The Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025
The Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025 amend various armed forces pension schemes, including the 1975, 2005, and Reserve Forces schemes.
Key changes include removing outdated definitions, correcting cross-references, and updating provisions related to continuity of service. These amendments aim to increase clarity and consistency across different schemes, streamlining administrative processes and ensuring a fairer calculation of pension entitlements for service members.
Arguments For
Improved clarity and consistency: The amendments remove outdated definitions and correct cross-references, leading to clearer and more consistent rules across different armed forces pension schemes.
Streamlined administration: Simplifying the rules simplifies the administrative processes involved in managing armed forces pensions, potentially reducing costs and improving efficiency.
Legal consistency: Aligning rules on continuity of service with those in other schemes ensures consistent treatment of service personnel.
Arguments Against
Unintended consequences: Any changes to established legislation carry the potential for unforeseen impacts on service members' pension entitlements.
Retrospective effect: Some changes are applied retrospectively, which might cause administrative complexities and disputes.
Limited impact assessment: The lack of a full impact assessment might indicate a lack of thorough consideration of potential wider ramifications.
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 20131(“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.
The Secretary of State, using powers granted by the Public Service Pensions Act 2013, created these regulations.
The Treasury consented to these regulations, and the Secretary of State consulted relevant parties before enacting them.
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.
These regulations are officially titled the Armed Forces Pensions (Remediable Service) (Amendment) Regulations 2025.
They came into effect on March 19th, 2025.
They apply across the whole of the UK; England, Wales, Scotland, and Northern Ireland.
The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 20102, the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 20103 and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 20104 (in this regulation, collectively referred to as “each instrument”) are amended as follows.
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”
.
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;”.
The regulations amend the 2010 orders governing the Armed Forces Pension Scheme 1975.
Specifically, the definition of "AFRS 2020" is removed from rule A.1, paragraph (3), and the number "63" is replaced with "59" in rule H.1, paragraph 3, sub-paragraph (c).
The definition of "legacy scheme" in Schedule 4, paragraph 1, sub-paragraph (1) is also redefined.
The Armed Forces Pension Scheme Order 20055 is amended as follows.
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”;
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)”
;
in rule E.21 (nominations for lump sum death benefits), paragraph (3A), for “62” substitute “61”
.
In Schedule 2 (transitional provision), paragraph 2 (meaning of continuity of service), sub-paragraph (2), for “T’s transition date” substitute “1st April 2015”
.
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.
Paragraph (3) has effect on and after 1st October 2023.
Amendments are made to the Armed Forces Pension Scheme Order 2005.
The definition of "AFRS 2020" is removed from rule A.1, paragraph (4), and cross-references are updated in rule A.8, paragraph (4), and rule E.21, paragraph (3A).
The definition of "legacy scheme" in Schedule 3, paragraph 1, sub-paragraph (1) is redefined, and a definition of "Scheme manager" is removed.
Schedule 2, paragraph 2, sub-paragraph (2), concerning continuity of service is updated, with the changes in paragraph (3) effective from October 1st, 2023.
The Armed Forces Early Departure Payments Scheme Order 20056 is amended as follows. In article 3 (general interpretation), omit the definitions of “remedy member” and “Scheme manager”. 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;”.
The Armed Forces Early Departure Payments Scheme Order 2005 is amended.
Definitions of "remedy member" and "Scheme manager" are removed from Article 3.
The definition of "legacy scheme" in the Schedule, paragraph 1, sub-paragraph (1), is updated.
The Reserve Forces Pension Scheme Regulations 20057 are amended as follows. In Schedule 1 (the Reserve Forces Pension Scheme 2005), rule A.1 (interpretation: general), paragraph (4), omit the definition of “AFRS 2020”. 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;”.
The Reserve Forces Pension Scheme Regulations 2005 are amended.
The definition of "AFRS 2020" is removed from Schedule 1, rule A.1, paragraph (4), and the definition of "legacy scheme" in Schedule 4, paragraph 1, sub-paragraph (1) is updated.
The Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 20108 are amended as follows. In Schedule 1 (the Full-Time Reserve Forces Pension Scheme 1997), rule A.1 (interpretation: general), paragraph (2), omit the definition of “AFRS 2020”. 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;”.
Amendments to the Reserve Forces (Full-Time Reserve Service Pension Scheme 1997) Regulations 2010 remove the definition of "AFRS 2020" from Schedule 1, rule A.1, paragraph (2), and update the definition of "legacy scheme" in Schedule 3, paragraph 1.
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 20119 are amended as follows. In Schedule 1 (the Non Regular Permanent Staff Pension Scheme), rule A.1 (interpretation general), paragraph (2), omit the definition of “AFRS 2020”. 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;”.
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011 are updated.
The definition of "AFRS 2020" is removed from Schedule 1, rule A.1, paragraph (2), and the definition of "legacy scheme" in Schedule 4, paragraph 1 is revised.
The Armed Forces Pension Scheme Regulations 201410 are amended as follows. In regulation 3 (interpretation), paragraph (1), omit the definition of “AFRS 2020”. In the Schedule (remediable service), paragraph 1 (interpretation), omit the definition of “AFRS 2020”.
The Armed Forces Pension Scheme Regulations 2014 are amended by removing the definition of "AFRS 2020" from regulation 3, paragraph (1), and from the Schedule, paragraph 1.
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
These are the signatures and titles of the individuals who signed the regulations, indicating their approval and authorization.
The dates indicate when these individuals signed the documents.
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. 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.
This explanatory note summarizes the regulations' impact.
It clarifies that the regulations modify several armed forces pension schemes, removing unnecessary definitions and resolving inconsistencies.
Specifically, it highlights the updates to the continuity of service rules.
A full impact assessment was deemed unnecessary due to the anticipated minimal effects on various sectors.