6. The Armed Forces Pension Scheme Order 2005(1) (“the 2005 Order”) is amended as follows.
7. After article 5 (closure of Scheme and transitional provision), insert—
6. Schedule 3 (remediable service) makes provision in relation to remediable service.”.
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).”.
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—
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;
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)).
10. After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 2 to this instrument.
S.I. 2005/438; relevant amending instruments are S.I. 2009/544, 2015/568 and 2018/1111.