18.—(1) A person (P) is eligible to be an active member of this scheme if—
(a)P is in an eligible employment; and
(b)P has reached the age of 16 and has not reached the age of 75.
(2) P is not eligible to be an active member of this scheme if—
(a)P is employed in an accepted school in which P has a financial interest;
(b)P is a full protection member of the existing scheme;
(c)P is a tapered protection member of the existing scheme; or
(d)P satisfies the condition in regulation B7 of the 2005 Regulations.
(3) In this regulation—
“financial interest” does not include the right to receive a salary; and
“accepted school” has the meaning given in paragraph 2 of Schedule 1.
19. A person may be an active member of this scheme in relation to more than one employment.
20. A person is a dual capacity member of this scheme if the person is a member in 2 or more of the following capacities—
(a)an active member;
(b)a deferred member;
(c)a pensioner member.
(2) In determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member and the person’s rights in that capacity are to be disregarded.
(3) In determining whether a person who is an active member or a pensioner member is also a deferred member, the fact that the person is an active member or a pensioner member and the person’s rights in that capacity are to be disregarded.
21. Retirement benefits under this scheme are payable to a dual capacity member as if the member were 2 or more members and the amounts payable are determined accordingly(1).
The result is that 2 or more pensions or lump sums may be payable in respect of the one member.