{
  "url": "https://openlegislation.uk/armed-forces-pensions-amendment-regulations-2022/regulation-5",
  "json_url": "https://openlegislation.uk/armed-forces-pensions-amendment-regulations-2022/regulation-5.json",
  "legislation": "uksi/2022/323",
  "legislation_title": "The Armed Forces Pensions (Amendment) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/armed-forces-pensions-amendment-regulations-2022",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment of the Reserve Forces Pension Scheme Regulations 2005",
  "text": "(1) The Reserve Forces Pension Scheme Regulations 2005 are amended as follows.\n(2) In Schedule 3 (transitional provision)—\n(a) in paragraph 1 (interpretation), for the definition of “transition date”, substitute—\n““transition date” in relation to a transition member means—\n(a) in the case of a member who ceased to be a full protection member of the RFPS 2005 in accordance with paragraph 7(2)(b), 1st April 2022;\n(b) in any other case, 1st April 2015 or, if later, the day a person ceased to be a full protection member of the RFPS 2005;”;\n(b) in paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “1st April 2015” substitute “T’s transition date”;\n(c) in paragraph 7 (full protection members of the RFPS 2005), for sub-paragraph (2), substitute—\n“(2) P ceases to be a full protection member of the RFPS 2005 at the end of whichever of the following days occurs first—\n(a) the day on which P ceases to be in reckonable service under that scheme unless sub-paragraph (3) or (4) applies; or\n(b) 31st March 2022.”;\n(d) in paragraph 9 (members of an existing scheme or a public body pension scheme)—\n(i) in sub-paragraph (1)(d), before “P would have been”, insert “sub-paragraph (1A) applies or”;\n(ii) after sub-paragraph (1), insert—\n“(1A) This sub-paragraph applies if—\n(a) P was a full protection member of the existing scheme referred to in sub-paragraph (1)(c);\n(b) P had ceased to be a full protection member of that scheme after leaving pensionable service under it; and\n(c) the rules of that scheme made no provision for a person to re-enter pensionable service under the scheme.”;\n(e) omit paragraph 38 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment);\n(f) in paragraph 43 (secondment to NATO or the UN etc)—\n(i) in sub-paragraph (1), for “1st April 2015” substitute “the member’s transition date”;\n(ii) in sub-paragraph (2)—\n(aa) for “rule C.9(2)” substitute “rule C.9(2) to (5)”;\n(bb) in the substituted paragraph (2) of rule C.9 (secondment to NATO or the UN etc), for “1st April 2015” substitute “the member’s transition date”;\n(cc) after the substituted paragraph (2) of rule C.9, insert—\n“(3) The option may only be exercised if—\n(a) the member has given notice in writing to the Scheme administrator in such form as the Secretary of State requires; and\n(b) the member has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014.\n(4) If the member exercises the option under paragraph (2) and pays a contribution equal to the aggregate amount of—\n(a) any contributions returned to the member by the pension arrangement to which the member belonged in respect of the member’s service during the secondment; and\n(b) any lump sum paid to the member on leaving the organisation or to the person to whom the member was seconded as a severance payment,\nthe member is entitled to count the period of the member’s secondment before the member’s transition date as reckonable service.\n(5) If the aggregate amount mentioned in paragraph (4) is less than the amount determined by the Scheme actuary to be the amount required to be paid in order to increase the member’s reckonable service by the period of the member’s secondment before the member’s transition date, the Secretary of State must make a contribution to the Scheme equal to the difference.\n(6) If the aggregate amount mentioned in paragraph (4) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015.\n(7) In this rule, “transition date” has the meaning given in paragraph 1 of Schedule 3.”.\n(3) Paragraph (2)(d) and (f) have effect on and after 1st April 2015.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "These regulations establish the Reserve Forces Pension Scheme 2005. These regulations are made under sections 4 and 8 of the Reserve Forces Act 1996 (c. 14) and are not made by statutory instrument. The regulations were amended by S.I. 2015/568 which inserted Schedule 3. There are other amending instruments but none is relevant. Those instruments which are not statutory instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Level 6 Zone M, Whitehall, London SW1A 2HB."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/323/regulation/5",
    "retrieved_at": "2026-10-28T22:02:18.358156+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."
}