Further restriction on eligibility6
In Regulation 5–
a
for regulation 5(10) substitute–
10
A person who is a member and is an employee of a transferee admission body is treated as leaving a local government employment when he ceases to be employed in connection with the provision of the service or assets under regulation 4A(2) as a result of which employment he became eligible to join the Scheme.
b
after paragraph (5)(10) insert–
11
A person may be a member of the Scheme notwithstanding that he is entitled to be a member of the National Health Service Superannuation Scheme for Scotland13 (the “NHS Scheme”) if–
a
his entitlement to be a member of the NHS Scheme is by reason of his employment by an NHS Scheme employing authority as a result of a prescribed arrangement under section 15 of The Community Care and Health (Scotland) Act 200214 (delegation etc. between local authorities and NHS bodies);
b
he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and an NHS Scheme employing authority; and
c
he was an active member of the Scheme immediately before his employment by the NHS Scheme employing authority.