# The Armed Forces Pension Scheme Order 2005, Paragraph H.5: Adjustment of basic pay in old service

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

(1) If the re-employed pensioner’s new service does not begin immediately after the old service ceases, for the purposes of this Part the annual rate of the basic pay payable to the re-employed pensioner at the time he left his old service is taken to be the adjusted annual rate.
(2) In paragraph (1) “the adjusted annual rate” means the actual annual rate of the basic pay so payable, increased by the same amount, if any, as a pension would have been increased under the Pensions (Increase) Act 1971 by the day on which the new service began if—
(a) it came into payment on the day after the old service ceased, and
(b) it was payable at an annual rate equal to that actual annual rate,
(c) it was eligible to be increased under that Act.
(3) For the purposes of this rule, where the re-employed pensioner was serving on flexible terms on the last day of the re-employed pensioner’s old service, the annual rate of the basic pay payable to the re-employed pensioner is calculated as though the re-employed pensioner had not been serving on flexible terms on that day.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/H/paragraph/H.5 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-H/paragraph-H.5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

