{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-2013/regulation-4",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-2013/regulation-4.json",
  "legislation": "uksi/2013/2356",
  "legislation_title": "The Local Government Pension Scheme Regulations 2013",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-2013",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Restriction on eligibility for active membership",
  "text": "(1) Subject to paragraphs (2) to (4) the following are not entitled to be active members in an employment—\n(a) a person entitled to membership of another public service pension scheme in relation to that employment;\n(b) a person aged 75 or over; or\n(c) an employee of an admission body who is a member of another occupational pension scheme in relation to that employment.\n(2) 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—\n(a) the person's entitlement to be a member of an NHS Scheme is by reason of employment by—\n(i) a Care Trust designated under section 77 of the National Health Service Act 2006 ,\n(ii) 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 , or\n(iii) 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 ;\n(b) 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);\n(c) the person was an active member immediately before becoming employed by one of those bodies; and\n(d) the person is not an active member of an NHS Scheme in relation to that employment.\n(3) 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.\n(4) 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—\n(a) 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\n(b) the person is not an active member of any other public service pension scheme in relation to that employment.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "2006 c. 42."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "2008 c. 14."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2356/regulation/4",
    "retrieved_at": "2026-10-29T00:40:57.304771+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}