The Armed Forces Pensions (Remediable Service) Regulations 2023

Part 1 PRELIMINARY

Citation, commencement and extent

1.  These Regulations—

(a) may be cited as the Armed Forces Pensions (Remediable Service) Regulations 2023;

(b) come into force on 1st October 2023;

(c) extend to England and Wales, Scotland and Northern Ireland.

Part 2 AMENDMENT OF THE ARMED FORCES PENSION SCHEME 1975

Amendment of the Armed Forces Pension Scheme 1975

2.  The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(1), the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(2) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(3) (in this Part, collectively referred to as “each instrument”) are amended as follows.

Schedule 1: The Armed Forces Pension Scheme 1975

3.—(1) Schedule 1 (the Armed Forces Pension Scheme 1975) to each instrument is amended in accordance with this regulation.

(2) In rule A.1 (general), paragraph (3), insert in the appropriate places the following—

““AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020(4);

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

(3) In rule A.11 (reckonable service), after paragraph (1) insert—

“(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of this Scheme.”.

(4) In rule D.5 (amount of immediate pension: other officers), after paragraph (4) insert—

“(4A) Where a remedy member extended the period for which the terms and conditions of their commission committed them to serve as a result of a relevant breach of a non-discrimination rule in relation to the service within the meaning of section 25(9) of PSPJOA 2022—

(a) paragraph (4) does not apply if the member ceases service at the end of the period for which their terms and conditions of service had required them to serve immediately before they entered into the extension, and

(b) the relevant table for the purposes of paragraph (2)(a) is that setting out rates of pension paid on compulsory retirement for officers.”.

(5) In rule H.1 (further pensionable service: general rule), at the end of paragraph (3), insert—

“(c) paragraph 63 (abatement) in Schedule 4 (remediable service).”.

(6) Paragraph (4) has effect on and after 1st April 2015.

Schedule 3: Transitional Provision for the AFPS 1975

4.—(1) Schedule 3 (transitional provision for the AFPS 1975) to each instrument is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation), for the definition of transition date, substitute—.

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022, 1st April 2022;

(b)

in any other case, 1st April 2015;”;

(3) In paragraph 2 (meaning of continuity of service), sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”.

(4) In paragraph 4 (full protection members of the AFPS 1975), sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

Schedule 4: Remediable Service for the AFPS 1975

5.  Each instrument is amended by inserting, in each case, Schedule 4 (remediable service) contained in Schedule 1 to this instrument.

Part 3 AMENDMENT OF THE ARMED FORCES PENSION SCHEME 2005

Amendment of the Armed Forces Pension Scheme Order 2005

6.  The Armed Forces Pension Scheme Order 2005(5) (“the 2005 Order”) is amended as follows.

New article 6: Schedule 3 (remediable service)

7.  After article 5 (closure of Scheme and transitional provision), insert—

“Schedule 3: Remediable Service

6.   Schedule 3 (remediable service) makes provision in relation to remediable service.”.

Schedule 1: The Armed Forces Pension Scheme 2005

8.—(1) Schedule 1 (the Armed Forces Pension Scheme 2005) to the 2005 Order is amended in accordance with this regulation.

(2) In rule A.1 (interpretation: general), paragraph (4), insert in the appropriate places the following—

““AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;

“Scheme manager” means the Secretary of State;”.

(3) In rule A.8 (reckonable service), after paragraph (3), insert—;

“(4) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 11(1)(a) of Schedule 3 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of this Scheme.”.

(4) In rule E.21 (nominations for lump sum death benefits), after paragraph (3), insert—

“(3A) This rule is subject to paragraph 62 of Schedule 3 (remediable service).”.

(5) In rule G.5 (procedure for exercising options)—

(a) in paragraph (1), after “current service”, insert “, subject to paragraph (3)”;

(b) after paragraph (2), insert—

“(3) Where—

(a) the member has remediable service, and

(b) the period of service of which the remediable service formed part ended before an immediate choice decision or a deferred choice decision within the meaning of Schedule 3 had been made in relation to the remediable service,

the option under rule G.3(2) or G.4(2) may be exercised when the immediate choice decision or a deferred choice decision is made, whether or not the member is an active member at the time the relevant decision is made.”.

