Eligibility: transitional153A

 

1

A person is eligible to be an active member of this Section of the Scheme if—

a

the Department has accepted that person’s option to join this Section of the Scheme under Chapter 10 of this Part; and

b

that person is not prevented by regulation 154 or 158 from doing so.

2

If a person referred to in paragraph (1)—

a

is entitled to a tier 1 ill-health pension under regulations 13A(3)(a) of the 1995 Regulations (Ill-health pension on early retirement); and

b

as the result of a determination made by the Department under regulation 13B(3) of those Regulations, that person becomes entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension,

that person shall cease to be eligible to be an active member of this Section of the Scheme from the date the Department makes that determination.