AFPS75 was not closed legally to Regular Reservists Sect D

#1
Reading Part 1A Article 19F of the Army Pension Warrant 1977 it is apparant that the MoD did not close AFPS75 legally to Regular Reservists Section D that were mobilised after the 6th April 05. 19F states;
"whose service in the Army begins on or after the 6th April 05, or whose service given as a result of re-enlisting begins on or after the 6th April 05'
The wording clearly applies to New Entrants joining the Army for the first time after the 6 April 05 and to to ex-regulars re-enlisting after this date. Section D would have 'begun' their service in the Army long before this date and acceptance into service at the RTMC upon mobilisation is not re-enlisting as no attestation takes place whilst Section D are already the enlisted element of the Army Reserve.
As stated on various AFPS publications, where there is a difference of view, the rues are applied. Well you cannot get much more of a rule than the Army Pension Warrant signed by Her Majesty. 19F, the rule, does not say 're-begins, re-starts or similar wording and acceptence into service is not mentioned. The RFPS05 was imposed on AFPS75 Regular Reservists members, also to ex-regular members of the TA that mobilised after the 6th April 05 and pays peanuts compared to AFPS75.
Policy Pensions and the SPVA are disputing the above, so I would suggest that if you are affected you contact your CO in the case of the TA, or the Services Complaints Commissioner in the case of Section D, and /or write to the Pensions Ombudsman.
 

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