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The Armed Forces Pension Scheme Order 2005

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  1. Introductory Text

  2. Preliminary

    1. 1.Citation and commencement and interpretation

    2. 2.Establishment of the Armed Forces Pension Scheme 2005

    3. 3.Amendments of the Armed Forces Pension Scheme 2005

    4. 4.Amendments of other regulations

    5. 5.Closure of Scheme and transitional provision

    6. 6.Schedule 3: Remediable Service

  3. Signature

    1. SCHEDULE 1

      ARRANGEMENT OF RULES

      1. PART A INTERPRETATION ETC.

        1. A.1.Interpretation: general

        2. A.2.Meaning of “pensionable earnings”

        3. A.2A.Meaning of “service reduction percentage”

        4. A.3.Meaning of “assumed pay”

        5. A.4.Meaning of “final pensionable earnings”

        6. A.5.Inflation adjustments in determining final pensionable earnings

        7. A.6.Active membership period

        8. A.7.Qualifying service

        9. A.8.Reckonable service

        10. A.9.Calculation of periods of membership or service etc

        11. A.10.Disregard of short breaks in service

      2. PART B MEMBERSHIP

        1. B.1.Eligibility: general

        2. B.2.Persons with other pension arrangements

        3. B.3.Joining the Scheme on starting service

        4. B.4.Joining the Scheme after service begins

        5. B.5.Leaving the Scheme

        6. B.6.Fixed Protection Members

      3. PART C CONTRIBUTIONS

        1. Buying Added Years

          1. C.1.Member’s option to pay contributions to increase service

          2. C.2.Cancellation of options

          3. C.3.Effect of making contributions

          4. C.4.Absence from work

          5. C.5.Restriction on pension debit members making contributions

          6. C.6.Purchase of added years for members seconded to NATO or the UN etc

        2. Repayment of Contributions

          1. C.7.Repayment of contributions

      4. PART D RETIREMENT BENEFITS

        1. Entitlement to Benefits

          1. D.1.Retirement after reaching pension age

          2. D.2.Retirement before reaching pension age

          3. D.3.Pension credit members' pensions

          4. D.4.Early payment of pensions with actuarial reduction

          5. D.5.Early payment of benefits: active members with permanent serious ill-health

          6. D.6.Early payment of benefits: active members with significant impairment of capacity for gainful employment

          7. D.7.Early payment of benefits: deferred members with permanent serious ill-health

          8. D.8.Member’s requests for review of ill-health awards

          9. D.9.Secretary of State’s power to review ill-health awards

        2. Options to Change Benefits

          1. D.10.Option to exchange lump sum for pension

          2. D.11.Option for members in serious ill-health to exchange whole pension for lump sum

        3. Pension Debit Members and Pension Credit Members

          1. D.12.Reduction in pension debit member’s benefits

          2. D.13.Pension credit member’s rights

        4. Allocation

          1. D.14.Election to allocate pension

          2. D.15.Procedure for election under rule D.14

          3. D.16.Effect of allocation

        5. Contracting-out Obligations (GMPs etc.)

          1. D.17.Guaranteed minimum pensions etc

      5. PART E DEATH BENEFITS

        1. Pensions for Adult Dependants

          1. E.1.Surviving spouses' and civil partners' pensions

          2. E.2.Other adult dependants' pensions

          3. E.3.Amount of pensions under rules E.1 and E.2: active members

          4. E.4.Amount of pensions under rules E.1 and E.2: deferred members

          5. E.5.Amount of pensions under rules E.1 and E.2: pensioner members

          6. E.6.Reduction in pensions under rules E.1 and E.2 in cases of wide age disparity

          7. E.7.Adult dependants entitled to two or more pensions under this Part

        2. Pensions for Eligible Children

          1. E.8.Surviving children’s pensions

          2. E.9.Meaning of “eligible child”

          3. E.10.Amount of children’s pension under rule E.8: active members

          4. E.11.Amount of children’s pension under rule E.8: deferred members

          5. E.12.Amount of children’s pension under rule E.8: pensioner members

          6. E.13.Children born after the member’s death

          7. E.14.Children entitled to three or more pensions

        3. Lump Sum Death Benefits

          1. E.15.Death of a member: lump sum benefit

          2. E.16.Amount of lump sum benefit under rule E.15: active members

          3. E.17.Amount of lump sum benefit under rule E.15: deferred members

          4. E.18.Amount of lump sum benefit under rule E.15: pensioner members

          5. E.19.Amount of lump sum benefit under rule E.15: pension credit members

          6. E.20.Members affected by court orders to former spouses and civil partners on death