(6) In rule H.1 (application of Part H), after paragraph (2), insert—

“(3) This Part is subject to paragraph 61 of Schedule 3 (remediable service).”.

Schedule 2: Transitional Provision

9.—(1) Schedule 2 (transitional provision) to the 2005 Order is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”.

(3) In paragraph 8 (members of the AFPS 2005 on 31st March 2015)—

(a) in sub-paragraph (2), omit paragraph (b) (together with “and” at the end of paragraph (a));

(b) in sub-paragraph (3), omit paragraph (c) (together with “and” at the end of paragraph (b)).

(4) In paragraph 9 (members of an existing Scheme or a public body pension Scheme), in sub-paragraph (1)—

(a) at the end of paragraph (c), insert “and”;

(b) omit paragraph (e) (together with “and” at the end of paragraph (d)(ii)).

Schedule 3: Remediable Service for the AFPS 2005

10.  After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 2 to this instrument.

Part 4 AMENDMENT OF THE ARMED FORCES EARLY DEPARTURE PAYMENTS ORDER 2005

Amendment of the Armed Forces Early Departure Payments Order 2005

11.  The Armed Forces Early Departure Payments Scheme Order 2005(6) (“the EDP Order”) is amended as follows.

Article 2: Schedule (remediable service)

12.  In Article 2 (establishment of the Armed Forces Early Departure Payments Scheme), after paragraph (2), insert—

“(3) The Schedule (remediable service) makes provision about remediable service.”.

Article 3: General interpretation

13.  In article 3 (general interpretation)—

(a) for the definition of “the AFPS 1975” substitute—

““the AFPS 1975” means the occupational pension Scheme arrangements for members of the regular forces known as the Armed Forces Pension Scheme 1975 and set out in—

(a)

the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010;

(b)

the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010;

(c)

the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010;”;

(b) for the definition of “transition date” substitute—

““transition date”, in relation to a person with dual entitlement means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”;

(c) insert in the appropriate places the following—

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;

“Scheme manager” means the Secretary of State;”.

Article 3A: Person with Dual Entitlement

14.  In article 3A (meaning of “ a person with dual entitlement”), in sub-paragraph (d), for “1st April 2015” substitute “their transition date”.

Schedule: Remediable Service for the EDP 2005

15.  The EDP Order is amended by inserting the Schedule (remediable service) contained in Schedule 3 to this instrument.

Part 5 AMENDMENT OF THE RESERVE FORCES PENSION SCHEME ORDER 2005

Amendment of the Reserve Forces Pension Scheme Regulations 2005

16.  The Reserve Forces Pension Scheme Regulations 2005(7) (“the 2005 Regulations”) are amended as follows.

New regulation 4: Schedule 4 (remediable service)

17.  After regulation 3 (Closure of Scheme and transitional provision), insert—

“Schedule 4: Remediable Service

4.   Schedule 4 (remediable service) makes provision about remediable service.”.

Schedule 1: The Reserve Forces Pension Scheme 2005

18.—(1) Schedule 1 (The Reserve Forces Pension Scheme 2005) to the 2005 Regulations is amended in accordance with this regulation.

(2) In rule A.1 (interpretation: general), paragraph (4), insert in the appropriate places the following—

““AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;

“Scheme manager” means the Secretary of State;”.

(3) In rule C.4 (reckonable service), insert—

“(4) Where a remedy member has made a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of Schedules 1 and 3 to this Scheme.”.

(4) In rule E.21 (nominations for lump sum death benefits), after paragraph (3), insert—

“(3A) This rule is subject to paragraph 56 of Schedule 4 (remediable service).”.

