The Armed Forces Pension Regulations 2014
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Change 1
85 Pension debit members
(1) This regulation applies where the deceased member was a pension debit member. (2) If the member was an active member— (a) the pensions payable under regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) are to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31 of the WRPA 1999 (“section 31”); (b) the amount payable under regulation 72 (surviving children’s pensions) by virtue of regulation 74 (annual rate of children’ pensions)— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31, and (c) the amount of lump sum payable under regulation 78 (death of a member: lump sum benefit) is to be calculated under regulation 79 (lump sum amount payable on death of active member). (3) If the member was a deferred member— (a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31; and (b) the amount payable under regulation 72 by virtue of regulation 74— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31. (c) the lump sum payable under regulation 78 is to be calculated under regulation 80 (lump sum amount payable on death of deferred member). (4) If the member was a pensioner member— (a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member was entitled (after the reduction under section 31); (b) the amount payable under regulation 72 by virtue of regulation 74— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31; and (c) the lump sum payable under regulation 78 is to be calculated under regulation 81 (lump sum amount payable on death of pensioner member).
85 Pension debit members
(1) This regulation applies where the deceased member was a pension debit member. (2) If the member was an active member— (a) the pensions payable under regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) are to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31 of the WRPA 1999 (“section 31”); (b) the amount payable under regulation 72 (surviving children’s pensions) by virtue of regulation 74 (annual rate of children’ pensions)— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31, and (c) the amount of lump sum payable under regulation 78 (death of a member: lump sum benefit) is to be calculated under regulation 79 (lump sum amount payable on death of active member). (3) If the member was a deferred member— (a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31; and (b) the amount payable under regulation 72 by virtue of regulation 74— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31. (c) the lump sum payable under regulation 78 is to be calculated under regulation 80 (lump sum amount payable on death of deferred member). (4) If the member was a pensioner member— (a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member was entitled (after the reduction under section 31); (b) the amount payable under regulation 72 by virtue of regulation 74— (i) is first calculated as if the member were not a pension debit member; and (ii) is then subject to any reduction required under section 31; and (c) the lump sum payable under regulation 78 is to be calculated under regulation 81 (lump sum amount payable on death of pensioner member).
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