4.—(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.
[F2(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.]
Textual Amendments
F1Words in reg. 4(1) substituted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(a)
F2Reg. 4(4) inserted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(b)
Marginal Citations
M12006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).