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The Armed Forces Pensions (Remediable Service) Regulations 2023

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In force since 2023-10-01, as the publisher states.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 52 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Amendment of the Armed Forces Pension Scheme 1975
  4. 3 Schedule 1: The Armed Forces Pension Scheme 1975
  5. 4 Schedule 3: Transitional Provision for the AFPS 1975
  6. 5 Schedule 4: Remediable Service for the AFPS 1975
  7. 6 Amendment of the Armed Forces Pension Scheme Order 2005
  8. 7 New article 6: Schedule 3 (remediable service)
  9. 8 Schedule 1: The Armed Forces Pension Scheme 2005
  10. 9 Schedule 2: Transitional Provision
  11. 10 Schedule 3: Remediable Service for the AFPS 2005
  12. 11 Amendment of the Armed Forces Early Departure Payments Order 2005
  13. 12 Article 2: Schedule (remediable service)
  14. 13 Article 3: General interpretation
  15. 14 Article 3A: Person with Dual Entitlement
  16. 15 Schedule: Remediable Service for the EDP 2005
  17. 16 Amendment of the Reserve Forces Pension Scheme Regulations 2005
  18. 17 New regulation 4: Schedule 4 (remediable service)
  19. 18 Schedule 1: The Reserve Forces Pension Scheme 2005
  20. 19 Schedule 3: Transitional Provision
  21. 20 Schedule 4: Remediable service for the RFPS 2005
  22. 21 Amendment of the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010
  23. 22 New regulation 4: Schedule 3 (remediable service)
  24. 23 Schedule 1: The Full-Time Reserve Service Pension Scheme 1997
  25. 24 Schedule 2: Transitional Provision for the Full-Time Reserve Service Pension Scheme 1997
  26. 25 Schedule 3: Remediable service for the FTRS 1997
  27. 26 Amendment of the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011
  28. 27 New regulation 3B: Schedule 4 (remediable service)
  29. 28 Schedule 1: The Non Regular Permanent Staff Pension Scheme
  30. 29 Schedule 3: Transitional Provision for the Non Regular Permanent Staff Pension Scheme
  31. 30 Schedule 4: Remediable service for the NRPS 2011
  32. 31 Amendment of the Armed Forces Pension Scheme Regulations 2014
  33. 32 Regulation 2: Schedule (remediable service)
  34. 33 Regulation 3: Interpretation
  35. 34 Regulation 16: eligibility for active membership
  36. 35 Schedule: Remediable service
  37. 36 Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010
  38. 37 Article 2: Interpretation
  39. 38 Part 4: The Armed Forces Resettlement Commutation Scheme 2010
  40. 39 Amendment of the Armed Forces Redundancy Scheme Order 2020
  41. 40 Schedule: Armed Forces Redundancy Scheme 2020
  42. 41 Amendment of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
  43. 42 Article 2: Interpretation
  44. 43 Insertion of new Part 5A: Remediable Service
  45. 44 Schedule 2: insertion of new paragraph 6 (remediable service)
  46. Schedule 1 Remediable Service for the Armed Forces Pension Scheme 1975
  47. Schedule 2 Remediable Service for the Armed Forces Pension Scheme 2005
  48. Schedule 3 Remediable Service for the Armed Forces Early Departure Payments Scheme 2005
  49. Schedule 4 Remediable Service for the Reserve Forces Pension Scheme 2005
  50. Schedule 5 Remediable Service for the Reserve Forces (Full-Time Reserve Service) Pension Scheme 1997
  51. Schedule 6 Remediable Service for the Reserve Forces Non Regular Permanent Staff Pension 2011
  52. Schedule 7 Remediable Service for the Armed Forces Pension Scheme 2015