          7. E.21.Nominations for lump sum death benefits

        4. General Provisions

          1. E.22.Pension debit members

          2. E.23.Dependants' pensions: suspension and recovery

          3. E.24.Recovery of lump sum payments made to nominee

          4. E.25.Provisional awards of children’s pensions: later adjustments

          5. E.26.Payments under this Part

          6. E.27.Dual capacity membership

          7. E.28.Guaranteed minimum pensions for surviving spouses

      6. PART F TRANSFERS

        1. Transfers Out

          1. F.1.Right to transfer value payment

          2. F.2.Applications for statements of entitlement

          3. F.3.Applications for transfer value payments

          4. F.4.Ways in which transfer value payments may be applied

          5. F.5.Calculating amounts of transfer value payments

          6. F.6.Effect of transfers-out

        2. Transfers In

          1. F.7.Right to apply for acceptance of transfer value payment from another scheme

          2. F.8.Procedure for applications under rule F.7

          3. F.9.Acceptance of transfer value payments

          4. F.10.Calculation of transferred-in reckonable service

        3. Miscellaneous Provisions

          1. F.11.Public sector transfer arrangements

      7. PART G RE-EMPLOYMENT

        1. Preliminary

          1. G.1.Application of Part G

        2. Treatment of Separate Periods of Service: Options to Aggregate

          1. G.2.General rule: periods of service treated separately

          2. G.3.Option to aggregate earlier membership: previous members of the Scheme

          3. G.4.Option to aggregate earlier membership: previous members of the AFPS 1975

          4. G.5.Procedure for exercising options under rules G.3 and G.4

          5. G.6.Application of rule G.3 to members who opted to leave Scheme

          6. G.7.Re-employment after ill-health awards

      8. PART H ABATEMENT

        1. H.1.Application of Part H

        2. H.2.Abatement of pensions on re-employment: general rules

        3. H.3.Abatement of pensions: effect of changes after re-employment

        4. H.4.Special rule about annual rate of pay in old service in cases of entitlement to two or more pensions

        5. H.5.Adjustment of basic pay in old service

        6. H.6.General disregard of effect of abatement

      9. PART J MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

        1. Claims for and Payment of Benefits

          1. J.1.Claims for and payment of benefits

          2. J.2.False statements etc. about ill-health

          3. J.3.Non-assignability

        2. Pension Credit Members with two or more Pension Credits

          1. J.4.Pension credit members with two or more entitlements

        3. Forfeiture

          1. J.5.Forfeiture of benefits

          2. J.6.Events enabling forfeiture

          3. J.7.Procedure, references etc

        4. Commutation of Small Pensions

          1. J.8.Commutation of small pensions

        5. Determination of Questions

          1. J.9.Determination of questions

        6. Information, Evidence, Suspension etc.

          1. J.10.Information and evidence

        7. Payment and deduction of tax

          1. J.11.Payment on behalf of members of lifetime allowance charge

          2. J.12.Reduction of benefits and transfer values where lifetime allowance charge payable

          3. J.13.Deduction of special lump sum death benefits charge

      10. PART K AFPS 1975 TRANSFEREES

        1. Preliminary

          1. K.1.Application of Part K: meaning of “AFPS 1975 transferee”

          2. K.2.Options for AFPS 1975 members to join the Scheme under Part K

        2. Transfer of Service from the AFPS 1975

          1. K.3.Service credited from the AFPS 1975

          2. K.4.Treatment of added years: contributions paid before 6th April 2006

          3. K.5.Treatment of preserved awards

          4. K.6.Transfers in: transitional provision

          5. K.7.Pension debit members

          6. K.8.Disapplication of rule E.6

      11. PART L GURKHA PENSION SCHEME TRANSFEREES

        1. L.1.Application of Part L: meaning of “Gurkha Pension Scheme transferee”

        2. L.2.Option for active members of Gurkha Pension Scheme to join the Scheme

        3. L.3.Option for former active members of Gurkha Pension Scheme to join the Scheme

        4. L.4.Effect of exercising option under rule L.2 (Gurkha active transferees)

        5. L.5.Effect of exercising option under rule L.3 (former active Gurkhas)

        6. L.6.Pension debit members

        7. L.7.Modifications of Scheme rules in case of Gurkha Pension Scheme transferees

    2. SCHEDULE 2

      TEMPORARY MODIFICATIONS OF THE ARMED FORCES PENSION SCHEME 2005

      1. 1.At the end of rule A.4 insert—

      2. 2.At the end of rule A.5 insert—

      3. 3.After rule A.5 insert— Inland Revenue restrictions on final pensionable...

