Search Legislation

The National Health Service Pension Scheme Regulations 2008

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening OptionsExpand opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3.B.2    Restrictions on eligibility: general

This section has no associated Explanatory Memorandum

(1) A person is not eligible to be an active member of the Scheme if the person—

(a)became a pensioner member of the NHS Pension Scheme 1995 before 1st April 2008, or

(b)became a pensioner member or a deferred member of that Scheme on or after that date.

(2) A person is not eligible to be an active member of the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of the Scheme is not eligible to be an active member of the Scheme.

(4) A person is not eligible to be an active member of the Scheme in any further employment if the person—

(a)becomes entitled to a tier 2 pension under regulation 3.D.7, and

(b)opts to exchange that pension for a lump sum in accordance with regulation 3.D.11.

(5) A person who is entitled to the immediate payment of a pension under the Scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with—

(a)regulation 3.D.5 (partial retirement),

(b)regulation 3.G.4 (effect of re-employment on tier 2 ill-health pensions),or

(c)Chapter 3.G.

Back to top

Options/Help

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?