Paragraph 1 General interpretationI1
United Kingdom
In this Schedule—
“active member” in relation to a member of a pension scheme, has the meaning given in section 124(1) of the Pensions Act 1995f1;
“additional duties commitment” means a commitment under section 25 of the Reserve Forces Act 1996f2;
“annualised relevant earnings” has the meaning given in paragraph 3(3);
“AFPS 1975” means the occupational pension scheme arrangements known as the Armed Forces Pension Scheme 1975 and set out in—
- (a)
the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010f3;
- (b)
the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010f4; and
- (c)
the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010f5;
- (a)
“AFPS 2005” means the Armed Forces Pension Scheme 2005 established by the Armed Forces Pension Scheme Order 2005f6;
“AFPS 2015” means the pension scheme established by the Armed Forces Pension Regulations 2014f7;
“AFRS 2006” means the Armed Forces Redundancy Scheme 2006, established by the Armed Forces Redundancy Scheme Order 2006f8;
“AFRS 2010” means the Armed Forces Redundancy Scheme 2010, established by the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010f9;
“AFRS 2020” means the Armed Forces Redundancy Scheme 2020;
F1“Chapter 1 legacy scheme” means a legacy pension Scheme, within the meaning of Chapter 1 of PSPJOA 2022, for the armed forces and reserve forces under which service in the—
- (a)
regular forces, or
- (b)
reserve forces under sections 24 or 25 of the Reserve Forces Act 1996,
is pensionable;
- (a)
“commitment period”, in relation to a member of the armed forces, means the period for which the person’s terms of service commit them to serve;
“EDP 2015 payments” mean payments under regulation 9 of the Armed Forces Early Departure Payments Scheme Regulations 2014f10;
“EDP 2005 payments” mean payments under article 9 of the Armed Forces Early Departure Payments Scheme Order 2005f11;
“eligible person” means a person who is eligible within the meaning of paragraph 7;
“final relevant earnings” has the meaning given in paragraph 3;
“flexible service” means one or both of the following types of service—
- (a)
part-time service;
- (b)
restricted separation service,
and references to a member serving on flexible terms must be construed accordingly;
- (a)
“FTRS commitment” means a full time reserve service commitment under section 24 of the Reserve Forces Act 1996f12;
“maximum pension”, in relation to any person, means a pension calculated by reference to the highest number of years of reckonable service that may be used in that calculation;
“part-time service” means—
- (a)
for enlisted members, a period of service where the member is serving in accordance with an arrangement provided for in regulations made under section 329(2)(ha) of the Armed Forces Act 2006f13;
- (b)
for members who are officers, a period of service on equivalent terms of service;
- (a)
“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;
“redundancy qualifying service” has the meaning given in paragraph 5;
“relevant earnings” has the meaning given in paragraph 4;
“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Chapter 1 legacy scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;
“remedy member” means a member with remediable service;
“restricted separation service” means—
- (a)
for enlisted members, a period of service where the member is serving in accordance with an arrangement which does not restrict the member’s service in a particular area but does make it subject to other geographic restrictions provided for in regulations made under section 329(2)(i) of the Armed Forces Act 2006;
- (b)
for members who are officers, a period of service on equivalent terms of service;
- (a)
“section 6 election” means an election under section 6 of PSPJOA 2022 for Scheme benefits made—
- (a)
under the rules of a Chapter 1 legacy scheme, and
- (b)
by a remedy member.
- (a)
“service reduction percentage” has the meaning given in paragraph 2.
Annotations
Textual amendments
- F1
Words in Sch. para. 1 inserted (1.10.2023) by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), regs. 1(b), 40(2)
Commencement
- I1
Sch. para. 1 in force at 1.1.2021, see art. 1(b)
Footnotes
- f1
- f2
- f3
-
The rules of the AFPS 1975 in relation to former members of the Navy and Royal Marines are stated in Schedule 1 to the Order, as substituted by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, and as amended by further Orders.
- f4
-
The rules of the AFPS 1975 in relation to former members of the Army are stated in Schedule 1 to the Warrant, as substituted by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010, and as amended by further Warrants.
- f5
-
The rules of the AFPS 1975 in relation to former members of the Royal Air Force are stated in Schedule 1 to the Order, as substituted by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010, and as amended by further Orders.
- f6
-
S.I. 2005/438 as amended.
- f7
- f8
- f9
- f10
- f11
- f12
- f13