Regulation 9 Further restrictions on eligibilityI1

Scotland Not yet in force

(1)

Subject to paragraph (6) if a person’s employment entitles the person to belong to another public service pension scheme, or would so entitle him were it not for his age, that employment does not entitle the person to be a member, unless that other scheme was made under section 7 of the Superannuation Act 1972.

(2)

“Public service pension scheme” has the meaning given by section 150 of the Finance Act 2004^f1 (meaning of “pension scheme”).

(3)

An employee of an admission body may not be a member if the employee is a member of another occupational pension scheme in relation to the employment in respect of which that employee would otherwise be eligible to be a member of the Scheme under regulation 6(1) (admission agreements – further provisions).

(4)

A person may not become a member after the day before the person’s 75th birthday.

(5)

Part-time employment as an employee of a relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005^f2) on terms under which the retained or voluntary member is or may be required to engage in fire fighting does not entitle the member to be a member of the Scheme.

(6)

A person may be a member of the Scheme despite being entitled to be a member of the National Health Service Pension Scheme for Scotland^f3 (“the NHS Scheme”) if–

(a)

that person’s entitlement to be a member of the NHS Scheme is by reason of the person’s employment by an NHS Scheme employing authority as a result of a prescribed arrangement under section 15 of the Community Care and Health (Scotland) Act 2002^f4 (delegation etc. between local authorities and NHS bodies);

(b)

the person is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and an NHS Scheme employing authority; and

(c)

the person was an active member of the scheme immediately before that person’s employment by the NHS Scheme employing authority.

Annotations

Commencement

I1: Reg. 9 in force at 1.4.2009, see reg. 1

Footnotes

f1: 2004 c. 12.
f2: 2005 asp 5.
f3: The National Health Service Superannuation Scheme for Scotland is set up under section 10 of the Superannuation Act 1972. The current regulations are the National Health Service Superannuation Scheme (Scotland) Regulations 1995, S.I. 1995/365, as amended.
f4: 2002 asp 5.