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52 provisions

Title and introductory text

2023 No. 998 PUBLIC SERVICE PENSIONS The Armed Forces Pensions (Remediable Service) Regulations 2023 Made 6th September 2023 Laid before Parliament 13th September 2023 Coming into force 1st October 2023 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(1) and (2)(h), 2(1) (together with paragraph 8 of Schedule 2), 3(1), (2)(b) and (c) and (3) of the Public Service Pensions Act 2013 (“the 2013 Act”) and sections 5(1) and (5), 6(1), 7(3), 8(1) and (3), 10(1), 11(1) and (5), 12(1) and (3), 18(1), 19(1) and (4), 20(1) and (5), 21, 22(1), (2), (3), (4) and (6), 24(1), 25(1) and (4), 26(1) and (2), 29(1), (7) and (8) and 37(2) of the Public Service Pensions and Judicial Offices Act 2022 (“PSPJOA 2022”) and section 27(2) of the Welfare Reform and Pensions Act 1999. In accordance with section 3(5) of the 2013 Act, these Regulations are made with the consent of the Treasury. In accordance with section 21(1) of the 2013 Act, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State likely to be affected by these Regulations. To the extent required by section 27 of PSPJOA 2022, these Regulations are made in accordance with Treasury Directions made under that section.

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1 Citation, commencement and extent

These Regulations— (a) may be cited as the Armed Forces Pensions (Remediable Service) Regulations 2023; (b) come into force on 1st October 2023; (c) extend to England and Wales, Scotland and Northern Ireland.

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2 Amendment of the Armed Forces Pension Scheme 1975

The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010, the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (in this Part, collectively referred to as “each instrument”) are amended as follows.

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3 Schedule 1: The Armed Forces Pension Scheme 1975

(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; “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.

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4 Schedule 3: Transitional Provision for the AFPS 1975

(1) Schedule 3 (transitional provision for the AFPS 1975) to each instrument 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, 1st April 2022; in any other case, 1st April 2015; ; (3) In paragraph 2 (meaning of continuity of service), sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”. (4) In paragraph 4 (full protection members of the AFPS 1975), sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

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5 Schedule 4: Remediable Service for the AFPS 1975

Each instrument is amended by inserting, in each case, Schedule 4 (remediable service) contained in Schedule 1 to this instrument.

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6 Amendment of the Armed Forces Pension Scheme Order 2005

The Armed Forces Pension Scheme Order 2005 (“the 2005 Order”) is amended as follows.

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7 New article 6: Schedule 3 (remediable service)

After article 5 (closure of Scheme and transitional provision), insert— Schedule 3: Remediable Service 6 Schedule 3 (remediable service) makes provision in relation to remediable service. .

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8 Schedule 1: The Armed Forces Pension Scheme 2005

(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). .

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9 Schedule 2: Transitional Provision

(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)).

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10 Schedule 3: Remediable Service for the AFPS 2005

After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 2 to this instrument.

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11 Amendment of the Armed Forces Early Departure Payments Order 2005

The Armed Forces Early Departure Payments Scheme Order 2005 (“the EDP Order”) is amended as follows.

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12 Article 2: Schedule (remediable service)

In Article 2 (establishment of the Armed Forces Early Departure Payments Scheme), after paragraph (2), insert— (3) The Schedule (remediable service) makes provision about remediable service. .

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13 Article 3: General interpretation

In article 3 (general interpretation)— (a) for the definition of “the AFPS 1975” substitute— “the AFPS 1975” means the occupational pension Scheme arrangements for members of the regular forces known as the Armed Forces Pension Scheme 1975 and set out in— the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010; the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010; the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010; ; (b) for the definition of “transition date” substitute— “transition date”, in relation to a person with dual entitlement 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; ; (c) insert in the appropriate places the following— “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; .

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14 Article 3A: Person with Dual Entitlement

In article 3A (meaning of “a person with dual entitlement”), in sub-paragraph (d), for “1st April 2015” substitute “their transition date”.

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15 Schedule: Remediable Service for the EDP 2005

The EDP Order is amended by inserting the Schedule (remediable service) contained in Schedule 3 to this instrument.

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16 Amendment of the Reserve Forces Pension Scheme Regulations 2005

The Reserve Forces Pension Scheme Regulations 2005 (“the 2005 Regulations”) are amended as follows.

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17 New regulation 4: Schedule 4 (remediable service)

After regulation 3 (Closure of Scheme and transitional provision), insert— Schedule 4: Remediable Service 4 Schedule 4 (remediable service) makes provision about remediable service. .

