# The Armed Forces Pension Scheme Order 2005, Paragraph 5: Meaning of “conditional full protection member of an existing scheme”


(1) For the purpose of this Part a person (P) is a conditional full protection member of an existing scheme on a given date if on that date—
(a) P is in pensionable service under that scheme;
(b) P is in service in respect of which P is eligible to be a member of an armed forces or reserve forces pension scheme; or
(c) P is on a gap in service not exceeding 5 years.
(2) For the purpose of sub-paragraph (1), after the closing date for the existing scheme, P is not on a gap in service while P is in pensionable public service.
(3) In sub-paragraph (2), the closing date for the existing scheme means the date referred to in section 18(4)(a) or (b) of the 2013 Act as applicable.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/2/paragraph/5n1 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-2/paragraph-5n1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.