(5) In rule G.1 (application of Part G - Abatement), after paragraph (2), insert—

“(3) This Part is subject to paragraph 55 of Schedule 4 (remediable service).”.

Schedule 3: Transitional Provision

19.—(1) Schedule 3 (transitional provision) to the 2005 Regulations is amended as follows.

(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”.

(3) In paragraph 2 (meaning of “continuity of service”), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”;

(4) In paragraph 8 (members of the RFPS 2005 on 31st March 2015)—

(a) in sub-paragraph (2), omit paragraph (b) (together with “and” at the end of paragraph (a));

(b) in sub-paragraph (3), omit paragraph (c) (together with “and” at the end of paragraph (b)).

(5) In paragraph 9 (members of an existing Scheme or a public body pension Scheme), in sub-paragraph (1)—

(a) at the end of paragraph (c), insert “and”;

(b) omit paragraph (e) (together with “and” at the end of paragraph (d)(ii)).

Schedule 4: Remediable service for the RFPS 2005

20.  After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 4 to this instrument.

Part 6 AMENDMENT OF THE RESERVE FORCES (FULL-TIME RESERVE SERVICE PENSION SCHEME 1997) REGULATIONS 2010

Amendment of the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010

21.  The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010(8) (“the 2010 Regulations”) are amended as follows.

New regulation 4: Schedule 3 (remediable service)

22.  After regulation 3 (transitional provision), insert—

“Schedule 3: Remediable Service

4.   Schedule 3 (remediable service) makes provision about remediable service.”.

Schedule 1: The Full-Time Reserve Service Pension Scheme 1997

23.—(1) Schedule 1 (the Full-Time Reserve Service Pension Scheme 1997) to the 2010 Regulations is amended in accordance with this regulation.

(2) In rule A.1 (interpretation: general), in paragraph (2)—

(a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 2 and 3;”;

(b) insert in the appropriate places the following—

““AFP Regulations 2014” means the Armed Forces Pension Regulations 2014;

“AFPS 2015” means the pension Scheme established by the AFP Regulations 2014;

“AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

(3) In rule A.11 (reckonable service), after paragraph (1) insert—

“(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 3 (Remediable Service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.”.

(4) In rule G.1 (further pensionable service: general rule), after sub-paragraph (3) insert—

“(4) This rule is subject to paragraph 55 (abatement) in Schedule 3 (remediable service).”.

Schedule 2: Transitional Provision for the Full-Time Reserve Service Pension Scheme 1997

24.—(1) Schedule 2 (transitional provision) is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—.

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”.

(3) In paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”.

(4) In paragraph 4 (full protection members of the FTRS 1997), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

Schedule 3: Remediable service for the FTRS 1997

25.  After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 5 to this instrument.

Part 7 AMENDMENT OF THE RESERVE FORCES NON REGULAR PERMANENT STAFF (PENSION AND ATTRIBUTABLE BENEFITS SCHEMES) REGULATIONS 2011

Amendment of the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

26.  The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(9) (“2011 Regulations”) are amended as follows.

New regulation 3B: Schedule 4 (remediable service)

27.  After regulation 3A (transitional provision), insert—

“Schedule 4: Remediable Service

3B.   Schedule 4 (remediable service) makes provision for remediable service.”.

Schedule 1: The Non Regular Permanent Staff Pension Scheme

28.—(1) Schedule 1 (The Non Regular Permanent Staff Pension Scheme) to the 2011 Regulations is amended in accordance with this regulation.

(2) In rule A.1 (interpretation general), in sub-paragraph (2)—

(a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 3 and 4;”;

(b) insert in the appropriate places the following—

““AFP Regulations 2014” means the Armed Forces Pension Regulations 2014;

“AFPS 2015” means the pension Scheme established by the AFP Regulations 2014;

“AFRS 2020” means the Scheme established by the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the Scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

(3) In rule A.2 (reckonable service), after paragraph (1) insert—

“(1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme.”.

