Ali Barber
"But if the pension is an entitlement, any claim for negligence and resulting payout would be a stand alone issue."
No, I'm afraid that is not how it works. Since the Armed Forces Compensation Scheme came into being in April 2005, for all servicemen and women, Service Attributable pensions have been paid under that scheme where the underlying incident occurred after the start date. They must therefore be seen as a form of compensation payment rather than an occupational pension under the main AFPS. Any damages or other financial settlement resulting from proceedings following the same incident are also a form of compensation, so the two would be viewed together. As I said to Chappie, the rules do not force the SofS to apply a reduction to the attributable pension, but they do allow him to consider it. Indeed, as the Minister ultimately responsible for MoD spending, he has a duty to consider it. It may not be very palatable, but that is how it works.
Regards
Ginseng