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Paragraph H.1 Application of Part H

United Kingdom

(1)

This Part applies where a person who is a pensioner member or a deferred member of the Scheme F1(whether or not they are also a pensioner member of the AFPS 2015)—

(a)

is re-engaged in service by virtue of which he is eligible to belong to the Scheme, or

(b)

is re-engaged in service by virtue of which he is eligible for membership of the Reserve Forces Pension Scheme F2or

(c)

is re-engaged in service by virtue of which the person is eligible for membership of the AFPS 2015,

(whether or not he is an active member in that service).

(2)

In this Part—

(a)

a person to whom this Part applies is referred to as a “re-employed pensioner”,

(b)

the service that has terminated and in respect of which the pension is or will be payable and the service that he enters on re-employment are referred to respectively as the “old service” and “new service”, F3...

(c)

the pension to which he is or will become entitled in respect of the old service is referred to as the “old service pension” F4and

(d)

where sub-paragraph (1)(c) applies, the “old service pension” includes any AFPS 2015 pension.

F5(3)

This Part is subject to paragraph 61 of Schedule 3 (remediable service).

Annotations

Textual amendments

F1

Words in Sch. 1 rule H.1(1) inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 12(a)

F2

Sch. 1 rule H.1(1)(c) and word inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 12(b)

F3

Word in Sch. 1 rule H.1(2) omitted (1.4.2015) by virtue of The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 12(c)

F4

Sch. 1 rule H.1(2)(d) and word inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), regs. 1(2), 12(d)

F5

Sch. 1 rule H.1(3) inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 8(6)

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