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Paragraph 19 Effect of a section 6 electionF1

(1)

This paragraph applies where an immediate choice decision under paragraph 9(1)(a) (a section 6 election) is made in respect of R’s remediable service.

(2)

For the purposes of calculating the benefits payable to, or in respect of, R in relation to R’s re-joiner service—

(a)

R is treated as though they were a transition member with continuity of service within the meaning of paragraph 2 of Schedule 3 to the AFPS 1975, and

(b)

Chapter 3 of Part 7 of Schedule 4 to the AFPS 1975 (remediable service) applies for the purposes of determining benefits payable in respect of R’s re-joiner service.

(3)

The section 6 election is treated as a notice under rule G.4(2) of Schedule 1 to aggregate R’s earlier service under the AFPS 1975 with R’s remediable service in this Scheme.

(4)

Where a pension is payable to R under this paragraph and R dies, the provisions of this Part apply in relation to any benefits that may be payable following R’s death.

Annotations

Textual amendments

F1

Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2

Notes on Schedule 3

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

Notes on Part 4

Modifications

C1

Sch. 3 Pt. 4 excluded (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), 11