{
  "url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-2/paragraph-7n1",
  "json_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-2/paragraph-7n1.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/2/paragraph/7n1",
  "kind": "paragraph",
  "number": "7",
  "heading": "Full protection members of the AFPS 2005",
  "text": "(1) A person (P) to whom either of paragraphs 8 or 9 applies is a full protection member of the AFPS 2005.\n(2) P ceases to be a full protection member of the AFPS 2005 at the end of whichever of the following days occurs first—\n(a) the day on which P ceases to be in pensionable service under that scheme unless sub-paragraph (3) or (4) applies; or\n(b) 31st March 2022.\n(3) This sub-paragraph applies if—\n(a) P returns to service which is pensionable under the AFPS 2005 from service which is pensionable under an existing scheme or a public body pension scheme; and\n(b) P would have been a fully protected member of that existing scheme or public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is pensionable under the AFPS 2005.\n(4) This sub-paragraph applies if—\n(a) P returns to service which is pensionable under the AFPS 2005 otherwise than from service which is pensionable under an existing scheme or a public body pension scheme; and\n(b) P returns to service which is pensionable under the AFPS 2005 after a gap in service not exceeding 5 years.\n(5) In this paragraph—\n“exception means”—\n(a)in relation to an existing scheme, an exception under section 18(5) of the 2013 Act provided for in the scheme regulations for that scheme; and\n(b)in relation to a public body pension scheme, an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme; and\n“fully protected member” of an existing scheme or a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act (or that section as applied by section 31(4) applies) for the purposes of that scheme.\n(6) For the purpose of paragraph (4)(b), after 31st March 2015 P is not on a gap in service while P is in service which is pensionable under an existing scheme or a public body pension scheme.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 inserted (1.4.2015) by The Armed Forces (Transitional Provisions) Pensions Regulations 2015 (S.I. 2015/568), reg. 1(2), Sch. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 2 para. 7(2) substituted (1.4.2022) by The Armed Forces Pensions (Amendment) Regulations 2022 (S.I. 2022/323), regs. 1(2), 3(2)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/438/schedule/2/paragraph/7n1",
    "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."
}