      4. 4.For rule B.2 substitute— Persons with other pension arrangements (1) A person is not eligible to be an active...

      5. 5.In rule C.1 after paragraph (7) insert—

      6. 6.In rule C.3(2)(b) after “C.1(6)” insert “or C.8”.

      7. 7.At the end of rule C.4(3) insert— This is subject...

      8. 8.For rule C.7 substitute— Repayment of contributions (1) The contributions made by a member under this Part...

      9. 9.After rule C.7 insert— Inland Revenue limits on contributions The contributions made under this Part in any tax year...

      10. 10.In rule D.11 after paragraph (5) insert—

      11. 11.After rule D.17 insert— Inland Revenue limits on lump sums...

      12. 12.(1) Rule E.16 is amended as follows—

      13. 13.In rule E.22 after paragraph (6) insert—

      14. 14.After rule E.28 insert— Inland Revenue limits: pensions (1) No annual pension payable under this Part may exceed...

      15. 15.(1) Rule J.8 is amended as follows—

    3. SCHEDULE 2

      Transitional Provision

      1. PART 1 Interpretation

        1. 1.Interpretation

        2. 2.Meaning of “continuity of service”

        3. 3.Commencement of active membership of the AFPS 2015 for a transition member

      2. PART 2 Exception to section 18(1) of the 2013 Act: full protection members of the AFPS 2005

        1. 4.Meaning of “conditional full protection member of the AFPS 2005”

        2. 5.Meaning of “conditional full protection member of an existing scheme”

        3. 6.Meaning of “conditional full protection member of a public body pension scheme”

        4. 7.Full protection members of the AFPS 2005

        5. 8.Members of the AFPS 2005 on 31st March 2015

        6. 9.Members of an existing scheme or a public body pension scheme

        7. 10.Exception for full protection member during protection period

        8. 11.Full protection member not eligible to join the AFPS 2015

      3. PART 3 Payment of ill-health benefits to transition members with continuity of service

        1. 12.This Part not to apply to previous periods of service

        2. 13.Transition members not to receive early ill-heath benefits except in accordance with this Part

        3. 14.Active transition member with permanent serious ill-health who leaves service before reaching age 55

        4. 15.Transition member with permanent serious ill-health who reaches age 55

        5. 16.Active transition member who leaves service with permanent serious ill-health on or after reaching age 55 but before age 60

        6. 17.Active transition member with significant impairment of capacity for gainful employment who leaves service before reaching age 55

        7. 18.Transition member with significant impairment of capacity for gainful employment who reaches age 55

        8. 19.Active transition member who leaves service with significant incapacity for gainful employment on or after reaching age 55 but before reaching age 60

        9. 20.Deferred transition member with permanent serious ill-health who leaves service before reaching age 55

        10. 21.Deferred transition member with permanent serious ill-health who reaches age 55

        11. 22.Deferred transition member who meets criteria for permanent serious ill-health on or after reaching age 55

        12. 23.Review of ill-health awards at request of member or Secretary of State

      4. PART 4 Payment of death benefits in respect of transition members with continuity of service

        1. 24.This Part not to apply to previous periods of service

        2. 25.Death benefits not to be paid in respect of transition members except in accordance with this Part

        3. 26.Surviving adult’s pension when transition member dies in service before reaching age 55

        4. 27.Surviving adult dependant’s pension when a transition member dies in service on or after reaching age 55

        5. 28.Surviving adult dependant’s pension when a transition member dies as a deferred or pensioner member before reaching age 55

        6. 29.Surviving adult dependant’s pension when a transition member dies as a deferred member or a pensioner member on or after reaching age 55

        7. 30.Eligible child’s pension when a transition member dies in service before reaching age 55

        8. 31.Eligible child’s pension when a transition member dies in service on or after reaching age 55

        9. 32.Eligible child’s pension when a transition member dies as a deferred or pensioner member before reaching age 55

