "D.16",
  "heading": "Effect of allocation",
  "text": "(1) Where an election under rule D.14 for the allocation of a member’s pension to another person (“the beneficiary”) has taken effect—\n(a) the member’s pension is reduced accordingly (even if the beneficiary predeceases the member), and\n(b) if the beneficiary survives the member, on the member’s death the beneficiary becomes entitled to the payment of a pension for life of such amount as the Secretary of State may determine, after consultation with the Scheme actuary, having regard—\n(i) to the amount of the allocation to the beneficiary, and\n(ii) to the beneficiary’s age and sex.\n(2) But the Secretary of State may withhold payment from the beneficiary if paragraph (3), (4) or (5) applies.\n(3) This paragraph applies if—\n(a) the member dies before the expiry of the period of two years beginning with the date on which the election takes effect, and\n(b) the Secretary of State is satisfied that the member made a false declaration about the state of his health in connection with making the election.\n(4) This paragraph applies if the Secretary of State is of the opinion that the member made the election under duress.\n(5) This paragraph applies if the Secretary of State is of the opinion that the member was mentally impaired at the time when he made the election and would not have made the election apart from the impairment.\n(6) If the Secretary of State proposes to withhold payment under paragraph (2), he must notify the person in writing that he proposes to do so.\n(7) Such a notification must give the person information about rights under—\n(a) the arrangements established by the Secretary of State for the resolution of disputes relating to the Scheme that are in force at the time the notification is given, and\n(b) Part 10 of the Pension Schemes Act 1993 (investigations: the Pensions Ombudsman),\nin respect of any decision made under paragraph (2).\n(8) References in these Rules to pensions under this Part do not include pensions under this rule.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1993 c. 48."
    }
  ],
  "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.16",
    "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."
}