Regulation 4 Restriction on eligibility for active membership
England and Wales
Subject to F1paragraphs (2) to (4) the following are not entitled to be active members in an employment—
a person entitled to membership of another public service pension scheme in relation to that employment;
a person aged 75 or over; or
an employee of an admission body who is a member of another occupational pension scheme in relation to that employment.
Paragraph (1)(a) does not apply to a person who is entitled to be a member of a National Health Pension Scheme (“an NHS Scheme”) for England and Wales if—
the person's entitlement to be a member of an NHS Scheme is by reason of employment by—
a Care Trust designated under section 77 of the National Health Service Act 2006 M1,
an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of that Act, or section 33 of the National Health Service (Wales) Act 2006 M2, or
the Care Quality Commission as a result of a transfer of employment from the Commission for Social Care Inspection, in connection with its dissolution under Part 1 of the Health and Social Care Act 2008 M3;
the person is designated, or belongs to a class of employees that is designated as eligible for membership of the Scheme in an admission agreement made between an administering authority and one of the bodies specified in sub-paragraph (a)(i) to (iii);
the person was an active member immediately before becoming employed by one of those bodies; and
the person is not an active member of an NHS Scheme in relation to that employment.
Paragraph (1)(a) does not apply to a member on reserve forces service leave who is entitled to be a member of the Armed Forces Pension Scheme if the member makes an election to the Scheme employer to remain a member of the Scheme.
Paragraph (1)(a) does not apply to a person who is eligible to join the Scheme by reason of employment described in regulation 3A(1) if—
the person is designated, or belongs to a class of employees that is designated as eligible for membership of the Scheme pursuant to regulation 3(1)(b); and
the person is not an active member of any other public service pension scheme in relation to that employment.
Annotations
Textual amendments
- F1
Words in reg. 4(1) substituted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(a)
- F2
Reg. 4(4) inserted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(b)
Marginal citations
- M1
2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).
- M2
- M3