The Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025
Source: legislation.gov.uk (2025-03-19)

These Regulations amend the Armed Forces Pension Scheme Order 2005 (S.I. 2005/438), the Armed Forces Early Departure Payments Scheme Order 2005 (S.I. 2005/437), the Armed Forces Pension Regulations 2014 (S.I. 2014/2336) and the instruments containing the rules of the Armed Forces Pension Scheme 1975, the Full-Time Reserve Service Pension Scheme 1997, the Reserve Forces Pension Scheme 2005 and the Non Regular Permanent Staff Pension Scheme.

This Statutory Instrument has been made in part in consequence of defects in S.I. 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\") and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2025 No. 188

PUBLIC SERVICE PENSIONS

The Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025

Made

18th February 2025

Laid before Parliament

25th February 2025

Coming into force

19th March 2025

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(1 (\"#f00001\"))(“the 2013 Act”).

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.

Citation, commencement and extent

1. These Regulations—

(a)may be cited as the Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025;

(b)come into force on 19th March 2025;

(c)extend to England and Wales, Scotland and Northern Ireland.

Amendment of Armed Forces Pension Scheme 1975

2.—(1) The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(2 (\"#f00002\")), the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(3 (\"#f00003\")) and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(4 (\"#f00004\")) (in this regulation, collectively referred to as “each instrument”) are amended as follows.

(2) Schedule 1 (the Armed Forces Pension Scheme 1975) to each instrument is amended as follows—

(a)in rule A.1 (general), paragraph (3), omit the definition of “AFRS 2020”;

(b)in rule H.1 (further pensionable service: general rule), paragraph 3, sub-paragraph (c), for “63” substitute “59”.

(3) In Schedule 4 (remediable service), paragraph 1 (interpretation), sub-paragraph (1) to each instrument, for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the AFPS 1975 and “legacy scheme benefits” means AFPS 1975 benefits;”.

Amendment of the Armed Forces Pension Scheme 2005

3.—(1) The Armed Forces Pension Scheme Order 2005(5 (\"#f00005\")) is amended as follows.

(2) Schedule 1 (the Armed Forces Pension Scheme 2005) is amended as follows—

(a)in rule A.1 (interpretation: general), paragraph (4), omit the definition of “AFRS 2020”;

(b)in rule A.8 (reckonable service), paragraph (4)—

(i)for “paragraph (8)(1)(a)” substitute “paragraph 9(1)(a)”;

(ii)for “paragraph 11(1)(a)” substitute “paragraph 13(1)(a)”;

(c)in rule E.21 (nominations for lump sum death benefits), paragraph (3A), for “62” substitute “61”.

(3) In Schedule 2 (transitional provision), paragraph 2 (meaning of continuity of service), sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”.

(4) In Schedule 3 (remediable service), paragraph 1 (interpretation), sub-paragraph (1)—

(a)for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the AFPS 2005 and “legacy scheme benefits” means AFPS 2005 benefits;”;

(b)omit the definition of the “Scheme manager” in the second place it occurs.

(5) Paragraph (3) has effect on and after 1st October 2023.

Amendment of the Armed Forces Early Departure Payments Scheme Order 2005

4.—(1) The Armed Forces Early Departure Payments Scheme Order 2005(6 (\"#f00006\")) is amended as follows.

(2) In article 3 (general interpretation), omit the definitions of “remedy member” and “Scheme manager”.

(3) In the Schedule, paragraph 1, sub-paragraph (1), for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the Scheme established under the Armed Forces Early Departure Scheme Order 2005, and “legacy scheme benefits” means benefits payable under articles 8 to 13 of that Order;”.

Amendment of the Reserve Forces Pension Scheme Regulations 2005

5.—(1) The Reserve Forces Pension Scheme Regulations 2005(7 (\"#f00007\")) are amended as follows.

(2) In Schedule 1 (the Reserve Forces Pension Scheme 2005), rule A.1 (interpretation: general), paragraph (4), omit the definition of “AFRS 2020”.

(3) In Schedule 4 (remediable service), paragraph 1 (interpretation), sub-paragraph (1), for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the RFPS 2005 and “legacy scheme benefits” means RFPS 2005 benefits;”.

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

6.—(1) The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010(8 (\"#f00008\")) are amended as follows.

(2) In Schedule 1 (the Full-Time Reserve Forces Pension Scheme 1997), rule A.1 (interpretation: general), paragraph (2), omit the definition of “AFRS 2020”.

(3) In Schedule 3 (remediable service), paragraph 1 (interpretation), for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the FTRS 1997 and “legacy scheme benefits” means FTRS 1997 benefits;”.

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

7.—(1) The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(9 (\"#f00009\")) are amended as follows.

(2) In Schedule 1 (the Non Regular Permanent Staff Pension Scheme), rule A.1 (interpretation general), paragraph (2), omit the definition of “AFRS 2020”.

(3) In Schedule 4 (remediable service), paragraph 1 (interpretation), for the definition of “legacy scheme” substitute—

““legacy scheme”, in relation to a remedy member’s remediable service, means the NRPS 2011 and “legacy scheme benefits” means NRPS 2011 benefits;”.

Amendment of the Armed Forces Pension Scheme Regulations 2014

8.—(1) The Armed Forces Pension Scheme Regulations 2014(10 (\"#f00010\")) are amended as follows.