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18 Schedule 1: The Reserve Forces Pension Scheme 2005

(1) Schedule 1 (The Reserve Forces Pension Scheme 2005) to the 2005 Regulations 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 C.4 (reckonable service), 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 12(1)(a) of Schedule 4 (remediable service), the remedy member’s remediable service is not treated as reckonable service for the purposes of Schedules 1 and 3 to this Scheme. . (4) In rule E.21 (nominations for lump sum death benefits), after paragraph (3), insert— (3A) This rule is subject to paragraph 56 of Schedule 4 (remediable service). . (5) In rule G.1 (application of Part G - Abatement), after paragraph (2), insert— (3) This Part is subject to paragraph 55 of Schedule 4 (remediable service). .

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19 Schedule 3: Transitional Provision

(1) Schedule 3 (transitional provision) to the 2005 Regulations is amended as follows. (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 2 (meaning of “continuity of service”), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”; (4) In paragraph 8 (members of the RFPS 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)). (5) 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)).

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20 Schedule 4: Remediable service for the RFPS 2005

After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 4 to this instrument.

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

The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010 (“the 2010 Regulations”) are amended as follows.

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22 New regulation 4: Schedule 3 (remediable service)

After regulation 3 (transitional provision), insert— Schedule 3: Remediable Service 4 Schedule 3 (remediable service) makes provision about remediable service. .

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23 Schedule 1: The Full-Time Reserve Service Pension Scheme 1997

(1) Schedule 1 (the Full-Time Reserve Service Pension Scheme 1997) to the 2010 Regulations is amended in accordance with this regulation. (2) In rule A.1 (interpretation: general), in paragraph (2)— (a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 2 and 3;”; (b) insert in the appropriate places the following— “AFP Regulations 2014” means the Armed Forces Pension Regulations 2014; “AFPS 2015” means the pension Scheme established by the AFP Regulations 2014; “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; . (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 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 3 (Remediable Service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme. . (4) In rule G.1 (further pensionable service: general rule), after sub-paragraph (3) insert— (4) This rule is subject to paragraph 55 (abatement) in Schedule 3 (remediable service). .

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24 Schedule 2: Transitional Provision for the Full-Time Reserve Service Pension Scheme 1997

(1) Schedule 2 (transitional provision) 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 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”. (4) In paragraph 4 (full protection members of the FTRS 1997), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

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25 Schedule 3: Remediable service for the FTRS 1997

After Schedule 2, insert Schedule 3 (remediable service) contained in Schedule 5 to this instrument.

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

The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011 (“2011 Regulations”) are amended as follows.

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27 New regulation 3B: Schedule 4 (remediable service)

After regulation 3A (transitional provision), insert— Schedule 4: Remediable Service 3B Schedule 4 (remediable service) makes provision for remediable service. .

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28 Schedule 1: The Non Regular Permanent Staff Pension Scheme

(1) Schedule 1 (The Non Regular Permanent Staff Pension Scheme) to the 2011 Regulations is amended in accordance with this regulation. (2) In rule A.1 (interpretation general), in sub-paragraph (2)— (a) in the definition of “the Scheme” after “Schedule” insert “and Schedules 3 and 4;”; (b) insert in the appropriate places the following— “AFP Regulations 2014” means the Armed Forces Pension Regulations 2014; “AFPS 2015” means the pension Scheme established by the AFP Regulations 2014; “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; . (3) In rule A.2 (reckonable service), after paragraph (1) insert— (1A) Where a remedy member has made a section 6 election within the meaning of paragraph 9(1)(a) or a section 10 election within the meaning of paragraph 13(1)(a) of Schedule 4 (remediable service), the member’s remediable service is not treated as reckonable service for the purposes of the Scheme. .

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29 Schedule 3: Transitional Provision for the Non Regular Permanent Staff Pension Scheme

(1) Schedule 3 (transitional provision) to the 2011 Regulations 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 2 (meaning of continuity of service), in sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”. (4) In paragraph 4 (full protection members of the NRPS 2011), in sub-paragraph (1), omit paragraph (b) (together with “and” at the end of paragraph (a)).

