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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.
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