The Armed Forces Pensions (Amendment) Regulations 2022

Amendment of the Armed Forces Pension Regulations 2014

8.—(1) The Armed Forces Pension Regulations 2014(1) are amended as follows.

(2) In regulation 3 (interpretation), in paragraph (1)—

(a) in the appropriate place, insert—

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

(a)

in the case of a member who ceased to be a full protection member of a connected scheme at the end of 31st March 2022, 1st April 2022;

(b)

in any other case, 1st April 2015 or, if later, the day a person ceased to be a full protection member of a connected scheme;”;

(b) in the definition of “transition member”, for “1st April 2015” substitute “the member’s transition date”.

(3) In regulation 16 (eligibility for active membership), for paragraph (3), substitute—

“(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—

(a) the person exercises an option to the contrary under regulation 18; or

(b) the person had opted out of pensionable service in a connected scheme in relation to that employment and that option had effect on the day before the person’s first day.”.

(4) In regulation 22 (qualifying service), for “on or before 31st March 2015”, in both places it occurs, substitute “before the person’s transition date”.

(5) In regulation 97 (members seconded to NATO or the UN etc), after paragraph (5), insert—

“(6) This regulation is subject to regulation 97A.”.

(6) After regulation 97 (members seconded to NATO or the UN etc), insert—

“Members seconded to NATO or the UN etc: transition member secondees

97A.— (1) This regulation applies if—

(a) the member is a transition member with continuity of service;

(b) the member was on a secondment of a kind referred to in regulation 97(1); and

(c) the secondment began before the member’s transition date.

(2) Where this regulation applies, regulation 97 has effect subject to the following provisions.

(3) The requirement in regulation 97(2) for the member to make a single lump sum contribution to the scheme may be satisfied by the member making a single lump sum contribution to a connected scheme in relation to the secondment.

(4) For the purposes of regulation 97(4) and (5), the aggregate amount is determined as follows (rather than calculated in accordance with regulation 97(4))—

(a) where an amount is provided to the scheme administrator from the connected scheme in relation to the secondment, the aggregate amount is that amount;

(b) if no amount is provided, the aggregate amount is zero.”.

(7) Paragraphs (3), (4), (5) and (6) have effect on and after 1st April 2015.

(1)

S.I. 2014/2336; relevant amending instruments are S.I. 2014/3255, 2015/466, 2015/568 and 2018/1111.