{
  "url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015/schedule-5",
  "json_url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015/schedule-5.json",
  "legislation": "uksi/2015/568",
  "legislation_title": "The Armed Forces (Transitional Provisions) Pensions Regulations 2015",
  "legislation_url": "https://openlegislation.uk/armed-forces-transitional-provisions-pensions-regulations-2015",
  "path": "schedule/5",
  "kind": "schedule",
  "number": "5",
  "heading": "Schedule to be inserted in the Reserve Forces Pension Scheme 2005",
  "text": "“SCHEDULE 3\nTransitional Provision\nPART 1\nInterpretation\nInterpretation\n1. In this Schedule—\n“RFPS 2005” means the Reserve Forces Pension Scheme 2005, established by the Reserve Forces Pension Scheme Regulations 2005;\n“AFPS 2015” means the scheme established by the AFP Regulations 2014;\n“AFP Regulations 2014” means the Armed Forces Pensions Regulations 2014;\n“continuity of service” in relation to a transition member has the meaning given in paragraph 2;\n“club transfer” means a transfer to or from the RFPS 2005 under the club transfer arrangements;\n“club transfer arrangements” means arrangements approved by the manager of the AFPS 2015 scheme as providing reciprocal arrangements between that scheme, any connected scheme and other registered occupational pension schemes for making and receiving club transfer value payments;\n“club transfer value” in relation to an amount of accrued earned pension under the AFPS 2015, the RFPS 2005 or under another club scheme, means an amount calculated by the manager of the AFPS 2015 scheme—\n(a) in accordance with the club transfer arrangements; and\n(b) (b) by reference to the guidance and tables provided by the Government Actuary for this purpose that are in use on the date used for the calculation;\n“connected scheme” means another statutory pension scheme that is connected with the RFPS 2005 scheme within the meaning of section 4(6) of the 2013 Act;\n“full protection member” has the meaning given in Part 2;\n“pensionable public service” means pensionable service under an existing scheme or a public body pension scheme;\n“protection period” has the meaning given in paragraph 10;\n“scheme employment” has the meaning given in regulation 13 of the AFP Regulations 2014;\n“transition date” in relation to a transition member means 1st April 2015 or, if later, the day a person ceased to be a full protection member of the RFPS 2005;\n“transition member means a person—\n(a) who is a member of RFPS 2005 by virtue of their reckonable service under the RFPS 2005 before the transition date; and\n(b) who is also a member of the AFPS 2015 by virtue of their pensionable service under that scheme;\n“the 2013 Act” means the Public Service Pensions Act 2013;\n“transfer payment” means payment of a transfer value; and\n“transfer value” has the meaning given in Part 8 of the AFP Regulations 2014.\nMeaning of “continuity of service”\n2. (1) For the purposes of this Schedule, a transition member (T) has continuity of service between reckonable service in the RFPS 2005 and pensionable service in the AFPS 2015 (“continuity of service”) unless T has a gap in service exceeding 5 years which—\n(a) begins on or before T’s transition date; and\n(b) ends on the day on which T becomes an active member of the AFPS 2015.\n(2) For the purpose of sub-paragraph (1), during the period starting with 1st April 2015, T is not on a gap in service while T is in service which is pensionable under an existing scheme, a public body pension scheme or a scheme under section 1 of the 2013 Act.\nCommencement of active membership of the AFPS 2015 for a transition member\n3. (1) A person who is a transition member on entering pensionable service under the AFPS 2015 who does not have continuity of service becomes an active member of the AFPS 2015 on the day the person begins pensionable service in a scheme employment.\n(2) A person who is a transition member on entering pensionable service under the AFPS 2015 who has continuity of service (T) becomes an active member of the AFPS 2015—\n(a) if T is in pensionable service in a scheme employment on T’s transition date, on that date; or\n(b) if T is not in pensionable service in a scheme employment on T’s transition date, on the date T enters pensionable service in a scheme employment after that date.\nPART 2\nException to section 18(1) of the 2013 Act: full protection members of the RFPS 2005\nMeaning of “conditional full protection member of the RFPS 2005”\n4. (1) For the purpose of this Part a person (P) is a conditional full protection member of the RFPS 2005 on a given date if on that date—\n(a) P is in service in respect of which P is eligible to be a member of the RFPS 2005; or\n(b) P is on a gap in service not exceeding 5 years.\n(2) For the purpose of sub-paragraph (1), after 31st March 2015 P is not on a gap in service while P is in pensionable public service.\nMeaning of “conditional full protection member of an existing scheme”\n5. (1) For the purpose of this Part a person (P) is a conditional full protection member of an existing scheme on a given date if on that date—\n(a) P is in pensionable service under that scheme; or\n(b) P is on a gap in service not exceeding 5 years.\n(2) For the purpose of sub-paragraph (1), after the closing date for the existing scheme, P is not on a gap in service while P is in pensionable public service.\n(3) In sub-paragraph (2), the closing date for the existing scheme means the date referred to in section 18(4)(a) or (b) of the 2013 Act as applicable.\nMeaning of “conditional full protection member of a public body pension scheme”\n6. (1) For the purpose of this Part a person (P) is a conditional full protection member of a public body pension scheme on a given date if on that date —\n(a) P is in pensionable service under that scheme; or\n(b) P is on a gap in service not exceeding 5 years.\n(2) For the purpose of sub-paragraph (1), after the closing date for the public body pension scheme, P is not on a gap in service while P is in pensionable public service.\n(3) In sub-paragraph (2), the closing date for the public body pension scheme means the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme.\nFull protection members of the RFPS 2005\n7. (1) A person (P) to whom either of paragraphs 8 or 9 applies is a full protection member of the RFPS 2005.\n(2) P ceases to be a full protection member of the RFPS 2005 when P ceases to be in reckonable service under the RFPS 2005 unless sub-paragraph (3) or (4) applies.