Explanatory note

These Regulations make consequential provision for members of the armed forces pension schemes arising out of provisions in the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (“the 2022 Act”) which close all pre-2015 legacy schemes to future accrual after 31st March 2022. These regulations also make retrospective amendments to transitional provisions previously made under the Public Service Pensions Act 2013 (c. 25) (“the 2013 Act”) in 2015. The 2013 Act had also closed pre-2015 legacy schemes to future accrual, but subject to exceptions set out in scheme regulations.

Regulation 2 amends the three instruments which set out the Armed Forces Pension Scheme 1975. It makes changes to those instruments in consequence of the closure by the 2022 Act of that scheme to future accrual. It does so by amending the transitional provisions which were inserted in those instruments in consequence of the 2013 Act. In particular, the amendments facilitate the transition on 1st April 2022 of members of the scheme to the current armed forces pension scheme: the Armed Forces Pension Scheme 2015 (“the AFPS 2015”). The amendments to the provision governing the purchase of additional reckonable service for a period of secondment have retrospective effect. The retrospective provisions are made under section 3(3)(b) of the 2013 Act.

Regulation 3 amends the instrument which sets out the Armed Forces Pension Scheme 2005 (“the AFPS 2005”). These amendments correspond to the amendments made for the Armed Forces Pension Scheme 1975, including the provision on secondments with retrospective effect. In addition, regulation 3 amends the provision about exceptions from the closure of the scheme by the 2013 Act. Such exceptions are no longer possible after 31st March 2022. This amendment has retrospective effect for the period beginning with 1st April 2015 and ending on 31st March 2022. The retrospective provisions are made under section 3(3)(b) of the 2013 Act.

Regulation 4 amends the Armed Forces Early Departure Payments Scheme Order 2005 to update the definition of “transition date” (the date on which a person leaving the AFPS 2005 is eligible to become a member of the AFPS 2015) to reflect changes made in relation to the AFPS 2005.

Regulation 5 amends the instrument which sets out the Reserve Forces Pension Scheme 2005. These amendments correspond to the amendments made for the AFPS 2005. This includes the provisions on secondments and exceptions from the 2013 Act closure which have retrospective effect. The retrospective provisions are made under section 3(3)(b) of the 2013 Act.

Regulations 6 and 7 amend the instruments which set out, respectively, the Full-Time Reserve Service Pension Scheme 1997 and the Non Regular Permanent Staff Pension Scheme 2011. These amendments are made in consequence of the 2022 Act.

Regulation 8 amends the instrument which sets out the AFPS 2015 in consequence of the 2022 Act. It amends the rule on eligibility for active membership so that opt outs in connected pension schemes are carried forward to the AFPS 2015, with retrospective effect. It also replaces references to 31st March 2015 with references to the member’s transition date and inserts a new regulation relating to secondments both with retrospective effect. The retrospective provisions are made under section 3(3)(b) of the 2013 Act.

A full impact assessment has not been produced for this instrument.