# The Armed Forces Pension Scheme Order 2005, Paragraph 36: Arrangements other than a pension sharing order: calculating the value of pension benefits


(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—
(a)a deferred choice member, the section 10 election period in relation to M;
(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.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/3/paragraph/36 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-3/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.