Paragraph 33 Eligible child’s pension when a transition member dies as a deferred or pensioner member on or after reaching age 55F1

(1)

This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 on or after reaching age 55 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.

(2)

In the case of a deferred member of the AFPS 2015—

(a)

a pension for an eligible child is payable under rule E.11 (amount of children’s pension under rule E.8: deferred members) of the AFPS 2005 in the case of a deferred member of the AFPS 2005, or rule E.12 (amount of children’s pension under rule E.8: pensioner members), in the case of a pensioner member of the AFPS 2005, in respect of service before T’s transition date; and

(b)

a pension for an eligible child is payable under regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014 in respect of service from T’s transition date.

(3)

In the case of a pensioner member of the AFPS 2015—

(a)

the pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the AFPS 2005, but—

(i)

where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 14(4); and

(ii)

where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 17(4).

(b)

the pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—

(i)

where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54; and

(ii)

where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 17(5) to regulation 55.

Annotations

Textual amendments

F1: Sch. 2 inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), reg. 1(2), Sch. 2

Notes on Schedule 2

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