The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Restrictions on eligibility: generalN.I.

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

(a)became a pensioner member of the HPSS Superannuation 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 Article 3 or 11 of the Superannuation (Northern Ireland) Order 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 182, and

(b)opts to exchange that pension for a lump sum in accordance with regulation 186.

(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 HSC employment may only be an active member in accordance with—

(a)regulation 180,

(b)regulation 239 (effect of re-employment on tier 2 ill-health pensions),or

(c)Chapter 7.