# The Armed Forces (Transitional Provisions) Pensions Regulations 2015, Regulation 40: Amendment of article 35 (entitlement to resettlement grants) of the AF(RRGES) (No.2) Order

Extent: E+W+S+N.I.

Article 35 of the AF(RRGES) (No.2) Order is amended by—
(a) substituting for the existing paragraph (1)—
“(1) A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person—
(a) was, immediately before ceasing service, an active member of the AFPS 1975 or has opted-out;
(b) has the relevant years of service;
(c) is not entitled to the immediate payment of a pension under the AFPS 1975;
(d) is not entitled to the immediate payment of a pension under the AFPS 2015;
(e) is not entitled to an early departure payment under regulations 8 and 9 of the EDP 2015; and
(f) either—
(i) has not previously received a payment under the AFRGS 2010; or
(ii) has made a repayment in respect of a payment previously received in sub-paragraph (i).”
(b) substituting in paragraph (2)—
““relevant years of service””
for—
““relevant years of reckonable service””.
(c) inserting after paragraph (5)—
“(6) Transition members are not entitled to a lump sum payment under regulation 16 of the EDP 2015.”.

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Source: https://www.legislation.gov.uk/uksi/2015/568/regulation/40 (the official version)
Page: https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015/regulation-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.