# The Local Government Pension Scheme Regulations 2013, Regulation 4: Restriction on eligibility for active membership

Extent: E+W

(1) Subject to paragraphs (2) to (4) the following are not entitled to be active members in an employment—
(a) a person entitled to membership of another public service pension scheme in relation to that employment;
(b) a person aged 75 or over; or
(c) an employee of an admission body who is a member of another occupational pension scheme in relation to that employment.
(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—
(a) the person's entitlement to be a member of an NHS Scheme is by reason of employment by—
(i) a Care Trust designated under section 77 of the National Health Service Act 2006 ,
(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
(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 ;
(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);
(c) the person was an active member immediately before becoming employed by one of those bodies; and
(d) the person is not an active member of an NHS Scheme in relation to that employment.
(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.
(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—
(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
(b) the person is not an active member of any other public service pension scheme in relation to that employment.

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Source: https://www.legislation.gov.uk/uksi/2013/2356/regulation/4 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-2013/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.