\n(3) This sub-paragraph applies if—\n(a) P returns to service which is reckonable under the RFPS 2005 from service which is pensionable under an existing scheme or a public body pension scheme; and\n(b) P would have been a fully protected member of that existing scheme or public body pension scheme had P re-entered service which is pensionable under that scheme on the date P returns to service which is reckonable under the RFPS 2005.\n(4) This sub-paragraph applies if—\n(a) P returns to service which is reckonable under the RFPS 2005 otherwise than from service which is pensionable under an existing scheme or a public body pension scheme; and\n(b) P returns to service which is reckonable under the RFPS 2005 after a gap in service not exceeding 5 years.\n(5) In this paragraph—\n“exception means”—\n(a) in relation to an existing scheme, an exception under section 18(5) of the 2013 Act provided for in the scheme regulations for that scheme; and\n(b) in relation to a public body pension scheme, an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme.\n“fully protected member” of an existing scheme or a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act (or that section as applied by section 31(4) applies) for the purposes of that scheme.\n(6) For the purpose of paragraph (4)(b), after 31st March 2015 P is not on a gap in service while P is in service which is pensionable under an existing scheme or a public body pension scheme.\nMembers of the RFPS 2005 on 31st March 2015\n8. (1) This paragraph applies if sub-paragraph (2) or sub-paragraph (3) applies—\n(2) This sub-paragraph applies if—\n(a) A person (P) was a conditional full protection member of the RFPS 2005 on 31st March 2015 and on 31st March 2012; and\n(b) unless P dies, P would reach age 60 on or before 1st April 2022.\n(3) This sub-paragraph applies if—\n(a) P was a conditional full protection member of an existing scheme or a public body pension scheme on 31st March 2012;\n(b) P was a conditional full protection member of the RFPS 2005 on 31st March 2015; and\n(c) unless P dies, P would reach age 60 on or before 1st April 2022.\n(4) For the purpose of this paragraph, a member is a conditional full protection member of the RFPS 2005 on a given date if rule C.9(1) of the RFPS 2005 applies on that date.\nMembers of an existing scheme or a public body pension scheme\n9. (1) This paragraph applies if—\n(a) A person (P) was a conditional full protection member of a public body pension scheme or an existing scheme other than the RFPS 2005 on the closing date for that scheme;\n(b) P was a conditional full protection member of a public body pension scheme or an existing scheme (“P’s transitional scheme”) on 31st March 2012;\n(c) P begins service which is reckonable under the RFPS 2005 not more than 5 years after leaving pensionable service under an existing scheme or a public body pension scheme;\n(d) P would have been—\n(i) a full protection member of the existing scheme referred to in paragraph (c) had P re-entered pensionable service under that scheme on the date P begins service which is reckonable under the RFPS 2005; or\n(ii) a fully protected member of the public body pension scheme referred to in paragraph (c) had P re-entered service which is pensionable under that scheme on the date P begins service which is reckonable the RFPS 2005; and\n(e) P would, unless P dies, reach age 60 and normal pension age under P’s transitional scheme on or before 1st April 2022.\n(2) For the purposes of this paragraph—\n(a) the closing date for an existing scheme is the date referred to in section 18(4)(a) or (b) of the 2013 Act, as applicable;\n(b) the closing date for a public body pension scheme is the date determined under section 31(2) of the 2013 Act by the public authority responsible for that scheme;\n(c) “exception”, in relation to a public body pension scheme, means an exception under section 31(4) of the 2013 Act provided for by the public authority responsible for that scheme; and\n(d) “fully protected member” of a public body pension scheme means a person in respect of whom an exception applies, which exception is one to which section 18(6) of the 2013 Act, as applied by section 31(4), applies for the purposes of that scheme.\nException for full protection member during protection period\n10. (1) The protection period for a person (P) who is a full protection member of the RFPS 2005 is the period which—\n(a) begins on 1st April 2015; and\n(b) ends when P ceases to be a full protection member of the RFPS 2005.\n(2) During the protection period—\n(a) P is eligible to be in reckonable service under the RFPS 2005;\n(b) section 18(1) of the 2013 Act does not apply in respect of that reckonable service; and\n(c) benefits are to be provided under the RFPS 2005 to or in respect of P in relation to that reckonable service.\nFull protection member not eligible to join the AFPS 2015\n11. While a person (P) is a full protection member of the RFPS 2005, P is not eligible to be an active member of the AFPS 2015.\nPART 3\nPayment of ill-health benefits to transition members with continuity of service\nTransition members not to receive early ill-heath benefits except in accordance with this Part\n12. A transition member with continuity of service is not to receive early benefits on ill-health retirement except as provided by this Part.\nActive transition member with permanent serious ill-health who has not reached age 60\n13. (1) This paragraph applies in relation to a transition member with continuity of service (T) who—\n(a) meets the criteria for an ill-health pension (active member with permanent serious ill-health) under regulation 51 of the AFP Regulations 2014; and\n(b) has not reached age 60.\n(2) If this paragraph applies—\n(a) early benefits on permanent serious ill-health are not payable under the RFPS 2005; and\n(b) ill-health benefits (active member with permanent serious ill-health) are payable under the AFPS 2015 in accordance with this paragraph.\n(3) The ill-health benefits payable under paragraph (2)(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.\n(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with the rules in Part D of the RFPS 2005 but when calculating the rate of annual pension, in rule D.5 (early payment of benefits: active members with permanent serious ill-health) the following is substituted for paragraph (6)—\n“(6) (a) For the purposes of paragraph (5), N is equal to the sum of—\n(i) the member’s years of reckonable service in RFPS 2005 served in the member’s current commitment; and\n(ii) X multiplied by Y.