(2) In regulation 3 (interpretation), paragraph (1), omit the definition of “AFRS 2020”.

(3) In the Schedule (remediable service), paragraph 1 (interpretation), omit the definition of “AFRS 2020”.

Alistair Carns

Parliamentary Under Secretary of State

Ministry of Defence

18th February 2025

Nicholas Dakin

Jeff Smith

Two Lords Commissioners of His Majesty's Treasury

HM Treasury

13th February 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Armed Forces Pension Scheme Order 2005 (S.I. 2005/438 (\"http://www.legislation.gov.uk/id/uksi/2005/438\")), the Armed Forces Early Departure Payments Scheme Order 2005 (S.I. 2005/437 (\"http://www.legislation.gov.uk/id/uksi/2005/437\")), the Armed Forces Pension Regulations 2014 (S.I. 2014/2336 (\"http://www.legislation.gov.uk/id/uksi/2014/2336\")) and the instruments containing the rules of the Armed Forces Pension Scheme 1975, the Full-Time Reserve Service Pension Scheme 1997, the Reserve Forces Pension Scheme 2005 and the Non Regular Permanent Staff Pension Scheme.

These Regulations are scheme regulations under the Public Service Pensions Act 2013, in accordance with the Public Service Pensions and Judicial Offices Act 2022. They relate to a member’s remediable service in an armed forces pension scheme.

Regulations 3(2) and (4), 4, 5, 6, 7 and 8 amend scheme rules to remove unnecessary definitions, replace a definition and correct cross references.

Regulation 3(3) and (5) amends a provision in Schedule 2 to the Armed Forces Pension Scheme Order 2005 with retrospective effect to ensure that the rules on continuity of service are consistent with those in other armed forces pension schemes.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2013 c. 25 (\"http://www.legislation.gov.uk/id/ukpga/2013/25\"). Section 3(1) was amended by section 94(2) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7) (\"http://www.legislation.gov.uk/id/ukpga/2022/7\") and section 3(2)(c) was inserted by section 94(3) of that Act.

(2)

This Order (“the Naval Pensions Order”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Navy and Royal Marines. Schedule 1 to the Naval Pensions Order was revoked and replaced with a revised Schedule 1 by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010. Schedule 3 to the Naval Pensions Order was inserted by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") and has been amended by S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none is relevant. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(3)

This Warrant (“the Army Pensions Warrant”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Army. Schedule 1 to the Army Pensions Warrant was revoked and replaced with a revised Schedule 1 by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010. Schedule 3 to the Army Pensions Warrant was inserted by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") and has been amended by S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none is relevant. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(4)

This Order (“the Air Force Pensions Order”) sets out the Armed Forces Pension Scheme 1975 in relation to former members of the regular Royal Air Force. Schedule 1 to the Air Force Pensions Order was revoked and replaced with a revised Schedule 1 by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010. Schedule 3 to the Air Force Pensions Order was inserted by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") and has been amended by S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none is relevant. Hard copies can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(5)

S.I. 2005/438 (\"http://www.legislation.gov.uk/id/uksi/2005/438\"); relevant amending instruments are S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\"), 2018/1111 (\"http://www.legislation.gov.uk/id/uksi/2018/1111\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\").

(6)

S.I. 2005/437 (\"http://www.legislation.gov.uk/id/uksi/2005/437\"); relevant amending instruments are S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\").

(7)

These Regulations establish the Reserve Forces Pension Scheme 2005. These Regulations are made under sections 4 and 8 of the Reserve Forces Act 1996 (c. 14) (\"http://www.legislation.gov.uk/id/ukpga/1996/14\") and are not made by statutory instrument. The Regulations were amended by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") which inserted Schedule 3, S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and S.I. 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none are relevant. Hard copies of those instruments which are not statutory instruments can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(8)

These Regulations establish the Full-time Reserve Service Pension Scheme 1997. These Regulations are made under sections 4 and 8 of the Reserve Forces Act 1996 (c. 14) (\"http://www.legislation.gov.uk/id/ukpga/1996/14\") and are not made by statutory instrument. The Regulations were amended by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") which inserted Schedule 2, S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and S.I. 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none is relevant. Hard copies of those instruments which are not statutory instruments can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(9)

These Regulations establish the Non Regular Permanent Staff Pension Scheme. These Regulations are made under sections 4, 6 and 8 of the Reserve Forces Act 1996 (c. 14) (\"http://www.legislation.gov.uk/id/ukpga/1996/14\") and are not made by statutory instrument. The Regulations were amended by S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\") which inserted Schedule 3, S.I. 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and S.I. 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\"). There are other amending instruments but none is relevant. Hard copies of those instruments which are not statutory instruments can be obtained from Ministry of Defence, AF Remuneration - Pensions, Main Building, Whitehall, London SW1A 2HB.

(10)

S.I. 2014/2336 (\"http://www.legislation.gov.uk/id/uksi/2014/2336\"); relevant amending instruments are S.I. 2015/568 (\"http://www.legislation.gov.uk/id/uksi/2015/568\"), 2022/323 (\"http://www.legislation.gov.uk/id/uksi/2022/323\") and 2023/998 (\"http://www.legislation.gov.uk/id/uksi/2023/998\").