Schedule 3: Transitional Provision for the Non Regular Permanent Staff Pension Scheme

29.—(1) Schedule 3 (transitional provision) to the 2011 Regulations is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation), for the definition of “transition date”, substitute—

““transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”.

(3) In paragraph 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”.

(4) In paragraph 4 (full protection members of the NRPS 2011), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

Schedule 4: Remediable service for the NRPS 2011

30.  After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 6 to this instrument.

Part 8 AMENDMENT OF THE ARMED FORCES PENSION REGULATIONS 2014

Amendment of the Armed Forces Pension Scheme Regulations 2014

31.  The Armed Forces Pension Scheme Regulations 2014(10) (“the 2014 Regulations”) are amended as follows.

Regulation 2: Schedule (remediable service)

32.  In regulation 2 (establishment of Scheme)—

(a) the existing wording stands as paragraph (1);

(b) after paragraph (1) insert—

“(2) The Schedule (remediable service) makes provision about remediable service.”.

Regulation 3: Interpretation

33.—(1) Regulation 3 (interpretation) of the 2014 Regulations is amended in accordance with this regulation.

(2) In paragraph (1)—

(a) for the definition of “transition date” substitute—

““transition date” in relation to a transition member means—

(a)

where the member has remediable service within the meaning of section 1 of PSPJOA 2022 (whether or not by virtue of section 2(1) of PSPJOA 2022), 1st April 2022;

(b)

in any other case, 1st April 2015;”;

(b) insert in the appropriate places the following—

““AFRS 2020” means the Scheme established in the Armed Forces Redundancy Scheme Order 2020;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

Regulation 16: eligibility for active membership

34.—(1) Regulation 16 (eligibility for active membership) of the 2014 Regulations is amended in accordance with this regulation.

(2) In regulation 16 (eligibility for active membership), after paragraph (3) insert—

“(4) Where a remedy member—

(a) is in Scheme employment on or after 1st April 2022, and

(b) has made an election under section 5 of PSPJOA 2022 in relation to remediable service in a connected Scheme,

the member becomes an active member of this Scheme from their first day of service in Scheme employment on or after 1st April 2022.”.

Schedule: Remediable service

35.  The 2014 Regulations is amended by inserting the Schedule (remediable service) contained in Schedule 7 to this instrument.

Part 9 AMENDMENT OF THE ARMED FORCES (REDUNDANCY, RESETTLEMENT AND GRATUITY EARNINGS SCHEMES) (No. 2) ORDER 2010

Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010

36.  The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010(11) (“the RRGES Order”) is amended as follows.

Article 2: Interpretation

37.—(1) Article 2 (interpretation) of the RRGES Order is amended in accordance with this regulation.

(2) In the definition of “the AFPS 1975”, for “Schedule 1” substitute “Schedules 1,3 and 4”.

(3) In the definition of “transition member” for “1st April 2015” in both places it appears, substitute “the member’s transition date”.

(4) insert in the appropriate places in the alphabetical order the following—

““PSPJOA” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under the AFPS 1975, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service in the AFPS 1975;

“transition date” in relation to a transition member means—

(a)

where the member has remediable service in a Scheme within the meaning of section 1 of PSPJOA 2022, 1st April 2022;

(b)

in any other case, 1st April 2015;”.

Part 4: The Armed Forces Resettlement Commutation Scheme 2010

38.—(1) Part 4 of the RRGES Order (the Armed Forces Resettlement Commutation Scheme) is amended in accordance with this regulation.

(2) In article 28 (application)—

(a) article 28 stands as paragraph (1);

(b) after paragraph (1) insert—

“(2) This Part is subject to article 30A (remediable service).”.

(3) In article 29 (resettlement commutation), in paragraph (3) omit “Subject to paragraph (4)”.

(4) After article 30 (factors affecting the amount of commutable pension), insert—

“Remediable Service

30A.— (1) This article applies where a remedy member (“M”) has commuted part of their pension under this Part before 1st October 2023.

