Armed Forces (Pensions and Compensation) Act 2004

3Accrued rights

(1)The power of the Secretary of State to modify an armed forces pension scheme may not on any occasion be exercised in any manner which would or might adversely affect any entitlement, accrued rights or pension credit rights of any member of the scheme acquired before the power is exercised unless—

(a)the consent requirements are satisfied in respect of the exercise of the power on that occasion in that manner, or

(b)the scheme is modified in the prescribed manner.

(2)The consent requirements are those prescribed for the purpose of obtaining the consent of members of the scheme to its modification.

(3)In this section—

  • “prescribed” means prescribed by an order under section 1,

  • “accrued rights”, “entitlement”, “member” and “pension credit rights” have the same meanings as in Part 1 of the Pensions Act 1995 (c. 26).