The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026
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Change 1
11 AFPS 2005: election for new scheme benefits
(1) This regulation applies where— (a) Part 4 of Schedule 3 to the 2005 Order applies to or in respect of an individual in accordance with paragraph 18 of that Part; (b) a section 6 election is made in relation to an individual’s remediable service under the AFPS 2005; and (c) as a result of that election, benefits which are equivalent to AFPS 1975 benefits are payable in relation to that individual’s earlier service from the AFPS 2005 (“AFPS 1975 equivalent benefits”) in accordance with paragraph 19 of Part 4 of Schedule 3 to the 2005 Order. (2) The normal minimum pension age in relation to AFPS 1975 equivalent benefits is treated as being the protected pension age which would have applied to that individual in relation to the AFPS 1975 under paragraph 22 of Schedule 36 to FA 2004, disregarding the operation of Part 4 of Schedule 3 to the 2005 Order.
11 AFPS 2005: election for new scheme benefits
(1) This regulation applies where— (a) Part 4 of Schedule 3 to the 2005 Order applies to or in respect of an individual in accordance with paragraph 18 of that Part; (b) a section 6 election is made in relation to an individual’s remediable service under the AFPS 2005; and (c) as a result of that election, benefits which are equivalent to AFPS 1975 benefits are payable in relation to that individual’s earlier service from the AFPS 2005 (“AFPS 1975 equivalent benefits”) in accordance with paragraph 19 of Part 4 of Schedule 3 to the 2005 Order. (2) The normal minimum pension age in relation to AFPS 1975 equivalent benefits is treated as being the protected pension age which would have applied to that individual in relation to the AFPS 1975 under paragraph 22 of Schedule 36 to FA 2004, disregarding the operation of Part 4 of Schedule 3 to the 2005 Order.
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