\n(b) In this paragraph, X is equal to the member’s years of reckonable service in the RFPS 2005 divided by the total of the member’s years of reckonable service in the RFPS 2005 and the member’s years of pensionable service in the AFPS 2015.\n(c) In this paragraph, Y is half of the further reckonable service which the member would have been able to count in the RFPS 2005 if the member had been an accruing member of the RFPS 2005 from the date of the ill-health retirement until the end of the member’s current commitment”.\n(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with the AFP Regulations 2014 but, when calculating the rate of annual pension, the following is substituted for regulation 54(2)(b) of the AFP Regulations 2014—\n“(b) B is the sum of—\n(i) the member’s pensionable service under the scheme as calculated in accordance with regulation 54(2)(a)(i) and (ii); and\n(ii) X multiplied by N.\n(c) In this paragraph, X is equal to the member’s years of pensionable service in the AFPS 2015 divided by the total of the member’s years of reckonable service in the RFPS 2005 and the member’s years of pensionable service in the AFPS 2015.\n(d) In this paragraph, N is the greater of—\n(i) half of the further pensionable service which the member would have been able to count under the scheme if the member had been an accruing member from the date of the ill-health retirement until age 60; and\n(ii) the lesser of Y and Z.\n(e) In this paragraph, Y is equal to 25 minus the total of the member’s years of reckonable service in the RFPS 2005 and the sum of—\n(i) for all years up to the last active year, the number of scheme years (or parts of scheme years) for which amounts of earned pension were specified in the active member’s account; and\n(ii) in the last active scheme year, the number of calendar days (expressed as a proportion of a year) where the member was eligible for active membership.\n(f) In this paragraph, Z is equal to the further pensionable service which the member would have been able to count under the scheme if the member had been an accruing member from the date of the ill-health retirement until age 60.”.\n(7) On the date that the member reaches age 60, pension ceases to be payable under this paragraph, and paragraph 14 applies.\nTransition member with permanent serious ill-health who reaches age 60\n14. (1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving an ill-health pension (active member with permanent serious ill-health) in accordance with paragraph 13.\n(2) On the day the member reaches age 60—\n(a) of the benefits that were payable under paragraph 13(2)(b), the RFPS 2005 basic earned benefits cease to be payable under paragraph 13(2)(b) and instead become payable under the RFPS 2005; and\n(b) of the benefits that were payable under paragraph 13(2)(b), the RFPS 2005 permanent serious ill-health enhancement benefits continue to be payable under paragraph 13(2)(b).\n(3) For the purpose of this paragraph, subject to sub-paragraphs (4) and (5)—\n(a) the “RFPS 2005 basic earned benefits” means the amount arrived at by multiplying one seventieth of the member’s final pensionable earnings by the member’s reckonable service before T’s transition date expressed as number of years; and\n(b) the “RFPS 2005 permanent serious ill-health enhancement benefits” means the benefits payable at paragraph 13(4) in respect of service before T’s transition date minus the RFPS 2005 basic earned benefits.\n(4) If T—\n(a) has had their benefits reduced in accordance with rule D.12 (reduction in pension debit member’s benefits) of the RFPS 2005, that reduction is to be applied to the amount at paragraph (3)(a);\n(b) has exercised an option under rule D.10 (option to exchange lump sum for pension) of the RFPS 2005, the amount at paragraph (3)(a) is to be increased by the amount of the additional pension resulting from that option;\n(c) has had their benefits adjusted in accordance with section 237E (consequential benefit adjustment to be reasonable etc) of the Finance Act 2004, that adjustment is to be applied to the amount at paragraph (3)(a).\n(5) If the amount at paragraph (3)(a), after having been adjusted where applicable under sub-paragraph (4), is a negative amount, the “RFPS 2005 basic earned benefits” are zero, and the “RFPS 2005 permanent serious ill-health enhancement benefits” means the benefits payable at paragraph 13(4).\nActive transition member with significant impairment of capacity for gainful employment who has not reached age 60\n15. (1) This paragraph applies in relation to a transition member with continuity of service (T) who—\n(a) meets the criteria for an ill-health pension (active member with significant impairment of capacity for gainful employment) under regulation 52 of the AFP Regulations 2014; and\n(b) has not reached age 60.\n(2) If this paragraph applies—\n(a) early benefits on significant incapacity for gainful employment are not payable under the RFPS 2005; and\n(b) ill-health benefits (active member with significant impairment of capacity for gainful employment) are payable under the AFPS 2015 in accordance with this paragraph.\n(3) The ill-health benefits payable under paragraph (2)(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.\n(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with the rules in Part D of the RFPS 2005 but when calculating the rate of annual pension, in rule D.6 (early payment of benefits: active members with significant impairment of incapacity for gainful employment) the following is substituted for paragraph (4)—\n“(4) (a) For the purposes of paragraph (2), N is equal to the sum of—\n(i) the member’s years of reckonable service in the RFPS 2005 served in the member’s current commitment; and\n(ii) X multiplied by Y.\n(b) In this paragraph, X is equal to the total of the member’s years of reckonable service in the RFPS 2005 divided by the total of the member’s years of reckonable service in the RFPS 2005 and the member’s years of pensionable service in the AFPS 2015.\n(c) In this paragraph, Y is one third of the further reckonable service which the member would have been able to count under the RFPS 2005 if the member had been an accruing member of the RFPS 2005 from the date of the ill-health retirement until the end of the member’s current commitment.”.\n(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension the following is substituted for regulation 55(2)(b)—\n“(b) B is the sum of—\n(i) the member’s pensionable service under the Scheme as calculated in accordance with regulation 55(2)(a)(i) and (ii); and\n(ii) X multiplied by N.