OpenLegislation

Article 6 Redundancy reckonable serviceI1

United Kingdom

(1)

F1..., “F2Redundancy reckonable service” in relation to a member of the armed forces, means, the aggregate of any period of service referred to in paragraphs (2) and (3), F3whether current or previous aggregated service, but excluding any period which occurs before the member reaches the age of 18.

(2)

The service mentioned in paragraph (1) is any period during which the member is—

(a)

in service and in receipt of basic pay;

(b)

on secondment to a different employment under an arrangement where the member is paid by that employer but the terms of secondment provide for the member to be an active member of the AFPS 1975 (or would have provided had the member been an active member of the AFPS 1975);

(c)

in receipt of statutory maternity pay;

(d)

in receipt of statutory adoption pay;

(e)

on ordinary adoption leave;

(f)

on ordinary maternity leave;

F4(ff)

on paid shared parental leave;

(g)

on F5... paternity leave; or

(h)

on unpaid leave for a period which the Defence Council has agreed beforehand can count for this purpose.

(3)

Where paragraph (4) applies, service includes any period during which the member is seconded to the United Nations, the North Atlantic Treaty Organisation, or any other arrangement with any other organisation or person under which a member may be seconded into other military service.

F6(4)

This paragraph applies where the member—

(a)

is an active member of the AFPS 1975 on the day before the secondment commences;

(b)

resumes service in the armed forces at the end of the period of secondment and again becomes an active member of the AFPS 1975; and

(c)

is entitled to make a single lump sum payment calculated in accordance with the rules set out in the AFPS 1975 following a secondment to an organisation referred to in paragraph (3) to increase reckonable service.

F7(4A)

Where a person has served on flexible terms, the person’s relevant service for each period of such service, calculated for the purposes of paragraph (1), is reduced by the service reduction percentage applicable to that period of flexible service.

(5)

In this article—

  • “current service” means service as a member of the armed forces which commenced on the date the member last became a member of the armed forces and continues without interruption until the day on which service in the armed forces terminates; and

  • F8“previous aggregated service” means a period of service as a member of the armed forces which terminated before current service began and which has been aggregated with the member’s current service under rule G.3, G.4 or G.5 of the Armed Forces Pension Scheme 1975.

Annotations

Textual amendments

F1

Words in art. 6(1) omitted (10.1.2012) by virtue of The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 4(1)(a)

F2

Words in art. 6(1) substituted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 4(1)(b)

F3

Words in art. 6(1) substituted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 4(1)(c)

F4

Art. 6(2)(ff) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 21(3)(a)

F5

Words in art. 6(2)(g) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 21(3)(b) (with art. 35(1))

F6

Art. 6(4) substituted (28.2.2011) by The Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 (Amendment) Order 2011 (S.I. 2011/208), arts. 1, 9(2)

F7

Art. 6(4A) inserted (1.1.2021) by The Armed Forces Redundancy Scheme Order 2020 (S.I. 2020/1298), arts. 1, 13

F8

Words in art. 6(5) substituted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 4(2)

Commencement

I1

Art. 6 in force at 6.4.2010, see art. 1(2)