The National Health Service Pension Scheme (Scotland) Regulations 2015

Restrictions on membershipS

This section has no associated Policy Notes

19.  A person is not eligible to join this scheme if the person—

(a)is under the age of 16 or over the age of 75;

(b)is eligible to be an active member of—

(i)a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 M1; or

(ii)a public service pension scheme established under section I(2)(a) or l(2)(d) of the 2013 Act,

in respect of service in such a scheme and is such a member;

(c)is, other than by virtue of regulation 6 of the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015, eligible to be an active member of the 1995 Section or the 2008 Section in respect of service in that scheme;

(d)is a pensioner member of the 1995 Section or the 2008 Section, except so far as otherwise provided pursuant to the National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015;

(e)holds an honorary appointment and is not at the same time otherwise entitled to join this scheme;

(f)is employed by a dentist but is not a dental practitioner;

(g)is employed by—

(i)a GMS practice;

(ii)a Section 17C Agreement provider; or

(iii)an HBPMS contractor,

but does not assist the employer in the provision of medical services for the purposes of the GMS Contract, Section 17C Agreement or HBPMS contract (as the case may be),

(h)is a person who—

(i)becomes entitled to an upper tier IHP (see regulation 89); and

(ii)opts to exchange the upper tier IHP for a lump sum pursuant to regulation 108; or

(i)is a person to whom regulation 95(5)(b) applies.

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