\n(c) In this paragraph, X is equal to the member’s years of pensionable service in the AFPS 2015 divided by the total of the member’s years of reckonable service in the RFPS 2005 and the member’s years of pensionable service in the AFPS 2015.\n(d) In this paragraph, N is equal to one third of the further pensionable service which the member would have been able to count under the scheme if the member had remained an accruing member from the date of the ill-health retirement until age 60.”.\n(7) On the date that the member reaches age 60, pension ceases to be payable under this paragraph, and paragraph 16 applies.\nTransition member with significant impairment of capacity for gainful employment who reaches age 60\n16. (1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving an ill-health pension (active member with significant impairment of capacity for gainful employment) in accordance with paragraph 15.\n(2) On the day the member reaches age 60—\n(a) of the benefits that were payable under paragraph 15(2)(b), the RFPS 2005 basic earned benefits cease to be payable under paragraph 15(2)(b) and instead become payable under the RFPS 2005; and\n(b) of the benefits that were payable under paragraph 15(2)(b), the RFPS 2005 significant incapacity ill-health enhancement benefits continue to be payable under paragraph 15(2)(b).\n(3) For the purpose of this paragraph, subject to sub-paragraphs (4) and (5)—\n(a) the “RFPS 2005 basic earned benefits” means the amount arrived at by multiplying one seventieth of the member’s final pensionable earnings by the member’s reckonable service before T’s transition date expressed as number of years; and\n(b) the “RFPS 2005 significant incapacity ill-health enhancement benefits” means the benefits payable at paragraph 15(4) in respect of service before T’s transition date minus the RFPS 2005 basic earned benefits.\n(4) If T—\n(a) has had their benefits reduced in accordance with rule D.12 (reduction in pension debit member’s benefits) of the RFPS 2005, that reduction is to be applied to the amount at paragraph (3)(a);\n(b) has exercised an option under rule D.10 (option to exchange lump sum for pension) of the RFPS 2005, the amount at paragraph (3)(a) is to be increased by the amount of the additional pension resulting from that option;\n(c) has had their benefits adjusted in accordance with section 237E (consequential benefit adjustment to be reasonable etc) of the Finance Act 2004, that adjustment is to be applied to the amount at paragraph (3)(a).\n(5) If the amount at paragraph 3(a), after having been adjusted where applicable under sub-paragraph (4), is a negative amount, the “RFPS 2005 basic earned benefits” are zero, and the “RFPS 2005 significant incapacity ill-health enhancement benefits” means the benefits payable at paragraph 15(4).\nActive transition member with incapacity for Armed Forces service\n17. (1) This paragraph applies in relation to a transition member with continuity of service (T) who meets the criteria for an award under regulation 19 of the Armed Forces Early Departure Payments Scheme Regulations 2014 (“the EDP Scheme Regulations 2014”).\n(2) If this paragraph applies, early benefits on incapacity for armed forces service are payable under the EDP Scheme Regulations 2014 in respect of the member’s service from the member’s transition date.\n(3) Where this paragraph applies, the following is substituted for regulation 20 (amount of lump sum on incapacity for armed forces service) of the EDP Regulations 2014—\n“20. (1) The amount of lump sum a person receives under regulation 19 (lump sum awards: incapacity for armed forces service) is to be determined by multiplying one eighth of the person’s final pensionable earnings by their service from their transition date expressed in years and fractions of a year except where—\n(a) the amount calculated is less than X, X being one half of the person’s final pensionable earnings multiplied by their service from their transition date divided by their total service expressed in years and fractions of years. In these circumstances the person is to receive an amount equivalent to X; or\n(b) the amount calculated is more than Y, Y being twice the person’s final pensionable earnings multiplied by their service from their transition date divided by their total service expressed in years and fractions of years. In these circumstances the person is to receive an amount equivalent to Y.\n(2) The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the person ceases to be a member of the armed forces.\n(3) In this regulation—\n(a) “total service” in relation to a member means the total of their service from their transition date plus their reckonable service as a member of the RFPS 2005; and\n(b) “transition date” has the same meaning as is given in paragraph 2 (interpretation) of Schedule 3 to the RFPS 2005.”.\nDeferred transition member with permanent serious ill-health who has not reached age 60\n18. (1) This paragraph applies in relation to a transition member with continuity of service (T) who—\n(a) meets the criteria for an ill-health pension (deferred member with permanent serious ill-health) under regulation 56 of the AFP Regulations 2014; and\n(b) has not reached age 60.\n(2) If this paragraph applies—\n(a) early benefits on permanent serious ill-health are not payable under the RFPS 2005; and\n(b) ill-health benefits (deferred member with permanent serious ill-health) are payable under the AFPS 2015 in accordance with this paragraph.\n(3) The ill-health benefits payable under paragraph 2(b) comprise benefits payable in respect of service before T’s transition date and benefits payable in respect of service from T’s transition date.\n(4) The benefits payable in respect of service before T’s transition date are calculated in accordance with rule D.7 of the RFPS 2005.\n(5) The benefits payable in respect of service from T’s transition date are calculated in accordance with regulation 56 of the AFP Regulations 2014.\nDeferred transition member with permanent serious ill-health benefits who reaches age 60\n19. (1) This paragraph applies in relation to a transition member with continuity of service (T) who is receiving ill-health benefits (deferred member with permanent serious ill-health) in accordance with paragraph 18.\n(2) On the day the member reaches age 60, of the benefits that were payable under paragraph 18(2)(b) the RFPS 2005 basic earned benefits cease to be payable under paragraph 18(2)(b) and instead become payable under the RFPS 2005.