        10. 33.Eligible child’s pension when a transition member dies as a deferred or pensioner member on or after reaching age 55

        11. 34.Death of a transition member whilst in service: lump sum benefit

        12. 35.Death of a deferred transition member: lump sum benefit

        13. 36.Death of a pensioner transition member before reaching age 55: lump sum benefit

        14. 37.Death of a pensioner transition member on or after reaching age 55: lump sum benefit

      5. PART 5 Transitional provisions relating to the AFPS 2005

        1. 38.No benefits for service on or after member’s transition date

        2. 39.Pensionable service under the AFPS 2005 for a transition member with continuity of service

        3. 40.Final salary link for a transition member with continuity of service

        4. 41.Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment

        5. 42.Deferred membership of the AFPS 2005

        6. 43.Qualifying for retirement benefits under the AFPS 2005

        7. 44.Final salary link not to apply again to a pension in payment

      6. PART 6 Miscellaneous transitional provisions

        1. 45.Nomination under the AFPS 2005 continues to have effect

        2. 46.Option to buy added years under the AFPS 2005 continues to have effect

        3. 47.Opting out of AFPS 2015 - contributions under the AFPS 2005 cease to be payable

        4. 47A.Purchase of added years for members seconded to NATO or the UN etc

      7. PART 7 Transfer of final salary benefits

        1. 48.Acceptance of club transfer value payments and club transfers

        2. 49.Member of the AFPS 2015 or the AFPS 2005

    4. Schedule 3

      Remediable Service

      1. Part 1 Introductory Provisions

        1. 1.Interpretation

        2. 2.(1) For the purposes of this Schedule, a reference in...

        3. 3.(1) For the purposes of sections 9(1)(b) and 13(1)(b) of...

        4. 4.For the purposes of this Scheme, section 14 of PSPJOA...

      2. Part 2 Remediable Service Statements

        1. 5.Requirements relating to remediable service statements

      3. Part 3 Decisions about the treatment of remediable service

        1. Chapter 1 Opted-out Service

          1. 6.Application and interpretation of Chapter 1

          2. 7.Election in relation to relevant opted-out service

        2. Chapter 2 Immediate choice decision for reformed scheme or legacy scheme benefits

          1. 8.Application of Chapter 2

          2. 9.Immediate choice decision for reformed scheme or legacy scheme benefits: general

          3. 10.Immediate choice decision: additional requirements

          4. 11.Immediate choice decision: deemed election

        3. Chapter 3 Deferred choice decision for reformed scheme or legacy scheme benefits

          1. 12.Application of Chapter 3

          2. 13.Deferred choice decision for reformed scheme or legacy scheme benefits: general

          3. 14.Deferred choice decision to be made by M

          4. 15.Deferred choice decision to be made by a person other than M

          5. 16.Deferred choice election: deemed section 10 election

          6. 17.Deferred choice decision: additional requirements

      4. Part 4 Provision about AFPS 1975 Re-joiners

        1. 18.Application and Interpretation of this Part

        2. 19.Effect of a section 6 election

      5. Part 5 Provision about divorce and dissolution arrangements

        1. Chapter 1 Pension Credit and Debit Members

          1. Section 1 Application and Interpretation of Chapter 1

            1. 20.Application and interpretation of Chapter 1

          2. Section 2 Pension sharing orders: information provided before 1st October 2023

            1. 21.Application and interpretation of Section 2

            2. 22.Information before 1st October 2023: unprotected member, AFPS 2005 only

            3. 23.Information and transfer day before 1st October 2023: protected members

            4. 24.Information and transfer day before 1st October 2023: unprotected members

            5. 25.Information before 1st October 2023: transfer day after 1st October

            6. 26.Information provided before 1st October 2023: applying a remediable credit adjustment

            7. 27.Information provided before 1st October 2023: immediate choice – pension debit information

            8. 28.Information provided before 1st October 2023: immediate choice – pension debit adjustment

            9. 29.Information provided before 1st October 2023: deferred choice – pension debit

            10. 30.Information provided before 1st October 2023: deferred choice member – pension debit adjustment

          3. Section 3 Information provided on or after 1st October 2023

            1. 31.Application and interpretation of Section 3

            2. 32.Information provided on or after 1st October 2023: pension information

            3. 33.Information provided on or after 1st October 2023: calculation of pension credits

            4. 34.Information provided on or after 1st October 2023: pension debit

            5. 35.Information provided on or after 1st October 2023: pension debit adjustment

