Further restriction on eligibility

6.  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.”; and

(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 Scotland(1) (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 2002(2) (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.”.

(1)

The National Health Service Superannuation Scheme for Scotland is set up under section 10 of the Superannuation Act 1972. The current regulations are The National Health Service Superannuation Scheme (Scotland) Regulations 1995, S.I. 1995/365, as amended.

(2)

2002 asp 5.