The Health Protection (Notification) (Amendment) Regulations 2026
The Armed Forces (Pensions and Awards) Act 2015 primarily legislates to amend the arrangements for pensions, awards, and compensation paid to members of the armed forces, as well as service civilians, making provisions for the establishment of new pension schemes and making necessary consequential changes.
Arguments For
Provides necessary legislative updates to modernize and reform the Armed Forces pension schemes, ensuring long-term sustainability and fairness in light of changing service demographics and economic realities.
Establishes a clear and legally sound framework for transitional protection measures relating to the move from legacy (Armed Forces Pension Scheme 2005 and Armed Forces Pension Scheme 1975) to the new Armed Forces Pension Scheme 2015, safeguarding accrued rights for affected personnel.
Empowers the Secretary of State to establish an independent, transparent process for reviewing and adjusting compensation and awards, promoting public confidence in the fairness of the system going forward.
Addresses specific issues regarding awards for injury or disease attributable to service, ensuring that compensation mechanisms remain fit for purpose.
Arguments Against
The overhaul of long-established pension schemes potentially disadvantages long-serving personnel who based their career planning on the previous arrangements, leading to dissatisfaction and perceived loss of promised benefits.
Transitioning to new arrangements, especially regarding abatement and survivor benefits, creates complexity in administration and potential confusion or error in individual pension calculations.
Granting the Secretary of State broad powers under Schedule 1, particularly regarding regulations on abatement and awards, concentrates significant discretionary power outside of direct parliamentary oversight for routine adjustments.
Any change to pension liabilities, even if intended for long-term sustainability, may be viewed by current service personnel as a reduction in the value of their employment contract compared to predecessors.
Part 1
Armed Forces Pension Scheme 2015
1 Establishment of Armed Forces Pension Scheme 2015
(1) The Secretary of State may by regulations establish a pension scheme for members of the armed forces to be known as the Armed Forces Pension Scheme 2015.
(2) The regulations may include provision for or in connection with—
(a) the persons who are eligible to be members of the scheme; (b) the provision of pensions or other benefits under the scheme; (c) the accrual, modification, forfeiture, suspension or cessation of benefits; (d) the abatement of pension or other benefits; (e) the circumstances in which a member may opt out of the scheme; (f) the administration of the scheme; (g) the resolution of disputes relating to the scheme.
(3) The power to make regulations under this section is exercisable by statutory instrument.
(4) A statutory instrument containing regulations under this section must be laid before each House of Parliament after being made.
This section grants the Secretary of State the authority to legally establish a new pension arrangement named the Armed Forces Pension Scheme 2015 through formal regulations.
The regulations made under this power can cover all necessary aspects of the scheme, including who can join, what benefits are provided, how benefits are earned or lost, rules around abatement (reducing pensions if someone returns to public service), and procedures for opting out or resolving disputes.
Any statutory instrument containing these regulations must be formally presented to both Houses of Parliament after it has been made.
2 Transitional arrangements
(1) The Secretary of State may by regulations make provision for and in connection with the establishment of the Armed Forces Pension Scheme 2015, including provision for—
(a) the transfer of benefits or liabilities from an existing scheme to the new scheme; (b) transitional protection for members of an existing scheme; (c) the application of existing scheme rules to periods of service before the establishment of the new scheme.
(2) Regulations under subsection (1) may include provision disapplying or modifying any provision of an existing scheme in its application for the purposes of the transitional arrangements.
(3) The power to make regulations under this section is exercisable by statutory instrument.
(4) A statutory instrument containing regulations under this section must be laid before each House of Parliament after being made.
This part allows the Secretary of State to create regulations governing the transition from previous pension arrangements into the new 2015 scheme.
These transitional regulations can mandate the transfer of existing pension benefits or liabilities into the new scheme structure.
They also permit the creation of transitional protection measures to safeguard the interests of individuals already contributing to legacy schemes.
Furthermore, the Secretary of State can modify or disregard aspects of older scheme rules specifically to facilitate these transition arrangements.
3 Existing schemes: consequential amendments
(1) The Secretary of State may by regulations make such amendments as are necessary or expedient to any existing scheme in consequence of the provision made by or under this Part.
(2) In this section, “existing scheme” means a scheme or arrangement made under or by virtue of section 1 of the Armed Forces (Pensions and Compensation) Act 2004 or section 12 of the Superannuation Act 1976.
(3) The power to make regulations under this section is exercisable by statutory instrument.
(4) A statutory instrument containing regulations under this section must be laid before each House of Parliament after being made.
This provision enables the Secretary of State to make necessary housekeeping amendments to existing Armed Forces pension schemes as a direct result of establishing the new 2015 scheme.
"Existing schemes" here refers specifically to arrangements established under the Armed Forces (Pensions and Compensation) Act 2004 or the Superannuation Act 1976.
As with the previous sections, these consequential amendments must be enacted via statutory instrument and reported to Parliament.
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