\nDeferred transition member who meets criteria for permanent serious ill-health benefits on or after reaching age 60\n20. (1) This paragraph applies in relation to a transition member with continuity of service (T) who is a deferred member of the AFPS 2015, who is age 60 or over, and who meets the criteria for an ill-health pension (deferred member with permanent serious ill-health) in regulation 56 of the AFP Regulations 2014.\n(2) Where the member is a deferred member of the RFPS 2005—\n(a) a pension is payable under rule D.7 of the RFPS 2005 in respect of service before T’s transition date; and\n(b) a pension is payable under regulation 56 of the AFP Regulations 2014 in respect of service from T’s transition date.\n(3) Where the member is a pensioner member of the RFPS 2005 in receipt of a pension under RFPS 2005—\n(a) a pension continues to be payable under the RFPS 2005 in respect of service before T’s transition date; and\n(b) a pension is payable under regulation 56 of the AFP Regulations 2014 in respect of service from T’s transition date.\nReview of ill-health awards at request of member or Secretary of State\n21. Regulations 57 and 58 of the AFP Regulations 2014 apply to a transition member with continuity of service (T) who is entitled under this Part to an ill-health award in respect of their service before 1st April 2015.\nPART 4\nPayment of death benefits in respect of transition members with continuity of service\nDeath benefits not to be paid in respect of transition members except in accordance with this Part\n22. Surviving adults pensions, eligible child’s pensions and lump sum death benefits are not to be paid in respect of transition members with continuity of service except as provided by this Part.\nSurviving adult’s pension when transition member dies in service before age 60\n23. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of the AFPS 2015 before reaching age 60 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.\n(2) A pension for a surviving spouse, surviving civil partner or other adult dependant (“surviving adult dependant”) is payable under the RFPS 2005 in respect of service before the transition date.\n(3) A pension for a surviving adult dependant is payable under the AFPS 2015 in respect of service from the transition date.\n(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the RFPS 2005 but when calculating the rate of annual pension in accordance with rule E.3 (amount of pension under rules E.1 and E.2: active members) the references to rule D.5 are to rule D.5 with the amendment specified at paragraph 13(4).\n(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 70 (annual rate of adult dependants’ pensions payable on death of active member), the references in regulation 51 to regulation 54 are to be read as references to rule 54 amended as specified in paragraph 13(5).\nSurviving adult dependant’s pension when a transition member dies in service after reaching age 60\n24. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of AFPS 2015 after reaching age 60.\n(2) A pension for a surviving adult dependant is payable under rule E.1 (surviving spouses and civil partners’ pensions) or E.2 (other adult dependants’ pensions) of the RFPS 2005 in respect of service before T’s transition date.\n(3) A pension for a surviving adult dependant is payable under regulation 70 (annual rate of adult dependants’ pensions payable on death of active member) of the AFP Regulations 2014 in respect of service from T’s transition date.\nSurviving adult dependant’s pension when a transition member dies as a deferred or pensioner member before age 60\n25. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 before reaching age 60 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.\n(2) A pension for a surviving adult dependant is payable under the RFPS 2005 in respect of service before the transition date.\n(3) A pension for a surviving adult dependant is payable under the AFPS 2015 in respect of service from the transition date.\n(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the RFPS 2005, but—\n(a) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 13(4); and\n(b) where the pensioner member was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 15(4).\n(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—\n(a) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 70 (annual rate of adult dependants’ pensions payable on death of active member), the references in regulation 51 to regulation 54 are to be read as references to regulation 54 amended as specified in paragraph 13(5); and.\n(b) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 70 (annual rate of adult dependants’ pensions payable on death of active member), the calculation of the member’s earned pension is to take account of the amendment specified in paragraph 15(5) to regulation 55(2)(b).\nSurviving adult dependant’s pension when a transition member dies as a deferred member or a pensioner member on or after reaching age 60\n26. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 on or after reaching age 60 and for whom the conditions of regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) of the AFP Regulations 2014 apply.\n(2) In the case of a deferred member of the AFPS 2015—\n(a) a pension for a surviving adult dependant is payable under rule E.4 (amount of pensions under rules E.1 and E.2: deferred members) of the RFPS 2005 in the case of a deferred member of the RFPS 2005, or rule E.5, (amount of pensions under rules E.1 and E.2: pensioner members) in the case of a pensioner member of the RFPS 2005, in respect of service before T’s transition date; and\n(b) a pension for a surviving adult dependant is payable under regulation 69 (annual rate of adult dependants’ pensions payable on death of a deferred member) of the AFP Regulations 2014 in respect of the member’s service from T’s transition date.