Article 3 Interpretation

In this Order—

• “the AFPS 1975” means the occupational pension scheme arrangements, other than the AFPS 2005, that are open to members of the armed forces and set out in—

  1. (a)

     Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865^f1,

  2. (b)

     the Army Pensions Warrant 1977^f2, and

  3. (c)

     Orders and regulations made under section 2 of the Air Forces (Constitution) Act 1917^f3,

  or any instrument amending or replacing any of those instruments;

• “the AFPS 2005” means the Armed Forces Pension Scheme 2005 established by article 2 of the Armed Forces Pension Scheme Order 2005^f4;

• “commitment period”, in relation to a member of the armed forces, means the period for which the person’s terms of service commit him to serve;

• “the EDP Order” means the Armed Forces Early Departure Payments Scheme Order 2005^f5;

• “final relevant earnings” has the same meaning as in the EDP Order (see articles 6 and 7 of that Order);

• “member”—

  1. (d)

     in relation to the army, does not include a member—

     1. (i)

        of the Royal Irish Regiment (Part Time), or

     2. (ii)

        in the case of a Nepalese person recruited in Nepal, of the Brigade of Gurkhas,

     and references to service, in relation to service as a member of the armed forces, are to be read accordingly;

  2. (e)

     in relation to the AFPS 2005, means an active member (as defined in that Scheme), a deferred member (as so defined) or a pensioner member (as so defined);

• “relevant service” has the meaning given in article 4 of the EDP Order;

• “the Scheme” means the Armed Forces Redundancy Scheme 2006.

In this Order references to periods of relevant service (or service) are to be interpreted as follows.

In the first instance periods of relevant service (or service) are to be calculated in complete years and days and, where it is necessary to aggregate such periods, the aggregation is to be done by reference to periods so expressed and on the assumption that there are 365 days in a complete year.

But to determine years of relevant service (or service) the days referred to in paragraph (3) are converted into years by dividing the number of days in excess of the period of whole years by 365 and calculating the result to four decimal places.

If a period of relevant service (or service) is less than one year—