Citation and commencement

1. —(1) These Regulations may be cited as the Armed Forces Pensions (Amendment) Regulations 2022.

(2) Subject to paragraph (3), these Regulations come into force on 1st April 2022.

(3) The following provisions come into force on 31st March 2022—

(a) this regulation;

(b) regulation 3(2)(c) and, so far as it relates to that provision, regulation 3(1) and (3); and

(c) regulation 5(2)(d) and, so far as it relates to that provision, regulation 5(1) and (3).

Amendment of the Armed Forces Pension Scheme 1975

2. —(1)The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010( 3 ), the Army Pensions (Armed ForcesPension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010( 4 ) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010( 5 ) are amended as follows.

(2) In Schedule 3 (transitional provision for the Armed Forces Pension Scheme 1975) to each instrument—

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

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

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

(c) in paragraph 4 (full protection members of the AFPS 1975), for sub-paragraph (3), substitute—

“ (3) P ceases to be a full protection member of the AFPS 1975 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022. ” ;

(d) omit paragraph 44 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment);

(e) in paragraph 48 (purchase of additional reckonable service in respect of period on loan)—

(i) in sub-paragraph (1), for “1st April 2015” substitute “the member’s transition date” ;

(ii) in sub-paragraph (2)—

(aa) in paragraph (1) of the substituted rule C.3 (purchase of additional reckonable service), for “1st April 2015” substitute “the member’s transition date”;

(bb) for paragraph (2) of the substituted rule C.3, substitute—

“ (2) The option may only be exercised—

(a) within the period of twelve months beginning with the day after that on which the secondment period ended, unless the Scheme administrator permits otherwise; and

(b) if the member has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014. ” ;

(cc) after paragraph (5) of the substituted rule C.3, insert—

“ (6) If the amount given by paragraph (3) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015. ” ;

(f) in paragraph 49 (option to buy additional reckonable service under the AFPS 1975 continues to have effect), in sub-paragraph (2), for “after 31st March 2015” substitute “on or after the member’s transition date” .

(3) Paragraph (2)(e) has effect on and after 1st April 2015.

Amendment of the Armed Forces Pension Scheme Order 2005

3. —(1)The Armed Forces Pension Scheme Order 2005( 6 ) is amended as follows.

(2) In Schedule 2 (transitional provision)( 7 )—

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

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

(b) in paragraph 7 (full protection members of the AFPS 2005), for sub-paragraph (2), substitute—

“ (2) P ceases to be a full protection member of the AFPS 2005 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme unless sub-paragraph (3) or (4) applies; or

(b) 31st March 2022. ” ;

(c) in paragraph 9 (members of an existing scheme or a public body pension scheme)—

(i) in sub-paragraph (1)(d), before “P would have been”, insert “sub-paragraph (1A) applies or” ;

(ii) after sub-paragraph (1), insert—

“ (1A) This sub-paragraph applies if—

(a) P was a full protection member of the existing scheme referred to in sub-paragraph (1)(c);

(b) P had ceased to be a full protection member of that scheme after leaving pensionable service under it; and

(c) the rules of that scheme made no provision for a person to re-enter pensionable service under the scheme. ” ;

(d) omit paragraph 41 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment);

(e) in paragraph 46 (option to buy added years under the AFPS 2005 continues to have effect)—

(i) in sub-paragraph (1), for “31st March 2015”, in both places it occurs, substitute “the member’s transition date” ;

(ii) in sub-paragraph (2), for “after 31st March 2015” substitute “on or after the member’s transition date” ;

(f) after paragraph 47, insert—

“ Purchase of added years for members seconded to NATO or the UN etc

47A. —(1) This paragraph applies to a transition member with continuity of service (T) if on T’s transition date T is in qualifying service in accordance with rule A.7(1)(b) (qualifying service) of the AFPS 2005.

(2) For rule C.6 (purchase of added years for members seconded to NATO or the UN etc) of the AFPS 2005, substitute—

“ C.6. —(1) This rule applies if an active member (T) is seconded during any period—

(a) to the United Nations or the North Atlantic Treaty Organisation, or

(b) under arrangements with any other organisation or person under which persons who are in service as a result of which they are eligible to belong to the Scheme are seconded into other service.

(2) If at the end of that period T resumes service in the armed forces in which T is an active member of the Scheme, T may opt to make a single lump sum contribution to the Scheme to increase T’s reckonable service by an additional period equal to the length of T’s secondment before T’s transition date.

(3) The option may only be exercised if—

(a) T has given notice in writing to the Scheme administrator in such form as the Secretary of State requires; and

(b) T has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014.

(4) If T exercises the option under paragraph (2) and pays a contribution equal to the aggregate amount of—

(a) any contributions returned to T by the pension arrangement to which T belonged in respect of T’s service during the secondment, and

(b) any lump sum paid to T on leaving the organisation or to the person to whom T was seconded as a severance payment,

T is entitled to count the period of T’s secondment before T’s transition date as reckonable service.