(2) Where M makes a section 6 election within the meaning of paragraph 8(1)(a) or a section 10 election within the meaning of paragraph 12(1)(a) of Schedule 4 (remediable service) to the AFPS 1975—

(a) M is treated for the purposes of the AFRCS 2010 as a transition member with a transition date of 1st April 2015;

(b) in article 30(1A), for the purposes of calculating—

(i) “C”, AFPS 1975 service does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made;

(ii) “D”—

(aa) reckonable service in the AFPS 1975 does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made, and

(bb) pensionable service in the AFPS 2015 includes the period of remediable service in the AFPS 1975 in respect of which the decision was made.”.

Part 10 AMENDMENT OF THE ARMED FORCES REDUNDANCY SCHEME ORDER 2020

Amendment of the Armed Forces Redundancy Scheme Order 2020

39.  The Armed Forces Redundancy Scheme Order 2020 (in this Part, “the AFRS 2020 Order”) is amended as follows.

Schedule: Armed Forces Redundancy Scheme 2020

40.—(1) The Schedule to the AFRS 2020 Order is amended in accordance with this regulation.

(2) In paragraph 1 (general interpretation), insert in the appropriate places the following—

““PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“Chapter 1 legacy scheme” means a legacy pension Scheme, within the meaning of Chapter 1 of PSPJOA 2022, for the armed forces and reserve forces under which service in the—

(a)

regular forces, or

(b)

reserve forces under sections 24 or 25 of the Reserve Forces Act 1996,

is pensionable;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Chapter 1 legacy scheme, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;

“section 6 election” means an election under section 6 of PSPJOA 2022 for Scheme benefits made—

(a)

under the rules of a Chapter 1 legacy scheme, and

(b)

by a remedy member.”.

(3) In paragraph 5 (meaning of “redundancy qualifying service”), after sub-paragraph (1), insert—

“(1A) For the purposes of this Schedule, where a remedy member of a Chapter 1 legacy scheme makes a section 6 election under the rules of the relevant legacy pension Scheme, their remediable service in that Scheme—

(a) is treated as though it had been pensionable service in the AFPS 2015, and

(b) is not treated as if it had been pensionable service in the relevant Chapter 1 legacy pension Scheme.”.

(4) In paragraph 16 (interpretation of Part 3)—

(a) the existing wording stands as sub-paragraph (1);

(b) after sub-paragraph (1), insert—

“(2) For the purposes of this Part, where a remedy member with remediable service under the AFPS 1975 makes a section 6 election under Schedule 4 (remediable service) to the AFPS 1975, their AFRS 2010 redundancy reckonable service does not include any period of remediable service which would otherwise have counted as such redundancy reckonable service.”.

(5) In paragraph 24 (interpretation of Part 4)—

(a) the existing wording stands as sub-paragraph (1)

(b) after sub-paragraph (1), insert—

“(2) For the purposes of this Part, where a remedy member with remediable service under the AFPS 2005 makes a section 6 election under Schedule 3 (remediable service) to the AFPS 2005, their AFRS 2006 relevant service does not include any period of remediable service which would otherwise have counted as such relevant service.”.

Part 11 AMENDMENT OF THE ARMED FORCES AND RESERVE FORCES (COMPENSATION SCHEME) ORDER 2011

Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

41.  The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(12) (“the AFCS Order”) is amended as follows.

Article 2: Interpretation

42.—(1) Article 2 (interpretation) of the AFCS Order is amended in accordance with this regulation.

(2) In paragraph (1), insert in the appropriate places the following—.

““EDP 2005 Order” means the Armed Forces Early Departure Payments Scheme Order 2005;

“PSPJOA 2022” means the Public Service Pensions and Judicial Offices Act 2022;

“remediable service” has the meaning given in section 1 of PSPJOA 2022, and refers to service in an employment or office that is pensionable service under a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022;

“remedy member” means a member with remediable service;”.

