PART 1Membership, contributions and benefits
Membership
Restriction on eligibility for active membership4
1
Subject to F1paragraphs (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 M1,
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 M2, 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 M3;
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.
F24
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.