Paragraph 2 Eligibility of 2008 Section pensioners to join new schemeI1

a 2008 Section pensioner member—

1. (a)

   who is also an active member of the 2008 Section on or after 1st April 2015; or

2. (b)

   other than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date.

a 2008 Section pensioner member—

1. (a)

   who is also an active member of the 2008 Section on or after 1st April 2015; or

2. (b)

   other than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date,

and to whom regulation 2.B.3(1D) or 3.B.3(1D) of the 2013 Regulations applies.

eligible to be an active member of the new scheme on the earliest of—

1. (a)

   returning from a break in service where regulation 2.B.3(1B) or 3.B.3(1B) of the 2013 Regulations applies;

2. (b)

   reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations;

3. (c)

   returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations.

a 2008 Section pensioner member—

1. (a)

   who is also an active member of the 2008 Section on 31st March 2015; or

2. (b)

   other than an upper tier ill-health pensioner who returns to NHS employment on or after that date,

and ceased to be eligible to be an active member of the 2008 Section in any employment on or after 1st April 2015.

an Upper Tier ill-health pensioner—

1. (a)

   who returns to NHS employment and the first anniversary of that return is on or after 1st April 2015;

2. (b)

   to whom F1regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; and

3. (c)

   if on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulations 2.B.1 and 2.B.2 or 3.B.1 and 3.B.2 of the 2013 Regulations.

a 2008 Section member—

1. (a)

   who is not eligible to be an active member of that Section in NHS employment on or after 1st April 2015; and

2. (b)

   who becomes a pensioner member of that Section on or after that date.

a 2008 Section pensioner other than an upper tier ill-health pensioner who—

1. (a)

   is also an active member of the 2008 Section on 31st March 2022; or

2. (b)

   would have been eligible to be an active member of the 2008 Section if the member had been in NHS employment on that day.

An upper tier ill-health pensioner—

1. (a)

   who returns to NHS employment and the first anniversary of that return is on or after 1st April 2022;

2. (b)

   to whom regulation 2.G.4(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; and

3. (c)

   on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulation 2.B.2(A1) or 3.B.2(A1) of the 2013 Regulations.