Regulation 3.H.1 Application of Chapter 3.HF1

a person who is a pensioner member of F2this Section of the Scheme is employed in NHS employment, or

the person’s pension is a pension under—

the person has not reached the age of 65.

employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967^f1,

employment to which regulations made under section 10 of the Superannuation Act 1972^f2 and having effect in Scotland apply,

employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972^f3 apply,

employment F3commencing on or before 31st March 2012 to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald)^f4 applies, and

employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.

a person to whom this Chapter applies is referred to as an “employed pensioner”,

the pension to which the employed pensioner is entitled is referred to as the “old service pension”,

the employment in respect of which the pension is payable is referred to as “the old employment”, and

the employment in which the employed pensioner is employed is referred to as the “new employment”.

that person is employed by an Independent Provider—

any of paragraphs (5B), (5B) or (5C) apply to that person.

is not eligible to rejoin this Section of the Scheme on the effective date,

becomes eligible to do so on the day immediately after the first anniversary of the member entering NHS employment in accordance with paragraph (5)(b) of regulation 3.G.4 (“the day of eligibility”),

exercises an option not to rejoin this Section of the Scheme that takes effect from the day of eligibility and which has not been cancelled.