The Armed Forces Pensions (Remediable Service) Regulations 2023

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(1);

“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.

(1)

S.I. 2020/1298.