\n(3) In the case of a pensioner member of the AFPS 2015—\n(a) who has retired otherwise than on ill-health—\n(i) in respect of service before T’s transition date, a pension for a surviving adult dependant is payable under rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members) of the RFPS 2005; and\n(ii) in respect of service from T’s transition date, a pension for a surviving adult dependant is payable under regulation 68 (annual rate of adult dependants’ pensions payable on death of pensioner member) of the AFP Regulations 2014;\n(b) who is in receipt of early benefits on permanent serious ill-health—\n(i) in respect of service before T’s transition date a pension amount for a surviving adult dependant is calculated in accordance with Part E of the RFPS 2005, but when calculating the rate of annual pension in accordance with rule E.5, the calculation of the pension to which the member would have been entitled is to take account of the amendment to rule D.5 specified in paragraph 13(4); and\n(ii) in respect of service from T’s transition date, a pension for a surviving adult dependant is payable under regulation 65 of the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 68, the calculation of the member’s retirement earned pension is to take account of the amendment to regulation 54 specified in paragraph 13(5).\n(c) who is in receipt of early benefits on significant incapacity for gainful employment—\n(i) in respect of service before T’s transition date a pension amount for a surviving adult dependant is calculated in accordance with Part E of the RFPS 2005 but, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.6 are to be read as referring to rule D.6 as amended as specified in paragraph 15(4); and\n(ii) in respect of service from T’s transition date, a pension for a surviving adult dependant is payable under regulation 65 of the AFP Regulations 2014 but, when calculating the rate of annual pension in accordance with regulation 68, the calculation of the member’s retirement earned pension is to take account of the amendment to regulation 55 specified in paragraph 15(5).\nEligible child’s pension payable under the AFPS 2015 when a transition member dies in service before age 60\n27. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of the AFPS 2015 before reaching age 60 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.\n(2) A pension for an eligible child is payable under the RFPS 2005 in respect of service before the transition date.\n(3) A pension for an eligible child is payable under the AFPS 2015 in respect of service from the transition date.\n(5) The rate of annual pension payable in respect of service before T’s transition date is calculated in accordance with rule E.10 (amount of children’s pensions under rule E.8: active members) of the RFPS 2005, but applying rule D.5 with the substitution of rule D.5(6) that is specified in paragraph 13(4).\n(6) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014 but, when calculating the rate of annual pension in accordance with regulation 74 (annual rate of children’s pensions), the calculation of the member’s retirement earned pension is to take account of the amendment in paragraph 13(5) to regulation 54.\nEligible child’s pension when a transition member dies in service on or after reaching age 60\n28. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as an active member of AFPS 2015 on or after reaching age 60 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.\n(2) A pension for an eligible child is payable under rule E.8 (surviving children’s pensions) of the RFPS 2005 in respect of service before T’s transition date.\n(3) A pension for an eligible child is payable under regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014 in respect of service from T’s transition date.\nEligible child’s pension when a transition member dies as a deferred or pensioner member before age 60\n29. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred or pensioner member of the AFPS 2015 before reaching age 60 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.\n(2) A pension for an eligible child is payable under the RFPS 2005 in respect of service before the transition date.\n(3) A pension for an eligible child is payable under the AFPS 2015 in respect of service from the transition date.\n(4) The pension payable in respect of service before T’s transition date is calculated in accordance with the rules in Part E of the RFPS 2005, but—\n(a) where the pensioner member was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members), the references to rule D.5 are to be read as referring to rule D.5 as amended as specified in paragraph 13(4); and\n(b) where the pensioner member in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with rule E.5, the references to rule D.6 are to be read as referring to rule D.6 amended as specified in paragraph 15(4).\n(5) The pension payable in respect of service from T’s transition date is calculated in accordance with the AFP Regulations 2014, but—\n(a) where the pensioner was in receipt of early benefits on permanent serious ill-health, when calculating the rate of annual pension in accordance with regulation 74 (annual rate of children’s pensions), the calculation of the member’s earned pension is to take account of the amendment in paragraph 13(5) to regulation 54; and\n(b) where the pensioner was in receipt of early benefits on significant incapacity for gainful employment, when calculating the rate of annual pension in accordance with regulation 74, the calculation of the member’s earned pension is to take account of the amendment in paragraph 15(5) to regulation 55.\nEligible child’s pension when a transition member dies as a deferred or pensioner member on or after reaching age 60\n30. (1) This paragraph applies in relation to a transition member with continuity of service (T) who dies as a deferred member or a pensioner member of the AFPS 2015 on or after reaching age 60 and for whom the conditions of regulation 72 (surviving children’s pensions) of the AFP Regulations 2014 apply.\n(2) In the case of a deferred member of the AFPS 2015—\n(a) a pension for an eligible child is payable under rule E.11 (amount of children’s pension under rule E.8: deferred members) of the RFPS 2005, if T is a deferred member of the RFPS 2005, or rule E.12 (amount of children’s pension under rule E.8: pensioner members), if T is a pensioner member of the RFPS 2005, in respect of the service before T’s transition date; and\n(b) a pension for a surviving adult dependant is payable under regulation 74 (annual rate of children’s pensions) of the AFP Regulations 2014, in respect of service from T’s transition date.