The Armed Forces Early Departure Payments Scheme Regulations 2014
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Change 1
13 Effect of rejoining the regular forces
(1) This regulation applies where a person who is receiving payments under regulation 9 (entitlement to early departure payments) undertakes a period of new service. (2) In this regulation a “period of new service” means any period of service in the regular forces after the cessation of a prior period of service provided that the subsequent period commences not more than 5 years after the cessation of the prior period of service. (3) Within one month of commencing the new period of service the person may elect to— (a) retain any payments that the person receives in accordance with regulation 9 relating to a prior period of service under this scheme, in which case— (i) such payments are not to be recalculated on cessation of the new service; and (ii) payments are to cease once the person reaches their deferred pension age in respect of the prior service, or would have reached that age if the person had been a member of the AFPS 14; or (b) end the payment of periodical payments under regulation 9, relating to the prior period of service, for the duration of the period of new service and— (i) repay in full the amount of any lump sum paid under regulation 9 relating to the prior period of service; and (ii) such payment is to include interest calculated on a daily basis from the date of cessation of the prior period of service to the date when the repayment is made, at an annual rate determined by the Secretary of State having regard to the advice of the scheme actuary. (4) An election under paragraph (3) cannot be altered or revoked. (5) On cessation of the period of new service a person to whom paragraph 3(b) applies and who is an eligible person is entitled to— (a) a lump sum in accordance with regulation 9; and (b) periodical payments in accordance with regulation 9 until such time as the person receives a pension under the AFPS 14 or if the person is not a member of the AFPS 14 has reached the deferred pension age for a member of that scheme. (6) Payments under paragraph (5) are to be calculated with reference to both the prior service and the new service. (7) A person is not entitled to a lump sum or periodical payments under this regulation where they have previously received a lump sum under regulation 9 which has not been repaid. (8) Where a person rejoins the regular forces more than 5 years after an immediately prior period of service they are to retain any payments made to them in accordance with regulation 9. (9) Payments referred to in paragraph (8) are not to be recalculated in respect of their subsequent period of service and are to cease once the person is in receipt of a pension relating to that prior period of service under AFPS 14 or, if the person is not a member of the AFPS 14, has reached the deferred pension age for a member of that scheme.
13 Effect of rejoining the regular forces
(1) This regulation applies where a person who is receiving payments under regulation 9 (entitlement to early departure payments) undertakes a period of new service. (2) In this regulation a “period of new service” means any period of service in the regular forces after the cessation of a prior period of service provided that the subsequent period commences not more than 5 years after the cessation of the prior period of service. (3) Within one month of commencing the new period of service the person may elect to— (a) retain any payments that the person receives in accordance with regulation 9 relating to a prior period of service under this scheme, in which case— (i) such payments are not to be recalculated on cessation of the new service; and (ii) payments are to cease once the person reaches their deferred pension age in respect of the prior service, or would have reached that age if the person had been a member of the AFPS 14; or (b) end the payment of periodical payments under regulation 9, relating to the prior period of service, for the duration of the period of new service and— (i) repay in full the amount of any lump sum paid under regulation 9 relating to the prior period of service; and (ii) such payment is to include interest calculated on a daily basis from the date of cessation of the prior period of service to the date when the repayment is made, at an annual rate determined by the Secretary of State having regard to the advice of the scheme actuary. (4) An election under paragraph (3) cannot be altered or revoked. (5) On cessation of the period of new service a person to whom paragraph 3(b) applies and who is an eligible person is entitled to— (a) a lump sum in accordance with regulation 9; and (b) periodical payments in accordance with regulation 9 until such time as the person receives a pension under the AFPS 14 or if the person is not a member of the AFPS 14 has reached the deferred pension age for a member of that scheme. (6) Payments under paragraph (5) are to be calculated with reference to both the prior service and the new service. (7) A person is not entitled to a lump sum or periodical payments under this regulation where they have previously received a lump sum under regulation 9 which has not been repaid. (8) Where a person rejoins the regular forces more than 5 years after an immediately prior period of service they are to retain any payments made to them in accordance with regulation 9. (9) Payments referred to in paragraph (8) are not to be recalculated in respect of their subsequent period of service and are to cease once the person is in receipt of a pension relating to that prior period of service under AFPS 14 or, if the person is not a member of the AFPS 14, has reached the deferred pension age for a member of that scheme.
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