(5) If the aggregate amount mentioned in paragraph (4) is less than the amount determined by the Scheme actuary to be the amount required to be paid in order to increase T’s reckonable service by the period of T’s secondment before T’s transition date, the Secretary of State must make a contribution to the Scheme equal to the difference.

(6) If the aggregate amount mentioned in paragraph (4) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015.

(7) In this rule, “ transition date ” has the meaning given in paragraph 1 of Schedule 2. ” ” .

(3) Paragraph (2)(c) and (f) have effect on and after 1st April 2015.

Amendment of the Armed Forces Early Departure Payments Scheme Order 2005

4. —(1)The Armed Forces Early Departure Payments Scheme Order 2005( 8 ) is amended as follows.

(2) In article 3 (general interpretation), for the definition of “transition date” substitute—

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

Amendment of the Reserve Forces Pension Scheme Regulations 2005

5. —(1)The Reserve Forces Pension Scheme Regulations 2005( 9 ) are amended as follows.

(2) In Schedule 3 (transitional provision)—

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

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

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

(c) in paragraph 7 (full protection members of the RFPS 2005), for sub-paragraph (2), substitute—

“ (2) P ceases to be a full protection member of the RFPS 2005 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in reckonable service under that scheme unless sub-paragraph (3) or (4) applies; or

(b) 31st March 2022. ” ;

(d) in paragraph 9 (members of an existing scheme or a public body pension scheme)—

(i) in sub-paragraph (1)(d), before “P would have been”, insert “sub-paragraph (1A) applies or” ;

(ii) after sub-paragraph (1), insert—

“ (1A) This sub-paragraph applies if—

(a) P was a full protection member of the existing scheme referred to in sub-paragraph (1)(c);

(b) P had ceased to be a full protection member of that scheme after leaving pensionable service under it; and

(c) the rules of that scheme made no provision for a person to re-enter pensionable service under the scheme. ” ;

(e) omit paragraph 38 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment);

(f) in paragraph 43 (secondment to NATO or the UN etc)—

(i) in sub-paragraph (1), for “1st April 2015” substitute “the member’s transition date” ;

(ii) in sub-paragraph (2)—

(aa) for “rule C.9(2)” substitute “rule C.9(2) to (5)” ;

(bb) in the substituted paragraph (2) of rule C.9 (secondment to NATO or the UN etc), for “1st April 2015” substitute “the member’s transition date”;

(cc) after the substituted paragraph (2) of rule C.9, insert—

“ (3) The option may only be exercised if—

(a) the member has given notice in writing to the Scheme administrator in such form as the Secretary of State requires; and

(b) the member has also exercised an option under regulation 97 of the Armed Forces Pension Regulations 2014.

(4) If the member exercises the option under paragraph (2) and pays a contribution equal to the aggregate amount of—

(a) any contributions returned to the member by the pension arrangement to which the member belonged in respect of the member’s service during the secondment; and

(b) any lump sum paid to the member on leaving the organisation or to the person to whom the member was seconded as a severance payment,

the member is entitled to count the period of the member’s secondment before the member’s transition date as reckonable service.

(5) If the aggregate amount mentioned in paragraph (4) is less than the amount determined by the Scheme actuary to be the amount required to be paid in order to increase the member’s reckonable service by the period of the member’s secondment before the member’s transition date, the Secretary of State must make a contribution to the Scheme equal to the difference.

(6) If the aggregate amount mentioned in paragraph (4) exceeds the amount determined by the Scheme actuary in accordance with paragraph (5), the difference must be provided to the scheme administrator of the AFPS 2015.

(7) In this rule, “ transition date ” has the meaning given in paragraph 1 of Schedule 3. ” .

(3) Paragraph (2)(d) and (f) have effect on and after 1st April 2015.

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

6. —(1)The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010( 10 ) are amended as follows.

(2) In Schedule 2 (transitional provision)—

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

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

(b) in paragraph 4 (full protection members of the FTRS 1997), for sub-paragraph (3), substitute—

“ (3) P ceases to be a full protection member of the FTRS 1997 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022. ” ;

(c) omit paragraph 58 (Secretary of State does not consider that the member has suffered a permanent breakdown of health involving incapacity for any full-time employment).

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

7. —(1)The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011( 11 ) are amended as follows.

(2) In Schedule 3 (transitional provision)—

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

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

(b) in paragraph 4 (meaning of full protection member of the NRPS 2011), for sub-paragraph (3), substitute—

“ (3) P ceases to be a full protection member of the NRPS 2011 at the end of whichever of the following days occurs first—

(a) the day on which P ceases to be in pensionable service under that scheme; or

(b) 31st March 2022. ” ;

(c) omit paragraph 32 (Defence Council does not consider that the member’s service should be terminated on medical grounds).

Amendment of the Armed Forces Pension Regulations 2014

8. —(1)The Armed Forces Pension Regulations 2014( 12 ) 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—

(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.