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The AFPS 75 is contained in schedules 1 and 3 to three identical instruments, made under a mixture of the royal prerogative and statutory powers. Each instrument sets out the rules of the scheme for one of the services:

• Royal Navy (Order in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865)
• British Army (Royal Warrant made under a mixture of prerogative powers and section 2 of the Pensions and Yeomanry Pay Act 1884)
• Royal Air Force (Queens Order made under section 2 of the Air Force (Constitution) Act 1917)

The scheme came into force on 1 April 1975. In 2010, the rules of the scheme were harmonised and re-stated in new instruments, which are amended from time to time. The detailed rules for each service are set out in the:

• Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
• Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010
• Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010, as amended from time to time.

It should be noted that Schedule 1, which contains the legacy scheme rules, was replaced in its entirety by amending instruments in 2010, and this amendment applies from 3 January 2011.

The scheme has been amended under the armed forces legislation in 2012, 2015, 2017 and 2018 and SI 2015/568, and by other Departments legislation (e.g. for same sex marriage) from time to time (SI 2014/107, SI 2014/560, SI 2014/ 3061, SI 2015/568, SI 2018/799).

This Joint Service Publication (JSP) 854 guidance explains but does not supersede the contents of the Armed Forces Pension Scheme 1975 Regulations.

Legislation

The following legislation applies to AFPS 75:

• Armed Forces Pension Scheme 1975 Regulations - GOV.UK
• The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order SI 2014/107
• The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order SI 2014/560
• The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order SI 2014/3061
• The Armed Forces (Transitional Provisions) Pensions Regulations 2015 SI 2015/568
• The Armed Forces (Flexible Working) Act 2018 (Commencement) Regulations 2018 SI 2018/799