        2. Chapter 2 Arrangements on divorce, annulment or dissolution other than a pension sharing order

          1. 36.Arrangements other than a pension sharing order: calculating the value of pension benefits

      6. Part 6 Voluntary Contributions

        1. Chapter 1 General

          1. 37.Application of this Part

        2. Chapter 2 Remedial arrangements to pay voluntary contributions to the legacy scheme

          1. 38.Remedial arrangements: additional reckonable service

          2. 39.Remedial arrangements: general

        3. Chapter 3 Secondment/Loan

          1. 40.Purchase of additional reckonable service in respect of period on loan

      7. Part 7 Transfers

        1. Chapter 1 General

          1. 41.Interpretation of Part 7

          2. 42.Transferred out remediable service statements

        2. Chapter 2 Transfers on a cash equivalent basis

          1. Section 4 Transfers before 1st October 2023

            1. 43.Transfers out before 1st October 2023

            2. 44.Transfers in before 1st April 2022

          2. Section 5 Transfers on or after 1st October 2023

            1. 45.Application of Section 5

            2. 46.Transfers out on or after 1st October 2023

        3. Chapter 3 Transfers on a club basis

          1. Section 6 Club transfers before 1st October 2023

            1. 47.Club transfers out before 1st October 2023

            2. 48.Club transfers in before 1st October 2023

          2. Section 7 Club transfers on or after 1st October 2023

            1. 49.Application of Section 7

            2. 50.Club transfers out on or after 1st October 2023

            3. 51.Club transfers in on or after 1st October 2023

        4. Chapter 4 Transfers to and from the AFPS 2015

          1. 52.Transfers out before 1st October 2023: AFPS 2015

          2. 53.Transfers in before 1st October 2023: AFPS 2015

          3. 54.Club Transfers in before 1st October 2023: AFPS 2015

        5. Chapter 5 Treatment of transferred in remediable rights

          1. 55.Treatment of rights secured by virtue of transferred in remediable rights

          2. 56.Benefits already paid in relation to transferred in remediable rights

          3. 57.Pension benefits and lump sum benefits in relation to a remediable value

      8. Part 8 Provision about special cases

        1. Chapter 1 Child pensions in payment

          1. 58.Protection of the amount of pension payable to an eligible child

        2. Chapter 2 Application of Schedule 2 (Transitional Provision for the AFPS 2005)

          1. 59.Calculation of Benefits for remediable service: election for new Scheme benefits

        3. Chapter 3 Abatement

          1. 60.Abatement

        4. Chapter 4 Death Benefits Nomination

          1. 61.Nomination for Death Lump Sum Benefits

        5. Chapter 5 Medical and Dental Officers: AFPS 2005 Bonus Scheme

          1. 62.MODO Bonus Scheme: effect of election for new Scheme benefits

        6. Chapter 6 Scheme Pays

          1. 63.Payment of annual allowance tax charge and provision of information

      9. Part 9 Liabilities and payment

        1. Chapter 1 Application of Part 9

          1. 64.Application of Chapters 1, 2 and 3

        2. Chapter 2 Interest, compensation and netting off

          1. 65.Interest

          2. 66.Indirect compensation

          3. 67.Applications for compensation or indirect compensation

          4. 68.Netting off

        3. Chapter 3 Reduction and waiver of liabilities

          1. 69.Power to reduce or waive amounts owed by a person to the Scheme manager

        4. Chapter 4 Payment of net liabilities

          1. 70.Application of Chapter 4

          2. 71.Payment of amounts owed to the Scheme manager

          3. 72.Payment of amounts owed to a person

      10. Part 10 Eligible decision-makers for deceased members

        1. 73.Application and Interpretation of this Part

        2. 74.Sole beneficiary: an adult

        3. 75.Sole beneficiary: a child

        4. 76.Sole beneficiary: M’s estate

        5. 77.Sole beneficiary: a body

        6. 78.Multiple beneficiaries: including a surviving adult

        7. 79.Multiple beneficiaries: including adult eligible children

        8. 80.Multiple beneficiaries: nominated individuals only

        9. 81.Multiple beneficiaries: non-adult eligible children

        10. 82.Multiple beneficiaries: nominated children only

        11. 83.Multiple beneficiaries: one or more adults and one or more children

        12. 84.Other cases

  5. Explanatory Note

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