Advice: Pension change, exit & ROS
 

Sirs, Ladies & Gents,

I hope to try and glean some advice from these boards as to the situation I now find myself.

You must have just made it into AFPS75. If you've only been in for 10 years as you suggest, you won't get an IP. So you first need to do the sums concerning what you will get. And when. Your existing pension earned should be preserved.

I was near enough the back end of '75 (and didn't accrue anything until age 21). I'm not hugely concerned about an immediate pension; I think I'd be entitled to standard resettlement grant if leaving on normal PVR terms.

Warning - possibly outdated advice - re the ROS on change of type. I know of guys who were told this but when challenging it, were then told it only applied to your first aircraft type. Therefore, if you have done your ROS on Type 1, the RAF choosing to move you to Type 2 doesn't add a further ROS. The para about ROS in the OCU paperwork was there for first tourists. Like I said, this was in the era of letting guys go so maybe it was convenient for PMA to accept the 'no second ROS' arguement to let guys go? Best to chat to your deskie I guess (and accept he then knows your plans - maybe no bad thing?) - good luck anyway.

If you signed something accepting the ROS I think you're stuck. If not...

The move to the new pension scheme doesn't mean you lose anything. You keep everything you have so far. Everyone is in the use boat. Your situation is not unique so not sure if you personally would be able to successfully argue a legal one off compensation. Why not use your current assured income and currency to get your full civilian licence and start planning for a PVR (ET in modern terms) to coincide with the end of RoS. Getting your licence whilst being current at work has got to be easier than trying to do it after you have stopped flying.

And don't bet on T&C being better in the real world. You'll probably be disappointed.

I didn't sign anything regarding the RoS, but I believe it's in a AP (I actually dug it out before venturing back to sandy places, it does state 3 years on change of type).

Do you have an option point at 12 years?

That way you'd not have a legal battle, you'd be out in 2ish years time (you'd wait 12 months if you'd PVR) and it would coincide with the end of your ROS?

Ascot,

If you have at least two years '75 service under your belt, you can claim the proportion of your pension which relates to pre 6 April 2006 service at age 60 (with the remainder payable at 65). If you get a decent new pension contract with your next employer organised in time (unlikely) or if you have a personal arrangement, you can transfer your deferred 75 benefits if you believe it is suitable and justifiable to do so (you'd be the exception rather than the rule). But the state is slamming the door on unfunded (not funded pensions, another unfairness in principle imo) public sector scheme pension transfers.

ROS
 

I wouldn't get too hung up on ROS as it is widely felt in the service legal areas (CLS anyway) as 'legally unenforcable'. There has, as far as I am aware been no instance of ROS being enforced in face of legal challenge. The MOD doesn't want it to go to court and be told formally to F*** Off and set the precedent.

Details of a lawyer who has challenged ROS would be gratefully appreciated from this
end as well.

If you serve until the Immediate Pension (IP)point you will get an immediate pension and pension lump sum reflecting the amount of service you had completed up to 1 April 15 but based on you rank at departure. You will also get a deferred AFPS 15 pension payable at your state pension age.

I am assuming that you are an officer so, leaving at IP will not entitle you to anything from the new Early Departure Payment Scheme (you have to serve at least 20 yrs and be at least age 40).

If you are a Forces Pension Society member David Marsh and Anthony Henderson will be happy to give you personalised figures. www.forcespensionsociety.org.uk

Watch the rule for the resettlement grant fella. I think it's 12 years recognisable service which for a non grad starts when you grad Cranditz. It would be a shame to miss out on a 14k lump sum for the sake of 6-12mths.

Good luck with the legal challenge. I know of a whole load of guys who will be watching closely. I wonder if the RAF makes these guys sign a non disclosure in return for letting them out of any "ROS". Quite frankly they've had it coming for a while!

Good luck.

Regards,

H_E (PVRd a couple of years ago) best thing I ever did.

Ascot,

Provided you serve until your 30th birthday, you should be good for the resettlement grant. Under AFPS 75 you require 9 years reckonable service to get it, which you would have started accruing from your 21st birthday.

Use Armed Forces Pension and Annual Allowance Calculator (AFPAAC) (the mod pension calculator) to run the figures.

Good luck getting out on legal grounds. The RAF has had a field day with this recently with people trying to escape to UK SAR.

See you on the outside!

SKDriver

Thanks for all the info chaps :ok:

Any more info on the chaps at your end Seaking?

Also, any recommends for lawyers for employment issues? Google throws up Bob Williams at Coffin Mew.

Cheers!

Just fail your fitness test fella - ROS goes out the window if you cant keep up with the beeps.....

Ascoteer

Speak to the Forces Pension Society before doing anything else; it will be the best return on £35 you will ever make. What they don't know about Service pensions is not worth knowing (even SPVA go to them for advice, which is reassuring). Bear in mind that no-one really knows the full impact of AFPS15 yet (certainly not SPVA, who rarely get anyone's pension calculation right first time).

https://forcespensionsociety.org/