Insertion of new Part 5A: Remediable Service

43.  After Part 5 (adjustment and cessation of benefit), insert—

“Part 5A REMEDIABLE SERVICE

Application and interpretation

42A.— (1) This Part applies where—

(a) as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“M”) remediable service changes, and

(b) article 39(5) applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) In this Part—

(a) an “immediate choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 8 of Schedule 4 to the AFPS 1975;

(ii) paragraph 9 of Schedule 3 to the AFPS 2005;

(iii) paragraph 7 of the Schedule to the EDP Order 2005;

(b) a “deferred choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 12 of Schedule 4 to the AFPS 1975;

(ii) paragraph 13 of Schedule 3 to the AFPS 2005;

(iii) paragraph 10 of the Schedule to the EDP Order 2005.

(c) A reference to a pension or payment has the same meaning as in article 39(1).

Adjustment and Reconciliation

42B.— (1) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—

(a) the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and

(b) the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.

(3) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.

Recovery of Overpayments

42C.   Where an amount is owed to the Secretary of State under article 42B(2), that amount—

(a) is treated as a relevant amount for the purposes of section 26(1)(b) of PSPJOA 2022, and

(b) must, in the first instance, be offset against any arrears of pension or payment that may be owed to the relevant beneficiary under the provisions of Chapter 1 of Part 1 of PSPJOA 2022.”.

Schedule 2: insertion of new paragraph 6 (remediable service)

44.—(1) Schedule 2 (modifications for Reserve Forces) is amended in accordance with this regulation.

(2) After paragraph 5 (modification of article 39 (adjustment of guaranteed income payment, survivor’s guaranteed income payment or child’s payment to take account of other amounts), insert—

“Remediable service: adjustment and reconciliation

6.— (1) This paragraph applies where—

(a) as a result of an immediate choice decision or a deferred choice decision, the amount of the pension or payment payable in respect of a remedy member’s (“M”) remediable service changes, and

(b) the substituted article 39(6), contained in paragraph 5, applies in relation to an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(2) The Secretary of State must calculate the amount of guaranteed income payment, survivor’s guaranteed income payment or child’s payment payable since the award came into payment (the “remediable amount”), taking into account—

(a) the effect of the immediate choice decision or the deferred choice decision on the amount of the pension or payment payable in respect of M’s remediable service, and

(b) the requirement in article 39 to adjust an award of guaranteed income payment, survivor’s guaranteed income payment or child’s payment.

(3) Where the remediable amount is less than the amount actually paid, the beneficiary must pay an amount equal to the difference to the Secretary of State.

(4) Where the remediable amount is greater than the amount actually paid, the Secretary of State must pay an amount equal to the difference to the beneficiary.

(5) Where an amount is owed to the Secretary of State under sub-paragraph (3), that amount—

(a) is treated as a relevant amount within the meaning of section 26(1)(b) of PSPJOA 2022, and

(b) must, in the first instance, be offset against any arrears of pension or payment that may be owed to the relevant beneficiary under the provisions of Chapter 1 of Part 1 of PSPJOA 2022.

(6) In this paragraph—

(a) an “immediate choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 8 of Schedule 4 to the RFPS 2005;

(ii) paragraph 9 of Schedule 3 to the FTRS 1997;

(iii) paragraph 9 of Schedule 4 to the NRPS 2011;

(b) a “deferred choice decision” means an irrevocable decision in relation to M’s remediable service under—

(i) paragraph 12 of Schedule 4 to the RFPS 2005;

(ii) paragraph 13 of Schedule 3 to the FTRS 1997;

(iii) paragraph 10 of Schedule 4 to the NRPS 2011;

(c) A reference to a pension or payment has the same meaning as in the modified article 39(1).”.

Andrew Murrison

Parliamentary Under Secretary of State

Ministry of Defence

6th September 2023

Scott Mann

Amanda Solloway

Two Lords Commissioners of His Majesty's Treasury

HM Treasury

1st September 2023