Regulation 19 Restrictions on membership

(1)

A person is not eligible to be a member of this scheme if the person—

(a)

is under the age of 16 or over the age of 75;

(b)

is eligible to be an active member of—

(i)

a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 M1; or

(ii)

a public service pension scheme established under section 1(2)(a) or l(2)(d) of the 2013 Act,

in respect of service in such a scheme and is such a member;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

is a pensioner member of the 1995 Section or the 2008 Section except so far as otherwise provided pursuant to the National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015;

(e)

holds an honorary appointment and is not at the same time otherwise entitled to join this scheme;

(f)

is employed by a dental contractor but is not a dental practitioner;

(g)

is employed by—

(i)

a GMS practice;

(ii)

a PMS practice; or

(iii)

an APMS contractor,

F2(iv)

a primary care network management company

but does not assist the employer in the provision of services for the purposes of the GMS contract, PMS agreement or APMS contract F3or primary care network standard sub-contract (as the case may be);

(h)

is a person—

(i)

who—

(aa)

becomes entitled to a Tier 2 IHP (see regulation 90); and

(bb)

opts to exchange the Tier 2 IHP for a lump sum pursuant to regulation 109; or

(ii)

to whom regulation 96(5)(b) applies.

(2)

Schedules 7 and 8 make provision in relation to other persons who are not eligible to become members of this scheme except as permitted by the Secretary of State.

Annotations

Textual amendments

F1: Reg. 19(1)(c) omitted (1.10.2023) by virtue of The National Health Service Pension Schemes (Partial Retirement etc.) (Amendment) Regulations 2023 (S.I. 2023/952), regs. 1(2), 23
F2: Reg. 19(1)(g)(iv) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 8
F3: Words in reg. 19(1)(g) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 8

Marginal citations

M1: 1972 c.11. Section 1 deals with pension schemes for civil servants and section 9 deals with pension schemes for teachers.