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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.
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.
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.
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.
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)).
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.
.
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).
.
(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)).
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.
.
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;
.
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.
.
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).
.
(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)).
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).
.
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)).
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.
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.
.
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)).
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.
.
(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;
.
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.
.
(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;
.
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.
.