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Armed Forces: Pensions

Volume 508: debated on Wednesday 24 March 2010

To ask the Secretary of State for Defence whether his Department has sought legal advice on the status of the Minute of Separation under Scottish Law as the equivalent of the Decree for Judicial Separation in applying the Armed Forces Pension Scheme 1975. (323555)

Yes. Departmental legal advisers referred questions regarding the status of a Minute of Separation under Scottish Law to a Scottish firm of solicitors in April 2006. The advice given by the Scottish firm of solicitors was subsequently applied by the Armed Forces Pension Scheme 1975 (“the AFPS 1975”) scheme administrators in deciding an individual’s entitlement to restoration of widow’s pension under the AFPS 1975 rules.

To ask the Secretary of State for Defence what differences there are between the Armed Forces Pension Scheme 1975 and the Armed Forces Pension Scheme 2005 in respect of pension payments following the subsequent remarriage or co-habitation of widows. (323556)

Where a widow has been granted a non attributable pension under the Armed Forces Pension Scheme 1975 (“AFPS 1975”), i.e.: in circumstances where the death of her husband was not attributable to service, and that widow subsequently marries or co-habits with another person, then the pension is no longer payable.

In cases where a widow has been granted an attributable pension under AFPS 75 where her husband’s death on or after 31 October 2000 was attributable to service, and that widow subsequently marries or co-habits with another person, her pension will remain in payment.

Under the Armed Forces Pension Scheme 2005 (“AFPS 2005”), where a widow in receipt of a pension remarries or co-habits with another person, the pension payable under AFPS 2005 is unaffected.