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Paragraph 36 Arrangements other than a pension sharing order: calculating the value of pension benefitsF1

(1)

This paragraph applies where—

(a)

the value of the remediable rights of a member (“M”) must be determined for the purpose of proceedings connected to M’s divorce, annulment or the dissolution of M’s civil partnership,

(b)

the divorce, annulment or dissolution is to take effect—

(i)

on or after 1st October 2023, and

(ii)

before the earlier of—

(aa)

a decision taking effect in relation to M’s remediable service, or

(bb)

the end of the relevant election period, and

(c)

the value of M’s remediable rights is not to be subject to a pension sharing order.

(2)

The value of M’s remediable rights for the purpose of the proceedings is the greater of those rights valued by the Scheme manager, having regard to the advice of the Scheme actuary, as if they were—

(a)

secured in M’s legacy scheme, or

(b)

secured in the reformed scheme.

(3)

In this paragraph—

  • “decision” means an immediate choice decision or a deferred choice decision;

  • “pension sharing order” means an order or provision which attracts section 29 of WRPA 1999 in relation to M’s remediable rights;

  • “relevant election period” means, where M is—

    1. (a)

      a deferred choice member, the section 10 election period in relation to M;

    2. (b)

      an immediate choice pensioner member, the section 6 election period in relation to M;

  • “remediable rights” means the rights secured by virtue of M’s remediable service.

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