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30 Schedule 4: Remediable service for the NRPS 2011

After Schedule 3, insert Schedule 4 (remediable service) contained in Schedule 6 to this instrument.

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31 Amendment of the Armed Forces Pension Scheme Regulations 2014

The Armed Forces Pension Scheme Regulations 2014 (“the 2014 Regulations”) are amended as follows.

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32 Regulation 2: Schedule (remediable service)

In regulation 2 (establishment of Scheme)— (a) the existing wording stands as paragraph (1); (b) after paragraph (1) insert— (2) The Schedule (remediable service) makes provision about remediable service. .

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33 Regulation 3: Interpretation

(1) Regulation 3 (interpretation) of the 2014 Regulations is amended in accordance with this regulation. (2) In paragraph (1)— (a) for the definition of “transition date” substitute— “transition date” in relation to a transition member means— where the member has remediable service 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; ; (b) insert in the appropriate places the following— “AFRS 2020” means the Scheme established in 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 a Scheme within the meaning of that section, whether or not by virtue of section 2(1) of PSPJOA 2022; “remedy member” means a member with remediable service; .

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34 Regulation 16: eligibility for active membership

(1) Regulation 16 (eligibility for active membership) of the 2014 Regulations is amended in accordance with this regulation. (2) In regulation 16 (eligibility for active membership), after paragraph (3) insert— (4) Where a remedy member— (a) is in Scheme employment on or after 1st April 2022, and (b) has made an election under section 5 of PSPJOA 2022 in relation to remediable service in a connected Scheme, the member becomes an active member of this Scheme from their first day of service in Scheme employment on or after 1st April 2022. .

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35 Schedule: Remediable service

The 2014 Regulations is amended by inserting the Schedule (remediable service) contained in Schedule 7 to this instrument.

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36 Amendment of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010

The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010 (“the RRGES Order”) is amended as follows.

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37 Article 2: Interpretation

(1) Article 2 (interpretation) of the RRGES Order is amended in accordance with this regulation. (2) In the definition of “the AFPS 1975”, for “Schedule 1” substitute “Schedules 1,3 and 4”. (3) In the definition of “transition member” for “1st April 2015” in both places it appears, substitute “the member’s transition date”. (4) insert in the appropriate places in the alphabetical order the following— “PSPJOA” 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 AFPS 1975, whether or not by virtue of section 2(1) of PSPJOA 2022; “remedy member” means a member with remediable service in the AFPS 1975; “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, 1st April 2022; in any other case, 1st April 2015; .

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38 Part 4: The Armed Forces Resettlement Commutation Scheme 2010

(1) Part 4 of the RRGES Order (the Armed Forces Resettlement Commutation Scheme) is amended in accordance with this regulation. (2) In article 28 (application)— (a) article 28 stands as paragraph (1); (b) after paragraph (1) insert— (2) This Part is subject to article 30A (remediable service). . (3) In article 29 (resettlement commutation), in paragraph (3) omit “Subject to paragraph (4)”. (4) After article 30 (factors affecting the amount of commutable pension), insert— Remediable Service 30A (1) This article applies where a remedy member (“M”) has commuted part of their pension under this Part before 1st October 2023. (2) Where M makes 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) to the AFPS 1975— (a) M is treated for the purposes of the AFRCS 2010 as a transition member with a transition date of 1st April 2015; (b) in article 30(1A), for the purposes of calculating— (i) “C”, AFPS 1975 service does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made; (ii) “D”— (aa) reckonable service in the AFPS 1975 does not include the period of remediable service in the AFPS 1975 in respect of which the decision was made, and (bb) pensionable service in the AFPS 2015 includes the period of remediable service in the AFPS 1975 in respect of which the decision was made. .

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39 Amendment of the Armed Forces Redundancy Scheme Order 2020

The Armed Forces Redundancy Scheme Order 2020 (in this Part, “the AFRS 2020 Order”) is amended as follows.

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