13.—(1) For the purpose of these Regulations, a person who is in service as specified in paragraph (2), is in scheme employment.
(2) The service referred to in paragraph (1) is as a part of the—
(a)regular forces;
(b)reserve forces;
(c)non-regular permanent staff.
14.—(1) For the purpose of these Regulations, a person is a dual capacity member if the person is a member in more than one of the following capacities—
(a)an active member;
(b)a deferred member;
(c)a pensioner member;
(d)a pension credit member.
(2) In determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member, and the person’s rights in that capacity, are to be disregarded.
(3) In determining whether a person who is an active member or a pensioner member is also a deferred member, the fact that the person is an active member or a pensioner member, and the person’s rights in that capacity, are to be disregarded.
15.—(1) This paragraph applies if the member is a dual capacity member.
(2) The general rule is that—
(a)benefits are payable to the member under this scheme as if the member were 2 or more members (so that 2 or more pensions or lump sums are payable in respect of the one member); and
(b)the amounts payable are determined accordingly.
(3) If a person who is a pension credit member is entitled to 2 or more pension credits—
(a)benefits are payable to the person under this scheme as if the person were 2 or more persons, each being entitled to one of the pension credits (so that 2 or more pensions or lump sums are payable to the one pension credit member); and
(b)the amounts of those benefits are determined accordingly.
16.—(1) A person is eligible to be an active member of this scheme if the person is in scheme employment under regulation 13 (descriptions of persons in scheme employment) on or after 1st April 2015 and the terms of the person’s employment do not exclude the person from being an active member of this scheme.
This is subject to paragraph (2).
(2) A person is not eligible to be an active member of this scheme in relation to any scheme employment while the person—
(a)is a member with full protection in a connected scheme in relation to that employment; or
(b)is a member of another pension scheme in relation to that employment and the employer pays contributions to that scheme in respect of a member.
(3) A person who is so eligible becomes an active member of this scheme on the person’s first day of service on or after 1st April 2015 in scheme employment (“the person’s first day”) unless an option to the contrary is exercised.
17. A person who, on ceasing to be in pensionable service under this scheme, has not reached normal pension age and does not become a pensioner member in respect of that service, becomes a deferred member in respect of that service if—
(a)the person has at least 2 years’ qualifying service; or
(b)a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the person under Part 8 (Transfers).
18.—(1) A person may, before the end of the period of 3 months beginning with the person’s first day (or such longer period, if any, as the scheme manager considers appropriate), opt not to belong to this scheme.
(2) The option is to be exercised by notice in writing to the person’s commanding officer in such form as the scheme manager requires.
(3) The option has effect from the person’s first day.
19.—(1) A person, who is an active member of this scheme, may opt to cease to be such a member.
(2) The option may only be exercised by notice in writing to the person’s commanding officer in such form as the scheme manager requires.
(3) For the purposes of this regulation, the option is treated as having been exercised on the date on which it is received by the commanding officer.
(4) A member who exercised the option ceases to be an active member at the beginning of—
(a)the first pay period beginning on or after the date on which the option is exercised; or
(b)if the scheme manager considers that period inappropriate, such other pay period as the scheme manager considers appropriate.
20.—(1) A person, who is eligible to be an active member of this scheme but is not in pensionable service under this scheme, may opt at any time to become an active member, subject to the following provisions of this regulation.
(2) Unless the scheme manager specifies, a person may only exercise the option under paragraph (1) once during any period of 12 months.
(3) The option may only be exercised by notice in writing to the person’s commanding officer in such form as the scheme manager requires.
(4) For the purposes of this regulation, the option is treated as having been exercised on the date on which it is received by the person’s commanding officer.
(5) A person who exercises the option becomes an active member on the date on which the option is exercised or at such other time as the scheme manager considers appropriate.
21.—(1) A member is in pensionable service under this scheme in any period in respect of which the scheme member is—
(a)employed in scheme employment; and
(b)receiving pensionable earnings or assumed pay.
(2) For the purpose of Part 4 (Pensions Accounts), a member is treated as being in a continuous period of pensionable service under this scheme if—
(a)there is no gap in pensionable service; or
(b)any gap in pensionable service does not exceed 5 years.
22.—(1) In these Regulations, a period of qualifying service is the aggregate of the following periods—
(a)any period on or after 1st April 2015, where the individual is an active member under regulation 16 (eligibility for active membership);
(b)if a transfer value payment or a cash transfer sum has been accepted under Part 8 (Transfers) in respect of rights accrued under another occupational pension scheme, a period equal to the person’s period as an active member in that scheme; and
(c)for a transition member with continuity of service, the person’s continuous period of pensionable service under a connected scheme on or before 31st March 2015.
(2) In paragraph (1)—
(a)a transition member has continuity of service unless the person has a gap in pensionable service exceeding 5 years which—
(i)begins on or before 31st March 2015; and
(ii)ends on the day the person becomes an active member of this scheme;
(b)a period of pensionable public service does not constitute a gap in service.
This is subject to paragraph (4).
(3) The following are not qualifying service—
(a)any pensionable service in respect of which a person’s rights under this scheme are extinguished;
(b)any pensionable service by a person under any connected scheme in respect of which the person’s rights under that scheme are extinguished;
(c)any period of service during which a person opts not to join this scheme;
(d)any service from the point when an active member opts out from this scheme until any future point when the member opts back in;
(e)any period of unauthorised absence from scheme employment;
(f)any period of unpaid leave in respect of which the person is not treated as receiving assumed pay;
(g)any period of service detention; and
(h)any period of imprisonment.
(4) Where a person ceases to be eligible for active membership under regulation 16 (eligibility for active membership) for a period of more than 5 years and subsequently rejoins, qualifying service re-starts from the first day of new service in scheme employment.
(5) In determining the period for which an individual ceases to be eligible under paragraph (4) any period where the member was in pensionable public service is to be disregarded.
23.—(1) For the purpose of calculating a member’s pension or other benefits, the member’s pensionable earnings are—
(a)basic pay in the service by virtue of which the person is a member for a person of the member’s rank and seniority; and
(b)an other amount if, and to the extent that, the Secretary of State has determined that it is to be treated as pensionable earnings.
This is subject to paragraph (3).
(2) Accordingly, subject to paragraph (1)(b), “pensionable earnings” does not include—
(a)any allowances,
(b)any additional amounts payable in respect of particular qualifications or duties, the location of service or the conditions in which service is temporarily performed, or
(c)any additional amounts payable to medical or dental officers as such.
(3) “Pensionable earnings” does not include any description of payments that the Secretary of State has determined is not to be treated as pensionable earnings, unless it is expressly provided to the member on the basis that it is pensionable.
24.—(1) For any period in which the circumstances specified in paragraph (2) apply to an active member of this scheme, a member is treated as receiving pay (“assumed pay”) equal to the pensionable earnings that the member would have received if those circumstances had not applied, with such increase, if any, as the scheme manager considers appropriate.
(2) The circumstances are that the member—
(a)is on secondment to a different employer under an arrangement providing for the member to continue to be an active member of this scheme in respect of the member’s service although the member is paid for that service by that employer;
(b)is on ordinary adoption leave, ordinary maternity leave, ordinary paternity leave or on paid additional paternity leave;
(c)is receiving statutory maternity pay; or
(d)is on unpaid leave for a period which the scheme manager has agreed can count for the purpose of this paragraph.