Regulation 16 Insertion of new article 3A in the EDP Order 2005I1

The EDP Order 2005 is amended by, after article 3, inserting the following new article—

“Meaning of “a person with dual entitlement”

3A.

(1)

For the purposes of the Scheme “a person with dual entitlement” means, subject to paragraph (2), a person who—

(a)

is a member of AFPS 2005 by virtue of their pensionable service under the AFPS 2005, or

(b)

was eligible to have been a member of AFPS 2005, and

(c)

is also a member of the AFPS 2015 by virtue of their pensionable service under the AFPS 2015, or

(d)

was eligible to have been a member of the AFPS 2015 on or after 1st April 2015.

(2)

A person is not a person with dual entitlement where the gap between the last day of service or eligibility at paragraph (1)(a) or (b) as the case requires and the first day of service or eligibility at paragraph (1)(c) or (d) as the case requires exceeds 5 years.”.