Article 9 Eligibility for redundancy paymentsI1

United Kingdom

(1)

A member of the armed forces is entitled to a payment under article 10 if conditions A to F1E are met.

(2)

Condition A is that the person’s service as a member of the armed forces began before 6th April 2005.

(3)

Condition B is that the person is not an excluded person.

F2(4)

Condition C is that the person—

(F3a)

has been notified by or on behalf of the Defence Council that their service is to be terminated and that they will be eligible for compensation under the AFRS 2010;

(b)

is an officer holding at least the rank of Commodore, Brigadier or Air Commodore who has been notified by the Defence Council that they—

(i)

are directed to take early retirement; and

(ii)

will be eligible for compensation under AFRS 2010.

(5)

Condition D is that the person’s service as a member of the armed forces ceases, in pursuance of a notification mentioned in paragraph (4), on a date after 6th April 2010.

F4(5A)

Condition E is that the person is not entitled to an ill-health pension under the AFPS 1975.

(6)

In paragraph (3) “excluded person” means—

(a)

a person who is excluded by their terms and conditions of service from entitlement to payments under article 10, unless the Defence Council has agreed that they be treated as if those terms did not apply; or

F5(b)

a person who is an active member of the Armed Forces Pension Scheme 2005 or the AFPS 2015, or who has opted to cease to be an active member of either of these pension schemes.

Annotations

Textual amendments

F1: Word in art. 9(1) 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, 11(1)
F2: Art. 9(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, 11(2)
F3: Art. 9(4)(a) substituted (1.1.2021) by The Armed Forces Redundancy Scheme Order 2020 (S.I. 2020/1298), arts. 1, 14(a)
F4: Art. 9(5A) substituted (1.1.2021) by The Armed Forces Redundancy Scheme Order 2020 (S.I. 2020/1298), arts. 1, 14(b)
F5: Art. 9(6)(b) substituted (1.1.2021) by The Armed Forces Redundancy Scheme Order 2020 (S.I. 2020/1298), arts. 1, 14(c)

Commencement

I1: Art. 9 in force at 6.4.2010, see art. 1(2)