{
  "url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-25",
  "json_url": "https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-25.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/3/paragraph/25",
  "kind": "paragraph",
  "number": "25",
  "heading": "Information before 1st October 2023: transfer day after 1st October",
  "text": "(1) This paragraph applies—\n(a) where the transfer day in relation to a relevant pension sharing order is on or after 1st October 2023, and\n(b) whether or not the relevant pension sharing order also makes provision in relation to the reformed scheme for an appropriate amount to be transferred to C.\n(2) The Scheme manager must determine the remediable appropriate amount.\n(3) The remediable appropriate amount is the greater of the following amounts—\n(a) the legacy remediable appropriate amount;\n(b) the reformed remediable appropriate amount.\n(4) The Scheme manager must transfer the legacy remediable appropriate amount to C’s pension credit account in this Scheme.\n(5) Where the remediable appropriate amount is greater than the legacy remediable appropriate amount, C’s pension credit account is subject to an adjustment (a “remediable credit adjustment”) equal to the difference.\n(6) The Scheme manager must, as soon as reasonably practicable, provide C with a statement setting out—\n(a) the legacy remediable appropriate amount,\n(b) the reformed remediable appropriate amount,\n(c) the remediable appropriate amount,\n(d) the remediable credit adjustment, if any, and\n(e) where paragraph 26(4) applies in relation to C, an explanation of the request that may be made in accordance with paragraph 26(5) and the consequences of making, or not making, such a request.\n(7) In determining the remediable appropriate amount for the purposes of sub-paragraph (4), the percentage value for the purposes of section 29(2) WRPA 1999 is—\n(a) where the relevant pension sharing order specifies a percentage value in relation to this Scheme only, that percentage value;\n(b) where the relevant pension sharing order specifies different percentage values in relation to this Scheme and the reformed scheme, the percentage value that is specified for the pension Scheme under which remediable relevant benefits were accrued, disregarding the effect of section 2(1) of PSPJOA 2022.\n(8) Where the relevant pension sharing order specifies an amount to be transferred, the Scheme manager must—\n(a) calculate the percentage (the “implied percentage”) that the initial appropriate amount represented of the cash equivalent of D’s shareable rights on the valuation day—\n(i) as if they had been secured in this Scheme, where D was a full protection member before 1st April 2022, or\n(ii) as if they had been secured in the reformed scheme, where D was a transition member with continuity of service before 1st April 2022;\n(b) determine the legacy remediable appropriate amount for the purposes of section 29(3) of WRPA 1999 by applying the implied percentage to the cash equivalent of the remediable relevant benefits as if they had been secured in this Scheme on the valuation day;\n(c) determine the reformed remediable appropriate amount for the purposes of section 29(3) of WRPA 1999 by applying the implied percentage to the cash equivalent of the remediable relevant benefits as if they had been secured in the reformed scheme on the valuation day.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/438/schedule/3/paragraph/25",
    "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."
}