63. After regulation 153 (Eligibility: general), insert—
(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.”.