\n(3) In the case of a pensioner member of the AFPS 2015—\n(a) who has retired otherwise than on ill-health—\n(i) in respect of service before T’s transition date, a pension for an eligible child is payable under rule E.5 (amount of pensions under rules E.1 and E.2: pensioner members) of the RFPS 2005; and\n(ii) in respect of service from T’s transition date, a pension for an eligible child is payable under regulation 72 of the AFP Regulations 2014;\n(b) who is in receipt of early benefits on permanent serious ill-health—\n(i) in respect of service before T’s transition date a pension amount for an eligible child is calculated in accordance with Part E of the RFPS 2005, but when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the calculation of the pension to which the member would have been entitled is to take into account the amendment to rule D.5 specified in paragraph 13(4); and\n(ii) in respect of service from T’s transition date, a pension for an eligible child is payable under regulation 72 of the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 74 (annual rate of children’s pensions), the calculation of the member’s earned pension is to take account of the amendment in paragraph 14(5) to regulation 54.\n(c) who is in receipt of early benefits on significant incapacity for gainful employment—\n(i) in respect of service before T’s transition date a pension amount for an eligible child is calculated in accordance with Part E of the RFPS 2005, but when calculating the rate of annual pension in accordance with rule E.11 or rule E.12 as the case may be, the calculation of the pension to which the member would have been entitled is to take into account the amendment to rule D.5 specified in paragraph 13(4); and\n(ii) in respect of service from T’s transition date, a pension for an eligible child is payable under regulation 72 of the AFP Regulations 2014 but when calculating the rate of annual pension in accordance with regulation 74, the references to regulation 55 are to be read as references to regulation 55 amended as specified in paragraph 15(5).\nDeath of a member in service: lump sum benefit\n31. (1) This paragraph applies in relation to a transition member with continuity of service who dies as an active member of the AFPS 2015.\n(2) On the death of the member—\n(a) a lump sum is payable under regulation 79 (lump sum amount payable on death of active member) of the AFP Regulations 2014; but\n(b) a lump sum is not payable under the RFPS 2005.\nDeath of a deferred member: lump sum benefit\n32. (1) For the purpose of payment of death benefits, a transition member with continuity of service (T) who dies as a deferred member of the AFPS 2015 dies out of service under the AFPS 2015 and the RFPS 2005.\n(2) On the death of a deferred member of the AFPS 2015 before reaching age 60—\n(a) if regulation 80 (lump sum amount payable on death of deferred member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation; and\n(b) if the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.17 (amount of lump sum benefit under rule E.15: deferred members) of the RFPS 2005 are met, a lump sum death benefit equal to the sum that would have been payable under rule E.17 of the RFPS 2005 is payable under the AFPS 2015.\n(3) On the death of a deferred member of the AFPS 2015, who is a deferred member of the RFPS 2005, on or after reaching age 60—\n(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation; and\n(b) if the conditions for payment of a lump sum death benefit under rule E.15 and rule E.17 of the RFPS 2005 are met, lump sum death benefit is payable under rule E.17 of the RFPS 2005.\n(4) On the death of a deferred member of the AFPS 2015, who is also a pensioner member of the RFPS 2005, on or after reaching age 60—\n(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation; and\n(b) if the member is a pensioner member of the RFPS 2005 and the conditions for payment of a lump sum death benefit under rule E.15 and rule E.18 of the RFPS 2005 are met, a lump sum death benefit is payable under rule E.18 of the RFPS 2005.\nDeath of a pensioner member before age 60: lump sum benefit\n33. (1) For the purpose of payment of death benefits, a transition member with continuity of service who dies as a pensioner member of the AFPS 2015 dies out of service under the AFPS 2015 and the RFPS 2005.\n(2) On the death of a pensioner member of the AFPS 2015 before reaching age 60—\n(a) if regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation; and\n(b) if the member is a pensioner member of the RFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the RFPS 2005 are met, a lump sum death benefit is not payable under rule E.18 of the RFPS 2005, but a lump sum equal to the sum that would have been paid under rule E.18 is payable under the AFPS 2015 in accordance with this paragraph.\nDeath of a pensioner member on or after reaching age 60: lump sum benefit\n34. (1) For the purpose of payment of death benefits, a transition member with continuity of service who dies as a pensioner member of the AFPS 2015 dies out of service under the AFPS 2015 and the RFPS 2005.\n(2) On the death of a pensioner member of the AFPS 2015 on or after reaching age 60—\n(a) if regulation 81 (lump sum amount payable on death of pensioner member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under that regulation; and\n(b) if the member is a pensioner member of the RFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the RFPS 2005 are met, a lump sum death benefit is payable under rule E.18 of the RFPS 2005.\nPART 5\nTransitional provisions relating to the RFPS 2005\nNo benefits for service on or after member’s transition date\n35. No benefits under the RFPS 2005 are to be provided to or in respect of a transition member in relation to that member’s service on or after their transition date.\nReckonable service under the RFPS 2005 for a transition member with continuity of service\n36. (1) This paragraph applies in relation to a transition member with continuity of service (T) who is in pensionable service under the AFPS 2015.\n(2) In determining whether T qualifies under the RFPS 2005 for retirement benefits (other than early benefits on ill-health), T’s reckonable service under the RFPS 2005 terminates when T’s pensionable service under the AFPS 2015 terminates.\nFinal salary link for a transition member with continuity of service\n37. (1) In calculating benefits payable under the RFPS 2005 to or in respect of a transition member with continuity of service (T), T’s final pensionable earnings are determined by reference to Schedule 7 to the 2013 Act as if “final salary” were a reference to “final pensionable earnings”.\n(2) The final salary link in Schedule 7 to the 2013 Act—\n(a) applies to T’s service only if T is in service as a member of the reserve forces on T’s transition date; and\n(b) does not apply to any previous period of service that T has, regardless of the length of time between the periods of service.\nSecretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment\n38. (1) This paragraph applies if a member of the RFPS 2005—\n(a) claimed payment of an ill-health pension under the RFPS 2005 before the member’s transition date; and\n(b) the pension does not become payable before the member’s transition date.\n(2) if the member is not entitled to immediate payment of an ill-health pension under the RFPS 2005, the member joins the AFPS 2015 on whichever is the later of—\n(a) the member’s transition date; and\n(b) the day after all relevant appeal rights have expired in relation to the Secretary of State’s decision that the member has not suffered a permanent breakdown in health involving incapacity for any full-time employment.\n(3) Where sub-paragraph (2) applies, the member is exempted from section 18(1) of the 2013 Act in respect of the period before the member becomes a member of the AFPS 2015.\nDeferred membership of the RFPS 2005\n39. (1) A transition member with continuity of service (T) does not become a deferred member of the RFPS 2005 unless T becomes a deferred member of the AFPS 2015.\n(2) If T opts out of the AFPS 2015 in relation to service in a scheme employment and T has at least 2 years’ qualifying service T becomes a deferred member of the RFPS 2005 in relation to that service.\n(3) If T re-enters pensionable service under the AFPS 2015 after a gap in service not exceeding 5 years, T ceases to be a deferred member of the RFPS 2005.\nQualifying for retirement benefits under the RFPS 2005\n40. (1) In determining whether a transition member with continuity of service qualifies for retirement benefits under the RFPS 2005, the member’s qualifying service includes the total of—\n(a) the member’s qualifying service under the RFPS 2005; and\n(b) the member’s qualifying service under the AFPS 2015.\nFinal salary link not to apply again to a pension in payment\n41. Where any element of pension under the RFPS 2005 which is in payment has been calculated by reference to Schedule 7 (final salary link) to the 2013 Act, that element of the pension is not recalculated by reference to Schedule 7 to the 2013 Act in consequence of a subsequent period of pensionable public service (as defined in paragraph 3 of Schedule 7 to the 2013 Act) unless the further period of pension is aggregated under the rules of the RFPS 2005.\nPART 6\nMiscellaneous transitional and consequential provisions\nNomination under the RFPS 2005 continues to have effect\n42. (1) This paragraph applies if a transition member with continuity of service has not nominated a person under the AFP Regulations 2014 to receive a lump sum death benefit under the AFP Regulations 2014.\n(2) An existing nomination has effect as if made under the AFP Regulations 2014 until the transition member makes a nomination under the AFP Regulations 2014.\n(3) In this paragraph, “existing nomination” means a nomination which—\n(a) was made for the purpose of the RFPS 2005; and\n(b) as at the member’s transition date, had effect under the RFPS 2005.\nSecondment to NATO or the UN etc\n43. (1) This paragraph applies in relation to a transition member if on 1st April 2015 they are on secondment in accordance with rule C.9(1) of the RFPS 2005.\n(2) For rule C.9(2) is substituted—\n“(2) if at the end of that period, the member resumes service in which the member is an active member of the AFPS 2015—\n(a) the pre-secondment service and the service the member resumes are treated as a single period of service; and\n(b) the member may opt to make a single lump sum contribution to the RFPS 2005 to increase the member’s reckonable service in respect of that single period of service by an additional period equal to the period of the secondment before 1st April 2015.”.\nPART 7\nTransfer of final salary benefits\nAcceptance of club transfer value payments and club transfers\n44. That part of a club transfer value payment that relates to final salary benefit is to be paid into the RFPS 2005.\nMember of the AFPS 2015 or the RFPS 2005\n45. (1) This paragraph applies to a person who transfers final salary benefits into the RFPS 2005.\n(2) Unless the person is a full protection member of the RFPS 2005, the person—\n(a) becomes a member of the AFPS 2015; and\n(b) is taken to be a transitional member with continuity of service.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 in force at 1.4.2015, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 18(2) of the 2013 Act for the meaning of “existing scheme”."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2013 c. 25."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "See section 18(2) of the 2013 Act for the meaning of “existing scheme”."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "See section 30(5) of the 2013 Act for the meaning of “public body pension scheme”."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2004 c. 12. Section 237E was amended by the Finance Act 2011, section 66, Schedule 17, Part 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 2014/2328."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "There is no equivalent in the RFPS 2005 to regulation 19 of the Armed Forces Early Departure Payments Scheme Regulations 2014 (lump sum awards: incapacity for armed forces service) so no ill-health benefits are payable under any scheme in respect of service as a member of the RFPS 2005."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Schedule 3 is inserted by the Armed Forces Pensions (Transitional Provisions) Regulations 2015."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "This provision applies whether or not the active member of the AFPS 2015 is also a deferred member of the RFPS 2005."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "This provision applies whether or not the pensioner member of the AFPS 2015 is also a deferred member of the RFPS 2005."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "This provision applies whether or not the pensioner member of the AFPS 2015 is also a deferred member of the RFPS 2005."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "In respect of the period of the secondment from 1st April 2015, the member will have an option to make a lump sum contribution to the AFPS 2015 under regulation 97 of the AFP Regulations 2014."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/568/schedule/5",
    "retrieved_at": "2026-10-28T23:44:05.078431+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}